Welcome to The Medical Negligence Claims Experts.
We have years of experience working with those who have suffered at the hands of the medical industry. Whether you were a victim of clinical negligence, dental negligence, pharmacy negligence, or anything in-between, we can help with your claims for medical negligence and win you the vital compensation you deserve today.
No Win No Fee Agreement
If you have suffered from an illness or injury as a direct result of the negligence medical practitioners have shown you, then you have every right to put forward a medical negligence claim. In these difficult situations, the last thing that you should have to worry about when deciding whether or not to put forward your claim are concerns regarding the potential costs of seeking the support of a medical negligence solicitor.
As medical negligence claims experts, we believe that every person who has been affected by medical malpractice deserve the opportunity to be able to seek resolution from the medical industry. For this reason, we operate with a no win no fee agreement, meaning that you don’t personally need to pay us anything.
By working with a medical negligence solicitor who works on a No Win, No Fee basis, you won’t have to worry about paying any legal fees to your solicitor – unless you win the case. As medical negligence specialists, we operate under this agreement in order to enable everyone access to proper legal representation without having to worry about paying upfront costs.
Claims for medical negligence can involve a longer, more complex process than other forms of personal injury claims, and as a result, these cases can end up becoming expensive.
However, with a No Win, No Fee agreement, the legal costs are often covered by the defendant (the medical industry), and the success fee is paid as a percentage taken out of your compensation. This means that, if your solicitor doesn’t win your case after taking it on, then you don’t pay anything!
Every victim of malpractice should be able to receive the necessary support from a qualified solicitor to put forward a compensation claim without having to suffer further financial burden. With No Win No Fee* and proper After the Event (ATE) insurance, you can pursue your case without worrying about your financial situation. Instead, you can rest easy knowing a specialist medical negligence solicitor is working hard on your case.
What Is Medical Negligence?
Medical negligence is a broad term that encompasses a wide range of ways you can experience medical malpractice. While each individual’s experience of medical malpractice will vary, overall medical negligence occurs when a healthcare professional, regardless of whether they were working for the NHS or privately, has caused you personal harm due to a preventable issue.
There are a number of different reasons why you might make a medical negligence claim, such as carelessness in surgery that results in avoidable injury or abuse suffered at the hands of medical professionals in care homes. In a broader sense, the main branches of medical negligence usually involve:
If you have suffered an injury as a result of medical negligence, then this is sometimes referred to as a ‘medical accident.’ If you feel that you have suffered an injury that was caused directly by medical professionals failing to meet their duty of care to you, then you may be able to put forward a compensation claim for a medical accident.
Medical professionals do not always treat their patients with the care and attention they deserve. In these instances, if a patient’s condition worsens or faces avoidable complications as a direct result of medical negligence, then this may provide grounds for a compensation claim to be put forward. For example, medical negligence claims which involve preventable issues might include inaccurate or incomplete diagnoses, or failure to correctly treat an injury or disease.
Sometimes, misdiagnoses occur when test results are unclear, or when symptoms of an illness or injury present as multiple possibilities. In these instances, ambiguous test results can lead to misdiagnosis through no direct fault of the practice of medical staff. However, misdiagnosis as a direct result of human error is more common than many people realise, and avoidable incorrect interpretation of test results is absolutely grounds for a medical negligence claim. For example, if a medical professional has not followed the accepted diagnostic practice in order to assess a patient’s symptoms, and their actions result in further harm to a patient, then this would provide grounds for a claim for diagnostic error compensation.
Medical malpractice is a broad term that encompasses a wide range of reasons why you might make a medical negligence claim. In a general sense, medical malpractice refers to any situation within which a medical professional or institution has failed in the legal duties owed to their patients.
Making a medical negligence claim means that you have reason to believe that your doctor behaved negligently, either by not taking you seriously, misdiagnosing you and in extreme situations giving you the wrong surgery. Medical negligence claims are very complex, however, because there is a fine line between negligence and an unhappy outcome, which is why you will want to get in touch with us so that we can analyse your case.
Benefits of No Win, No Fee claims
We work with a nationwide network of experienced medical negligence solicitors. This means we can find the right law firm to suit your individual needs. We operate a service that prides itself on delivering the best customer care possible, and always aim to deliver an excellent outcome for our clients.
With the development of No Win, No Fee agreements, everyone can access professional legal advice, regardless of their personal financial situation. Before the introduction of these agreements, the financial risks of pursuing a medical negligence claim were often too daunting for patients looking to seek compensation, due to the expenses associated with these complex cases. Thankfully, by working with a No Win, No Fee medical negligence solicitor, any financial risk is passed to them, as they won’t be paid unless your claim is successful.
