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 compensation today.
No Win No Fee Agreement
We operate with a no win no fee agreement, meaning that you don’t personally need to pay us anything. The legal costs are often covered by the defendant (the medical industry) and the success fee is a percentage taken out of your compensation. If we don’t win your case for you after taking it on, then you don’t pay anything! With No Win No Fee* and proper After the Event (ATE) insurance you can pursue your case without worrying about your financial situation, and instead rest easy knowing we are working hard on your case we believe will win.
What Is Medical Negligence?
Medical negligence occurs when a healthcare professional, regardless of whether they were working for the NHS or privately, have caused you personal harm due to a preventable issue. The main branches of medical negligence involve:
- Medical Accidents
- Preventable Issues
- Medical Malpractice
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.
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 birth. A difficult birth, for example, could lead you to making 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 occur 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 for medical negligence, to prove beyond a 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 own 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 take your case on, however, it is because we 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 claim for your injury or illness cannot be reached there, 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 realized the severity of the negligent incident after the fact. For example, when you started to heal. You will have 3 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 UK 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 claim 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.