International brain tumour awareness week: the claim process

As our Personal Injury and Clinical Negligence team continue to support International Brain Tumour Awareness Week, we have prepared a simple guide explaining what you can expect, should you find yourself in the position of having to seek legal advice relating to the misdiagnosis, delay or difficulties experienced with treatment of a brain tumour.

1. Claims must be brought within three years from the date of damage occurred or the date of knowledge. This means we initially need to ensure there is enough time to bring your claim;
2. We will then apply for your GP and hospital records to support our factual investigation and help identify whether there has been negligent treatment;
3. A Letter of Notification is sent to the Defendant healthcare provider to briefly explain the nature of the claim;
4. Next we will approach an neurologist expert to create a report explaining where the breach of duty occurred, and provide their thoughts on your prognosis;
5. Any out of pocket expenses such as loss of earnings and travel expenses will be compiled in to a document known as a Schedule of Loss to allow these to be recovered;
6. Then a formal Letter of Claim is sent to the Defendant to outline the nature of your claim in further detail supported by the expert evidence;
7. The Defendant has 14 days to acknowledge the Letter of Claim. After doing so they will begin their own investigations and provide a detailed Letter of Response within 4 months;
8. Throughout this process we will always consider making offers to settle the claim and avoid issuing court proceedings;
9. In the event the case does go to court, we will be there to support you every step of the way;
10. Upon settling your case, we can organise any settlement figure to be transferred directly to yourself or for an investment specialist to provide you further advice on making the most of your funds.

CONTACT US

From our offices across Yorkshire, our specialist medical negligence solicitors have helped thousands of people claim compensation. Contact us today by calling 01484 821 500, or fill out our online enquiry form and a member of the team will be in touch at a convenient time for you.