What is a No Win No Fee Medical Negligence Claim?

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  • Written By: A. Leverkuhn
  • Edited By: Andrew Jones
  • Last Modified Date: 19 June 2018
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A no win no fee medical negligence case is a certain kind of personal injury/medical malpractice case that may be part of the justice system in various countries around the world. In these sorts of claims, the legal representation for the plaintiff often won’t be paid unless there is a successful verdict for the client. These types of claim setups help lower income plaintiffs to get access to justice for different kinds of injuries and medical liabilities.

Every country has its own system for litigating medical issues. Accordingly, no win no fee medical negligence cases are more common in some countries than others. In addition, every nation has its own legal and medical vocabulary. The term “no win no fee medical negligence” is more common in the United Kingdom than in many other countries. This kind of case can also be called a “contingency fee” case.


A no win no fee medical negligence case implies a more general lack of care for a patient in a given health care facility or system. In other kinds of medical injury cases like surgical error cases, there is a much more direct negative event that has led to the litigation of the medical malpractice case; this is usually referred to as malpractice. Many medical negligence cases focus on the lack of a standard of care that governs how a patient should be treated inside of a medical facility or system. The standard of care is a modern benchmark tool for securing better patient outcomes over a broad range of medical care departments, from birth to terminal care. If a standard of care is not in place, or a medical office fails to observe that standard of care, the patient might be able to bring a medical negligence claim.

Analyzing the rates or outcomes of medical negligence cases in a given country will produce more insight into that country’s specific legal system, as well as its health care system for dealing with medical care for its citizens. A medical negligence case may work differently in a country that has a national health system than it does in a country where every kind of medical care is privately contracted through private insurance companies. For instance, looking at outcomes for medical negligence claims may also trigger a profound consideration for the medical malpractice insurance rates that providers have to pay.

Medical malpractice insurance is an insurance policy that covers doctors or others for the cost of a medical negligence claim or other successful lawsuit. The premiums for this kind of insurance can be extremely costly, and some consumer advocates and countries around the world argue that high medical malpractice premiums get passed on to patients in countries where health care is not nationalized. These kinds of debates often regard medical negligence cases and similar cases as examples of what drives up cost, and how to handle high health care costs within a given system.



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