With a No Win, No Fee agreement, the legal advice that you access will be provided free of charge, and you will also be covered for any work undertaken on your case. In addition to the No Win, No Fee agreement helping to omit any fears regarding the upfront costs of medical negligence claims, you can also benefit from the peace of mind of knowing that your solicitors are 100% dedicated to obtaining a successful outcome for your case. As the financial risks of a medical negligence claim now lie with the solicitor, if they agree to support your case, you can be assured that they believe there is a high probability that your case will succeed.
With a Conditional Fee Agreement (CFA), you won’t have to pay your solicitor anything if you don’t win your case, providing even more incentive for your solicitor to provide a satisfactory outcome. After all, only in the event that you do win your case will your solicitor be entitled to receive payment. Even then, these fees don’t need to be a cause for concern, as they are limited to costs for representation and a final success fee. Your solicitor will talk you through any information that you need to know so that you don’t have to worry about any hidden costs once your case is closed.
On top of not facing any upfront costs, one of the biggest benefits of a No Win, No Fee agreement is that you won’t be left with a huge bill to pay at the end of your case. Instead, the success fee that your solicitor receives will be paid as an agreed percentage of your awarded compensation. The final percentage of the success fee paid to a medical negligence solicitor will be decided between you and your solicitor at the start of your claim, but you won’t have to pay any more than 25% of your total compensation at most.
Legal costs for representation will often vary depending on which firm you use, but if you win your case, it is the defendant who should cover your legal costs. In order to alleviate any apprehension that you might have regarding further potential costs, most solicitors will also recommend that you take out ‘After The Event’ (ATE) insurance. This will cover the defendant’s costs should you lose the case, as well as potentially covering any disbursements involved in a medical negligence claim. Between the No Win, No Fee agreement and the additional peace of mind of having ATE insurance, any concerns regarding financial obstacles that may have once stood in the way of you making a medical negligence claim can be put to one side.
At the Medical Negligence Experts, we know that claiming medical negligence compensation will not undo the malpractice that you have been put through by the medical industry. However, with the help of our team of professionals, we aim to assist you in seeking the financial freedom that you are entitled to, in order to help you continue moving forward.
Frequently Asked Medical Negligence Questions
Am I eligible for medical negligence?
If you have been harmed or your health put at risk, and the incident in question occurred less than three years ago, then you could have a medical negligence case on your hands. Each case is unique, however, so speak to one of our expert advisors for free today for more information.
How much could I claim?
Every case is different and therefore the compensation is different. How much you get will depend on the severity of the case, pain and suffering, lost earnings then and in the future, and so much more. We will be able to tell you more once you get in touch with one of our expert advisors.
How does the process work?
Our goal is to make the process as transparent as possible, so that you know every step we are taking and can rest easy knowing your claim is being handled by the best. Each case, for example, goes through a period where your solicitor will gather evidence, notify the negligent party of the claim proceedings, negotiate on your behalf, and further into court if necessary.
We will be there supporting you every step of the way.
The UK Clinical Compensation Process
The UK has a very low medical negligence rate, but that does not mean an avoidable mistake cannot occur. The issue when claiming medical negligence is that you need to prove that the healthcare professional did something, or failed to do something, that was unprofessional. If other competent doctors and clinicians would have taken a different route, then you may have a claim for compensation and should seek out legal advice for more information.
What are the common types of medical negligence?
Every case is unique, though the type of medical negligence you face will determine your case and compensation.
- GP negligence occurs when a GP fails to listen to your complaints, does not investigate your symptoms thoroughly despite your wishes, or fails to act accordingly after test results are determined.
- Surgical negligence occurs when the surgery goes wrong due to obvious error. Extreme examples include medical instruments being sewn up into the body or patients undergoing the wrong surgery.
- Dental negligence occurs when your dentist fails in their job that leads to avoidable tooth loss or in the worsening of dental symptoms.
- Misdiagnosis claims occur when a clinician fails in identifying your medical condition. You will need to prove negligence, for example, if they failed to test you or failed to listen to your symptoms.
- Hospital negligence occurs when you suffer during your hospital stay. Being dehydrated, malnourished, suffering from bed sores or even contracting infections are examples.
- Pharmaceutical and prescription errors occur when you are wrongly prescribed medicine or the pharmacist (or doctor) enter in the wrong dosage.
