No Win No Fee Agreement

Contact a highly competent legal team of medical negligence solicitors at Medical Solicitors. Most of the Medical and Clinical Negligence cases are filed under ‘No Win No Fee’ arrangements, also called ‘conditional fee agreements’. This means clients do not need to incur out-of-pocket expenses in case of successful claims against the medical practitioner. Instead, they are required to pay only if the case is lost.

‘No Win No Fee’ agreements

In many countries, such as the USA and the UK, the practice of ‘no win no fee’ agreements have been in existence for years. Such an arrangement may be beneficial for medical practitioners as well as their clients. For instance, it provides them with financial security when cases are lost and, thus, gives them peace of mind.

But the situation is somewhat different in the United States. In that country, doctors often have difficulty retaining their licenses to practice medicine based on claims of medical negligence.

No Win No Fee Act

Such circumstances have created a need for the introduction of new legislation, which is known as the No Win No Fee Act. This Act has brought into law the principle that there should not be any cost incurred by a client in the case of a claim against him/her by a medical practitioner or hospital. In other words, this means that doctors are not allowed to charge a client even if they lose a case. This Act has also made it compulsory for a medical practitioner to give notice to the client of any payment he or she intends to make for a medical negligence claim.

Medical Negligence Compensation Act 2020

However, the Medical Negligence Compensation Act 2020 has taken medical negligence claims out of the jurisdiction of No Win No Fee laws. Under this Act, no advance payment is allowed by a health professional, in any case, without the client’s consent. If a claim is won and it is proved that the medical practitioner has failed to discharge his duties to a reasonable degree; compensation could be paid to the patient in an amount determined by a court.

No Win No Fee arrangements

These days, more people are opting for No Win No Fee arrangements to help them retain their health and legal expertise in such cases. Such a medical negligence claim agreement would not only mean lesser out-of-pocket expenses; but also provide an opportunity for the patients to file such a claim and receive compensation.