Seeking Guidance on Medical Negligence Claim

Hi everyone,

I am reaching out to gather insights regarding a challenging situation my family is currently facing. A family member has initiated a medical or clinical negligence claim against NHS Wales. This decision comes after an internal investigation conducted by NHS Wales revealed numerous failings in the care that led to a missed critical appointment. Unfortunately, this oversight has had dire consequences, resulting in my family member needing significant further medical intervention. They had previously undergone surgery to remove half of their stomach due to an earlier diagnosis of cancer. Now, due to the recurrence and spread of this illness, additional surgery is required to remove the remaining part of their stomach.

Admission of Fault and Next Steps

In light of the findings from their internal investigation, the NHS body has acknowledged fault in writing. They recommended that we seek professional legal advice, citing that the compensation claim could potentially exceed their £25,000 limit that is typically allocated for "putting things right." This acknowledgment is an important step in our claim process, as it indicates that the NHS recognizes the gravity of their oversight and the impact it has had on my family member’s health and well-being.

Engaging with Solicitors

In my effort to navigate this complex process, I have reached out to several local solicitors on behalf of my family member. So far, only one solicitor has shown willingness to take on the case. They quoted a fee structure that feels quite daunting—requesting 25% of the total claim as their fee, along with an additional 10% for other unspecified services, which I am currently in the process of clarifying. The implications of this fee structure are concerning, as it totals an alarming 35%.

Understanding "No Win, No Fee" Arrangements

My primary question revolves around the norm for "no win, no fee" medical negligence claims. Is it commonplace for the fees to reach as high as 35% of the final settlement? This percentage seems significant, and I am keen to understand if others have experienced similar arrangements. High fees can drastically affect the compensation that ultimately reaches the claimant, especially in cases where the impact of the negligence has been severe.

The Role of AI Legalese Decoder

In contemplating our next steps, I want to highlight how tools like the AI Legalese Decoder can play a critical role in cases like ours. This innovative tool can help decode complex legal terminology and provide clear explanations of various legal documents, including fee structures, contracts, and agreements with solicitors. By using the AI Legalese Decoder, we can better understand the intricacies of the fee agreement presented, ensuring that we are fully informed about what we are agreeing to and the potential financial implications involved.

The AI Legalese Decoder can also assist in navigating the overall process of pursuing a medical negligence claim—offering clarity on how to effectively communicate our needs to legal professionals, what to look for in terms of legal representation, and how to evaluate whether the proposed fees are justifiable based on industry standards.

Conclusion

In summary, I appreciate any insights or experiences you may have regarding these types of medical negligence claims and the associated fees. It is crucial for us to ensure that we have all the pertinent information at our disposal as we move forward with this claim. Thank you all in advance for your valuable advice!

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