Medical negligence solicitors

Every claim is different, but the amount of compensation you could get will take two things into account: the seriousness of your illness or injuries and to what extent they impact your day-to-day life and future prospects.

Here are just a few examples of the compensation we have successfully recovered for our clients:

• Over £8.6 million for a child with cerebral palsy.
• £1.5 million for a man who suffered a stroke due to negligence following a heart bypass procedure.
• £500,000 for a child who suffered brain damage after a GP failed to refer her to hospital with symptoms of dehydration.
• £750,000 for a man who suffered a stroke following his GP failing to treat high blood pressure.
• £220,000 following a delay in diagnosing and treating malignant melanoma on the knee.
• £425,000 damages for the widow of a man whose GP failed to refer him to hospital with an abnormal ECG, which led to him suffering a heart attack and premature death.

It’s vital to seek legal advice as soon as possible after the medical treatment that resulted in you suffering an injury. All medical negligence claims must be brought within three years of the negligent treatment. This means that Court proceedings must be commenced by issuing a claim form at Court within three years.

If you weren’t aware that you suffered an injury as a result of the treatment until later, the three years will run from the date you became aware.

These time limits are set by statute and are rigidly applied. It is very rare for a Court to allow a claim to be brought after the three-year period.

If a claim is brought on behalf of a child, they will have three years from the age of 18 to start Court proceedings (i.e. until they are 21).

Pursuing a medical negligence claim can be expensive. Luckily, there are different funding options available to either limit or entirely remove the cost from you.

For example, you may have an existing insurance policy that will cover the cost, or we may be able to act for you under a no win, no fee agreement. If your claim is for a birth injury, you might be eligible for Legal Aid, provided you meet the qualifying criteria.

Your solicitor will talk you through the funding options available at the outset of your medical negligence claim, to make sure you find the best solution for your circumstances.

The time it takes to settle your medical negligence claim will depend on many factors. Complex, high value claims can take a long time whereas simpler claims where the Defendant accepts liability can take around 12 months.

However, no matter how complex your claim, it’s vital that your settlement is carefully considered to ensure your lifelong needs will be fully provided for, regardless of how long this takes to determine.

Where appropriate, we will apply for interim payments so that you can fund the treatment and/or care you need while your claim is progressing.

Medical negligence claims can be complex and can take a long time to reach conclusion. In most cases, the following steps will be taken to investigate a claim:

1. Full medical records are obtained from before and after the alleged negligence.
2. An independent medical expert reports on whether the standard of care fell below the expected level of a reasonably competent practitioner (breach of duty) and whether the breach of duty or negligent treatment caused additional injury and loss (causation).
3. If the medical reports support a claim for both liability and causation, we will consider the value of your claim, and a Letter of Claim will be sent to the Defendant setting out the allegations of negligence.
4. The Defendant has four months under the Court rules to investigate our allegations and respond, indicating whether liability is admitted or denied.
5. While we wait for a response, we’ll begin to assess the value of your claim. A medical report addressing your condition and future prognosis will be obtained.
6. If liability is admitted, and it’s possible to place a value on your claim at an early stage, negotiations for settlement are likely to take place avoiding the need for court proceedings.
7. If liability is denied or if there’s a dispute about the value of your claim, court proceedings will be commenced. This doesn’t necessarily mean your claim will go to trial. In fact, very few medical negligence claims go all the way to a trial.

For your medical negligence claim to be successful, we will have to prove:

1. Breach of Duty (or liability): You must prove that the treating clinician did something or failed to do something that no other reasonably competent practitioner would have done or failed to do.
2. Causation: You must prove that this breach of duty caused you to suffer an injury that you would not have suffered if the clinician had provided the correct standard of care.

If the treatment you received was provided in an NHS hospital, you will sue the NHS Trust responsible for that hospital rather than the individual clinician. If your treatment was provided by a GP or a doctor at a private hospital, you will sue the individual GP or doctor rather than the GP practice or private hospital.

The NHS ‘self-insures’ against claims for medical negligence and private doctors have insurance to cover claims against them. If your negligence claim is against a dentist, you will sue the individual dentist rather than the dental surgery. There are exceptions to these rules so your solicitor will carefully consider who should be pursued.

You can make a medical negligence claim for yourself or on someone else’s behalf if they are a child or lack the mental capacity to claim themselves. This could be due to a mental illness or disability, a brain injury or an illness like Dementia or Alzheimer’s. You can also claim on behalf of a loved one who suffered a fatal injury due to medical negligence.

The following are just some of the areas that may give rise to a medical negligence claim:

• Obstetric or midwifery care during pregnancy or childbirth causing severe injuries to the mother or baby
• General surgery including urology, gynaecology, keyhole (laparoscopic) surgery
• Plastic or cosmetic surgery including breast augmentation, rhinoplasty and a face lift
• Orthopaedic surgery such as failing to properly treat fractures
• Emergency care in A & E or by ambulance crew including failing to diagnose a stroke, heart attack, fractures or a brain haemorrhage
• GP care such as misdiagnosing or failing to refer cancer, cardiac disease, a stroke or heart attack
• Anaesthetist errors including anaesthetic awareness and anoxic brain injury
• Nursing care such as failing to record patient information correctly and medication dosage errors

Yes, we’ll need to arrange a medical examination if you make a medical negligence claim, so that we can understand the full extent of your injury and your future prognosis.

We will organise for an independent medical specialist to examine you and their findings will go into a medical report that can be used as evidence in your claim. The more information we have, the better the chances of getting the maximum compensation you deserve.