When a medical mistake occurs it can have a devastating impact upon the patient and their loved ones, impacting not only upon their health but also potentially on the individual’s personal and working life. Our team of Clinical and Medical Negligence experts will look to help ease the burden during this difficult time by also considering care plans, home adaptations, corrective treatments, counselling and rehabilitation where appropriate.
Clinical and Medical Negligence claims arise as a result of healthcare professionals acting against the interests of your health or failing to act at all. Mistakes can arise at the diagnosis, treatment or surgical stage. Our Clinical and Medical Negligence lawyers deal with thousands of negligence compensation claims against both the NHS and Private Practice covering a wide range of circumstances including, but not limited to:
- anaesthetic negligence
- birth injury and obstetrics
- cancer misdiagnosis
- cerebral palsy
- childhood illness and injuries (paediatric care)
- clinical trials
- cosmetic surgery
- care homes and nursing homes
- dental negligence
- Erb’s palsy
- gallbladder surgery
- geriatric / elderly care
- GP, NHS and private hospitals
- hip or knee replacements
- missed IVF and fertility opportunities
- misdiagnosis or delayed diagnosis
- neurosurgery and neurological matters
- ophthalmology negligence and blindness cases
- psychological and psychiatric neglect
- sepsis compensation claims
- surgical errors
Members of Action against Medical Accidents (AvMA)
Our Clinical and Medical Negligence solicitors are members of the Action against Medical Accidents (AvMA) and can also provide assistance with Coroner and Inquest hearings.
If you would like to discuss making a Clinical and Medical Negligence compensation claim as a result of lack of consent, mistreatment or failure to act by a doctor, dentist, surgeon or other type of healthcare professional please call a member of our Clinical and Medical Negligence team on Freephone 0808 164 0808 for a FREE, no-obligation chat or complete the request a call back form and we will call you.
If the matter is particularly sensitive and immediate assistance is required then we can arrange for one of the Clinical and Medical Negligence lawyers to meet you at the hospital or at home.
Medical Negligence Claims FAQs
Where a healthcare professional (which could be a doctor, nurse, midwife, dentist , surgeon etc) provides treatment that falls below a standard considered as reasonable for that clinician’s specialism, and which causes you injury, then you have a right to claim compensation from that clinician and/or their employers.
Yes! If you think you have suffered an injury following negligent medical treatment, you should seek legal advice as soon as is possible.
Generally medical negligence claims should be brought within 3 years from the date that you became aware that the treatment you received may have been negligent, and that it caused you injury. If you do not issue court proceedings within that time, there is a real danger that a court will not allow you to proceed with your claim.
There are exceptions to this rule. Children have until they are 21 in which to bring a claim, and those who are unable to manage their own affairs (in other words they lack capacity) are exempted from this time limit.
The NHS has a formal complaints process. Firstly, you should make your complaint as soon as is possible to the organisation that provided your healthcare. Your complaint must be made within 12 months from the date the event happened or 12 months from the date you first became aware of it. If you do not, then the NHS will not consider your complaint.
You can get help from the Patient Advice & Liaison Service (PALS) whose officers are in most hospitals.
If you are unhappy with the response you get, you can complain to the Parliamentary and Health Service Ombudsman.
If in any doubt, please contact us.
In order for your claim to succeed, you will have to show that the standard of care you received fell below that of a reasonably competent doctor/health care professional, AND that you have suffered an injury as a result of that negligent action.
Just because a doctor has done something wrong, does not mean you have a claim.
We will assess your case once we have spoken to you. With your permission we will then obtain all of your medical records, and subject to a review of those records, we will instruct an independent medical expert to complete a detailed report on your case. Subject to that report we will then negotiate settlement of your claim. If that is not possible we will issue court proceedings on your behalf.
Over 95% of our cases settle without going to a trial.
In all likelihood no.
95% of our cases are settled without the need to go to court.
Most are negotiated and settle many months before any trial date.
If you do need to go to court, you should rest assured that our legal team will ensure that you are looked after, and that your case is presented to the very highest professional standard.
The burden of proof will rest with you.
We are here to help you deal with that burden. Initially we will take detailed instructions from you. We will then, with your permission, obtain your medical records. We will have those professionally sorted and paginated for you. We will then instruct one or more medical experts to assess whether the treatment you received was substandard, and whether that treatment caused you any injury.
These investigations can take many months. Once they are successfully concluded we will send a letter of claim to the proposed defendant. They in turn will provide a letter of response. It may be possible, at that stage, to negotiate settlement of your claim. More often than not it will be necessary to issue court proceedings. The court will put in place a timetable for your claim.
Claims may settle at any time. The average length of a medical negligence claim is between 3 to 4 years, but every case is different. We will try our very best to provide you with realistic estimates as to how long your claim will take.
The vast majority of our clients enter into a Conditional Fee Agreement (CFA) with us (otherwise known as ‘no win, no fee‘). You may also have an existing insurance policy which covers the cost of investigating and pursuing a medical negligence claim.
We will discuss all the funding options with you. Further, we can offer you an ‘after the event’ insurance policy (ATE) which protects you from losing your case. In other words, the policy will pay for your legal costs including the costs of your medical experts, court fees, and in some instances costs incurred by the defendants.
Yes, we are medical negligence specialists. Our Clinical & Medical Negligence Team ONLY does medical negligence work and nothing else.
We act for those bringing claims against doctors. Two of our Partners are recognised by the Law Society as being specialists in their field, and both are on the Law Society’s Clinical Negligence Panel.
We are passionate about what we do, and we are committed to ensure that we help in the maintenance of a safe and caring healthcare system.