
Matter Type:
Clinical Negligence
Malcolm
Collected on:
Three years to get almost nothing
Three years ago I started an action for clinical negligence against a GP. It was a "No-Win-No-Fee" action.
Of course the famous phrase "No-Win-No-Fee" is not what most lay people think it is. It is a Condition Fee Agreement. You take out an After The Event insurance policy at the beginning. It's there to guarantee the huge legal fees that solicitors charge. If you lose then you pay nothing and get nothing. If you "win" then the premium is deducted from your award and a maximum of 25% Success Fee is also deducted.
This is okay, but only so long as you actually WIN and the other side pay out proper compensation.
Hugh James moved at the pace of an asthmatic snail on sedatives. Endless emails followed. Worst of all, they engaged a fantastically expensive neurologist, Dr Oliver Foster, who was a superb expert witness not just for me but also for the defence. Thus NHS Resolution, got away with offering a paltry £10,000, which after deductions as mentioned ended up as £7500.
My actual medical expenses caused by this GP were approaching £6000, so I in effect ended up with £1500 - after three long years of stressful legal action. I would avoid them for this sort of litigation.
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