No win no fee in nuanced case

CollinTheCrisp

Hi, a family member was treated (neglectfully) by the HSE for 7 days before getting any sort of proper treatment, in the 8 days with no substantive treatment the patient's health deteriorated rapidly. When they were finally treated, on the eight day, the patient's health gradually started to level off/improve.

Now six months later the patient is permanently impaired, both psychically and mentally. We looked for advice on this and were told we would probably have a case so long as we proved the patient was neglected and that they suffered long term consequences as a result of the neglect. The lawyer we contacted said we have grounds for investigating further but we have to pay 8 thousand pounds for a group of experts to decide if neglect can be proven. Basically we as a family don't have £8k to just punt off to experts who may decide that neglect cannot be proven.

Long story short we are looking for a 'no win no fee' type lawyer who would be able to handle this kind of case, this is not just a fender bender type lawsuit so just googling is not an efficient way of finding the best fit imo.

Monetary compensation is not necessarily our primary reason for looking to make a claim. We, as a family, would want not another patient to go through this kind of ordeal, and in our opinion the HSE should to held accountable.

The recent publicized case with the Cork farmer who sadly passed away has strengthened our resolve with regard to pursuing this.

Thanks.

Pat Mustard

CollinTheCrisp wrote: »

The lawyer we contacted said we have grounds for investigating further but we have to pay 8 thousand pounds for a group of experts to decide if neglect can be proven. Basically we as a family don't have £8k to just punt off to experts who may decide that neglect cannot be proven.

Long story short we are looking for a 'no win no fee' type lawyer who would be able to handle this kind of case, this is not just a fender bender type lawsuit so just googling is not an efficient way of finding the best fit imo.

You say that your lawyer told you that the Stg£8K was requested to cover the cost of expert reports. We do not have details of the injury and we can't tell what experts would be required so we will just assume that this is correct for the time being, for the sake of argument.

There are many lawyers who represent clients in litigation on the basis that they don't charge a professional fee if the action is unsuccessful.

However, in many instances, they ask the clients to cover the cost of expert reports.

What you are looking for is a solicitor who won't charge a professional fee unless he recovers costs. I could be wrong but I have the impression that you would like your solicitor to cover the cost of expert reports, as well.

Medical negligence litigation is regarded as being high-risk/high-stakes by lawyers and insurance companies alike. Sometimes, insurance companies contest matters to the last, making it more difficult work.

You may find a solicitor who may agree to act for you, who may not charge you unless you win the case and recover costs. However, you may find it more difficult to find such a solicitor than if it was a simpler case, where liability may not be an issue.

As to the issue of the solicitor funding the expert reports, perhaps you may find one that will do so or perhaps not. It is a lot of money for the solicitor to lose, if the case is unsuccessful or if an award of costs is not made.

In any event, the forum charter does not allow recommendations for solicitors, so this thread will have to be closed.