- Birth injuries can occur to both the mother and the baby, due to poor prenatal or postnatal care, or negligence experienced during a birth. A difficult birth, for example, could lead you to make a successful cerebral palsy claim against your healthcare professional.
- Negligent cosmetic procedures occur when cosmetic procedures are done poorly to the extreme detriment of the patient.
- Lack of consent claims occurs when administrators do not adequately explain the risks and available alternatives to procedures.
- Accident and emergency negligence occur after you were admitted to the hospital for emergency care. The negligence in this instance occurs if the healthcare professionals did not check your medical history or run tests before deciding on a course of action, and this leads to an avoidable complication.
- Investigation errors occur when healthcare professionals fail to take tests, read, or follow up on testing designed for diagnoses.
Clinical negligence can occur in all areas of healthcare and can be done by all types of healthcare professionals, from doctors to nurses, to dieticians and even psychologists. Claiming medical negligence, however, means you need to prove both negligence and causation, which is why we are here to help.
How do You Prove Medical Negligence?
Medical negligence can be difficult to prove, because it is up to you (the defendant) and your solicitor to prove beyond reasonable doubt that, not only did the doctor do something wrong, but that your injuries were caused directly by this negligence rather than being a symptom of your medical conditions.
Similarly, if other medical professionals in their field would have followed the same steps your doctor had, then there is no negligence and rather poor circumstances.
Some areas of medical negligence are easier to prove. Making a hospital negligence claim is fairly straightforward because there are certain levels of care you can expect when staying in the hospital, and if your basic needs are not met then you have a solid case.
By getting in touch with our team, we can give you legal advice on whether or not your medical care was negligent, and if it was what steps you should take next. We can help you make a variety of claims, including birth injury claims, cerebral palsy claims, and even cancer negligence claims.
What Steps Will a Medical Negligence Solicitor Take?
Each case is unique, and the process can be quite complex. When we transfer you to a specialist medical negligence solicitor and they agree to proceed with your claim, it is because they are confident in your claim and will work hard to put together a solid case that will see you win. The first step to putting this solid case together is to compile evidence, which can include:
- Medical records
- Test results, such as X-rays, lab reports and scans
- Witness statements
- Medical codes of practice
- Expert medical opinions
- Guidelines and recommendations from independent bodies such as The National Institute for Health and Care Excellence (NICE.)
Once this evidence is collected, your case will be built and then brought to the defendant and, in the rare case a compensation agreement for your injury or illness cannot be reached, to court.
What is the Time Limit for Making a Medical Negligence Claim in the UK?
There is a three-year time limit for you to make your medical negligence claim in the UK. Exceptions to this rule include:
- You were a child under the age of 18. You will then have until you are 21 to make your claim.
- You only realised the severity of the negligent incident after the fact. For example, when you started to heal. You will have three years to make your claim from this “date of knowledge”.
How Much Compensation Can I Claim?
The amount of compensation that you can claim will depend on two factors, general damages and special damages.
General Damages refers to how the injury in question has impacted your life. Not being able to enjoy hobbies you once loved, for example, is a case under General Damages. How much you can receive in compensation will be calculated by guidelines issued by the Judicial College.
Special Damages help you cover financial losses you have either incurred already or will in the future (for example, if you can no longer work due to your injury). Special Damages cover loss in wages, medical expenses, travel expenses, the cost of medical aids or private care, and more.
How Long Do Medical Negligence Claims Take?
Medical Negligence claims are typically settled between 12 to 18 months after you first bring the case to us. This is a general guideline, however. More complicated cases can take longer and more straightforward cases can be settled quickly.
The length this process takes will also depend on whether or not the issue can be settled out of court. It is important to fight for your compensation, as accepting the settlement means you agree the issue is settled. It can, therefore, be useful to wait to determine the full extent on how the injury will affect your life.
Starting Your Medical Negligence Claim
If you have been injured or wrongfully cared for by either the NHS or a private healthcare clinic, then get in touch with our expert medical negligence solicitors. We here at The Medical Negligence Experts are trained, expert solicitors with a proven track record at winning our clients the compensation that they deserve for any medical injury they have suffered. So regardless of whether you are looking to for dental negligence compensation, or want to make a Medical Malpractice Claim, or anything in-between, we are the best team of experts to turn to.
Call us today for a free, no-obligation consultation, or fill out of contact form, and we will be happy to help you with your case or just answer any questions you have. If we believe you have a strong case, we will fight for your full compensation on a No Win No Fee basis.