Medical Negligence
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If your life or the life of a loved one has been affected because of medical negligence, then talk to our team about claiming the compensation that you deserve. We can assist wherever you are based and offer a No Win No Fee service for most matters.
Medical negligence claims can arise due to a range of reasons, common examples include a doctor failing to diagnose your condition or mistakes made during surgery or procedures.
NHS care is usually very good, however, things can go wrong, and our specialist medical negligence solicitors are on hand to discuss your specific circumstances.
What constitutes medical negligence?
However, a mistake does not automatically entitle you to compensation. We also need to prove that the negligent treatment you received fell below acceptable standards causing avoidable harm and your injury or loss. This is also known as causation.
- Misdiagnosis – Receiving the wrong or no diagnosis for a condition, symptoms were missed, and your illnesses worsened.
- Delayed diagnosis – Failing to diagnose your condition early on, leading to the condition worsening.
- Incorrect treatment – Being prescribed the wrong medication or receiving inappropriate therapy.
- Surgical mistakes – An error during a procedure or operation resulting in an injury or further illness.
- Consent – Receiving treatment without providing your consent.
If you believe you or a family member has been the victim of negligence you should seek legal advice as soon as possible. Our medical negligence team will give you an honest opinion and can help you determine whether to progress with a claim for compensation.
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What do I need to do if I believe I suffered from medical negligence?
To be successful, we need to prove that you suffered physical or psychological injury as a direct result of the care or treatment you received.
If we believe there is a strong chance of pursing a successful claim, then we will review your records alongside instructing any relevant medical experts.
There is a strict time limit if you want to make a negligence claim. You must start the process:
- Within 3 years of when the negligence happened, or
- Within 3 years of the date that you realised that your injury was because of the treatment.
There is some exception around this rule including fatalities, but our team will be able to explain any upcoming deadlines.
What can I claim for?
- Compensation for pain and suffering
- Payment for ongoing treatment
- Compensation if you cannot carry out certain activities or hobbies loss of earnings
- The cost of any extra care or equipment you may need
- The cost of adapting your home
- Compensation for any psychological damage
A claim can be made by the next of kin of someone who has died or does not have the capacity to make their own claim.
How long does the process take?
No two cases are the same and the length of a claim depends on several factors including the complexity and severity of the claimant’s injuries, including how they impact and will continue to impact, on their quality of life.
These timelines are therefore only a rough guideline:
- Simpler, non-contested hospital negligence claims – 18 months to two years
- Medical negligence cases going to court – three to four years
- Complex, contested cases with ongoing effects from injury – five to six years
We will work tirelessly to support you, fighting for the compensation you deserve and need to get your life back on track as quickly as possible.
How can I fund my case?
Legal aid – Unfortunately, legal aid to cover negligence claims is no longer available, apart from in extremely limited circumstances for children.
Your trade union – If you are a member of a trade union, they may be able to assist with the costs of a legal claim.
Legal expenses insurance – Sometimes insurance policies include legal expenses cover which could be used to pay for a clinical negligence claim. You can check you home insurance and other policies to see if you are covered.
No Win No Fee – Most personal injury claims that we deal with are handled for our clients on a No Win No Fee basis. This means that there is no financial risk to you in making a claim.
Our team will be able to tell you whether we can act for you on this basis and we will explain how this will work in practice.
Why Choose Us?
We have helped many individuals across the country through the sensitive process of claiming for a serious personal injury claim and can assist wherever you are based.
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