Medical Negligence Solicitors

Have you suffered due to poor medical care?

When you fall ill and you don’t get better after treatment, you often wonder if a medical mistake has been made and if there is someone that should be taking the blame.
Medical negligence solicitors can help you make a claim against GPs, hospitals and dentists, based on misdiagnosis, delayed diagnosis, errors during surgery or aftercare, as well as the administration of the wrong type or wrong strength of drug.

We have experience in the following types of Medical Negligence claims:

• Hospital negligence
• GP negligence
• Incorrect treatment
• Delayed diagnosis or misdiagnosis
• Medication errors
• Surgical errors
• Defective surgical implants or replacements
• Dental errors
• Poor aftercare, such as press sores or bedsores
• Care home claims
• Birth related errors
• Cosmetic surgery errors

Who can I claim against?

• A claim for medical negligence can be pursued against a number of healthcare providers including:
• An NHS Hospital
• Private healthcare providers
• GP
• Dentist
• Ambulance service
• Optician

If your treatment was provided by a GP, at a private hospital or a dentist you will sue the individual GP, doctor or dentist. If your treatment was provided by an NHS Hospital you will sue the NHS Trust. The clinician/Trust involved will usually have insurance to cover these claims and they will not have to pay out of their own pocket.

The process of filing a Medical Negligence claim:

1. Write a formal complaint directly to the practice where you were receiving your medical care from. You need to do this within 12 months of the point where you realised your treatment was substandard.
   Review the practice’s response, you may find that an explanation is all you needed to understand the treatment you were given. If not, this document is critical for the claim process as it will list dates and details that you may not remember clearly.
2. Choose a law firm that will take your case on a ‘No Win No Fee’ basis so you won’t have to pay anything upfront or if you don’t win your case. If the firm is confident you have a viable case, they should be willing to take the financial risk on your behalf.
3. Contact a law firm that specialises in Medical Negligence, not just personal injury. A good firm will have significant experience in assessing these types of cases so you don’t put yourself through the stress of an unnecessary case.
4. Prove that the care you received was substandard, this is difficult as it means that you have to prove that the majority of other practitioners would not have made the same decisions that led to the mistake. Remember not all mistakes could have been avoided.
5. Prove that the suffering that occurred was specifically related to the substandard care or treatment. This is not easy, as you have to show that your suffering is not from the injury or illness, but from the negligence of not being treated correctly.

How Can your Claim be Funded?

Claims for medical negligence are usually funded by way of a Conditional Fee Agreement (“No Win No Fee”) and After the Event (“ATE”) Insurance.

This allows you to make a claim with no financial risk to you with no upfront costs to pay (you will not have to pay a penny out of your own pocket).

• Other funding options are available including:
• Legal Expenses insurance
• Trade Union
• Legal Aid (Only in limited cases)

How long after the error can you make a Medical Negligence claim?

There are strict rules concerning pursuing a medical negligence claim. Generally, you have 3 years to make a claim.

This is known as the limitation date and is set out in the Limitation Act 1980. The Courts generally apply these rules rigidly and are very reluctant to allow a claim to be brought after the 3 years have passed.

The 3-year time limit runs from the date the negligence occurred or the date you became aware that the treatment you received was negligent (date of knowledge). Court proceedings must be started (by sending a claim form to the Court) within the limitation period or the claim will become time barred.

There are some exceptions:

• Children– If a person is under the age of 18 at the time of the medical negligence, they have 3 years from their 18th Birthday so a claim must be started before they turn 21. A claim can be pursued on behalf of a client before they reach 18.
• Mental Capacity– If a person lacks mental capacity i.e. they are unable to make their own decision. In this case, the time limit does not apply until they regain mental capacity. If a person never regains mental capacity the time limit does not apply.

It is better to make a claim as soon as possible, as the information will be fresh in your mind and those that may need to provide witness evidence

How long do Medical Negligence claims take before you receive a financial settlement?

Medical negligence claims are generally very complex claims.
It is difficult to predict how long it will take to conclude the claim because there are often uncertainties about how the Defendants will approach the case and factors which may be beyond our control. We do however make every effort to run our cases quickly and efficiently.
We will keep you updated regularly throughout the claim.

Can you claim on behalf of your child?

Yes. A claim can be pursued on behalf of a child by (usually) a parent/guardian (known as a Litigation Friend) up until the child is 18. Once the child turns 18, they will then be responsible for pursuing the claim and providing us with instructions.

Can you claim on behalf of someone who lacks capacity?

Yes.

Can we Visit you at Home?

Yes. We are able to do home visits if you are unable to get into the office to see us. We are also happy to visit you in a care home or the hospital.

If you claim against your GP or hospital will it affect the care you receive from them in the future?

No.

Most clients are concerned that making a claim against their GP/hospital will affect their care or their relationship with the doctor. They feel that it will be uncomfortable or awkward when they see the care provider. This is not the case. You need to remember that whoever gave you incorrect care is likely to feel remorse and will want to help you get the financial support you need to get your life back to normal. This is why medical professionals have medical negligence insurance, we are all human, and we all make mistakes, but the insurance is there to help put it right.

Do we provide assistance with inquests?

Yes. We can assist with an inquest. Please contact us to discuss this further.

How much is your Medical Negligence claim worth?

There is no simple answer to this as it depends on several factors and the case facts themselves. Each case is unique and the facts in each one are different.
The idea of awarding compensation is to put the injured person back in the same position they would have been in had the negligence not happened.
Valuing a clinical negligence claim is a complex task requiring medical expert evidence and guidance from the Judicial College Guidelines and previous case law in order to work out the value of your claim.

1. There are two different heads of damages that can be claimed on your behalf:
   General damages – This is awarded for the pain and suffering you have experienced. The more a person has suffered the more they will be awarded. This is where expert medical evidence is extremely important.
2. Special damages – this covers other out-of-pocket expenses such as loss of earnings, prescriptions charges, travel costs, care costs, medical costs, changes required to accommodation and also covers future losses.

Will you receive all of your financial compensation?

If your claim is pursued through a No Win No Fee agreement you will receive the majority of your compensation. You will have to pay a success fee and part of the ATE insurance premium.

Our friendly dedicated team are here to answer any questions you may have relating to making a claim. They work hard to get you maximum compensation on a NO WIN NO FEE basis. We are more than just medical negligence experts, we love helping local people get their lives and health back on track.
Our Medical Negligence Solicitor, Ian Corbett, has over 25 years of experience dealing with all types of personal injury claims and has a local reputation in medical negligence, unmatched by any other solicitors in the area. He has helped hundreds of people claim the compensation they deserve.

Enquire today on 01623 468 468 or use the enquiry form below to book your FREE 30-minute no-obligation consultation and see how we can help you.

LISTEN TO OUR RADIO PROGRAMME ABOUT WORKPLACE INJURIES & MEDICAL NEGLIGENCE