Medical Negligence


medical-negligence-claims

We all trust our doctors and health professionals to care for us. However, sometimes things can go wrong. Your condition may not be correctly diagnosed or an operation may be performed badly. Your child may suffer an injury due to a difficult birth.

Highly specialised medical negligence lawyers listen carefully and sympathetically to what you say and advise you on the most suitable way for your concerns and grievances about possible clinical negligence to be resolved.

Our partners have made successful clinical negligence compensation claims in a wide range of areas including:

Have I got a medical negligence claim?

In order to obtain compensation for medical negligence you must prove:

  • Someone made a mistake;
  • This mistake caused the injuries from which you now suffer.

There are strict and complicated time limits – usually 3 years – from the date of the incident, from the date you should have been aware of the damage, or in the case of a child, from the 18th birthday and in a fatal case, from the date of death.

It is not always easy to decide if you have a claim. Often it is impossible without obtaining expert medical opinion.

Our partners offer a free telephone screening and advice service to identify whether your case warrants further investigation and what remedy would suit your particular needs.

Specialist medical negligence lawyers will explore with you the NHS and other complaints procedures and may refer you to appropriate patient support groups. We may need to see your medical records before deciding the best course of action.

If it is decided that you have a potential claim, you will be offered a free meeting with a clinical negligence solicitor to discuss whether you ought to proceed to make a compensation claim and how it is to be funded.

How can you get help?

Specialist clinical negligence lawyers do everything possible to solve your problem by offering the best legal advice and representation.

Our partners push for the best result on every case with minimal delay. Some of the most substantial compensation awards for clinical negligence have been achieved by skilful negotiation and without the need to involve the courts. However if court action is necessary many years of experience allow them to deploy the full range of litigation strategies available to fight hard for their clients.

Clinical negligence settlements could include:

  • An apology
  • An explanation
  • An acknowledgment of the harm suffered
  • Legal expenses and costs

The compensation could include awards in respect of:

  • Pain and suffering including psychological damage
  • Medical expenses and prescriptions
  • Loss of earnings
  • Reduced employment prospects
  • Loss of quality of life
  • Loss of out of pocket expenses
  • Cost of care for the past and care for the future
  • Cost of aids and equipment

Who will pay for my claim?

Clinical negligence claims can be very expensive. Not only is the law difficult but eminent and expensive doctors often need to be instructed to give evidence. There is sometimes delay in waiting for medical reports as the best doctors are busy people.

Public Funding (formerly Legal Aid)Public Funding may be available – Our partners are one of only about 200 firms in England and Wales to be awarded a Legal Aid Franchise for Clinical Negligence Work. They  will let you know if we think an application for public funding will be successful. It is no longer available for most personal injury claims however it may still be available for child abuse claims and for clinical negligence claims. It is strictly means tested and sometimes a financial contribution is required. Even if Public Funding is available it may not always be the best option.

Fixed Fee – Many often agree to undertake a preliminary investigation for a fixed fee. The purpose of this investigation is to collect basic medical evidence and to estimate the chances of a claim succeeding. In many cases the result of the preliminary investigation allows them to offer clients a ‘No Win No Fee’ agreement – see below.

Legal Expenses Insurance - you may have an insurance policy to pay your legal costs, perhaps with your car or home insurance. Did you know that you do not have to accept the law firm recommended by your insurer? Many people do not realise that they have this insurance. Frequently this is an add on, often without charge, to a policy primarily designed to cover some other risk.

It is often found in

  • Home insurance or home contents policies
  • Car insurance policies
  • Credit card insurance
  • Employer’s insurance policies
  • Private healthcare insurance policies
  • Personal accident insurance policies
  • Union benefits

It is essential that any such cover is identified and we will be pleased to advise you whether or not your policy is suitable. Sometimes although there is cover the indemnity limits may be too low or the types of claim may be limited. You do not have to accept the law firm recommended by your insurer. Contact us before you contact your insurer for independent advice from our specialist team.

No Win No Fee - for many clients this is the best option.

If our partners think you have a good case, they will find a way to help you fund it.

NHS Complaints Procedure