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, also called clinical negligence are claims that are brought when a patient has suffered an injury because of substandard medical treatment.

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?

A healthcare professional may provide negligent medical treatment if they fail to provide a service that meets the minimum acceptable standard for their profession.This could include failing to diagnose a condition, prescribing the wrong medicine, or making a mistake during surgery.

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.

There are many different types of medical negligence, including:

  • 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.

It is important to understand that just because you or a member of your family has endured poor medical treatment that does not necessarily mean you are the victim of medical negligence.

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.

What do I need to do if I believe I suffered from medical negligence?

If you are considering bringing a negligence claim, you firstly need to call us for an initial discussion. We will consider your options and whether you should pursue a claim for compensation.

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 do I need to do if I believe I suffered from medical negligence?
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What can I claim for?

There is a strict time limit if you want to make a negligence claim. You must start the process:

  • 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?

Medical negligence cases are complex and this means matters can take a considerable amount of time to conclude.

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?

Our solicitors will discuss the best way to fund your legal claim.

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?

Our solicitors are experts in personal injury claims and work tirelessly to secure the compensation that you deserve.
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.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our medical negligence services.
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