Medical Negligence Solicitors in Birmingham
Whether you’re visiting your dentist for your regular check up or undergoing a serious operation, your practitioner has a duty of care to protect your wellbeing. They should not do anything which could reasonably be expected to injure you or damage your health, yet for thousands of unfortunate people that is precisely what happens. If you believe your injury could have been avoided, our medical negligence solicitors in Birmingham can help you claim maximum compensation.
Medical negligence can happen in any healthcare sector, in both private practices and those run by the NHS. Elective and cosmetic surgeries are not exempt – just because you opted to undergo a particular treatment does not mean the duty of care is any less than if you have been rushed into hospital.
Compensation is not about punishing the person you believe to be responsible, nor is it about asking for money for the sake of it. Rather, it is the acknowledgement of your injury and receiving a payment that enables you to access the medical care and support which will help you recover as quickly and completely as possible, and making sure you condition out of pocket as the result of your negligent care.
Medical Negligence Claims
To make a successful claim for compensation you need to demonstrate that your care was substandard and that your injury or illness would not have occurred without it. For example, in a cancer misdiagnosis you need to show that your doctor was remiss in the nature or interpretation of tests and therefore that the care you received was below what is acceptable. In addition to proving human error or negligence, your claim also needs to show that your injury was the direct result of this and that your condition did not result from natural or unavoidable causes. That is, that your cancer was not made worse by an incorrect or delayed diagnosis.
The Bolam Test is the acceptable legal standard by which medical negligence is measured. It determines that a practitioner is not negligent if they acted in a way which most others would have done in the same situation. Clinical negligence can also include failing to inform a patient of risks and potential outcomes involved with a treatment, and the failure to advise the patient of and consider alternatives to avoid these risks. With so much at stake, it is certainly in your interest to work with skilled medical negligence lawyers in Birmingham who have experience with your type of claim.
Even when successful, a medical negligence claim will not necessarily lead to an apology or a change in procedure, but your claim will stand as evidence if needed by other injured parties in future. Every claim has the potential to protect someone from your experience.
Examples of medical negligence claims
The Medical Negligence Experts can help with any medical negligence claim. The list of examples is vast, so we work with lawyers who specialise in specific areas of medical negligence. Working with a specialist will help ensure the best possible outcome for you.
Types of medical negligence claims include:
Pregnancy and Birth Injury Claims
Mothers and babies can be harmed as the result of sub-standard antenatal care, or if they are not correctly monitored and supported during and after delivery. Birth injury claims can apply to naturally occurring conditions which are not identified and managed, including pre-eclampsia. Pregnancy and birth claims can also include Erb’s palsy, which frequently occurs from a baby’s shoulder being stuck in the birth canal.
You have the right to trust that when you present yourself to a GP or specialist with concerning symptoms, that these will be thoroughly investigated. What can occasionally happen is that, instead of finding an illness to fit the symptoms, medical professionals try to fit the symptom to an illness, leading to misdiagnosis and potentially fatal results. Medical misdiagnosis claims can occur when tests are not performed accurately; results are misinterpreted, or an appropriate referral is not made.
Dental Negligence Claims
Dental negligence can occur in both NHS and private practices, including in cosmetic dentistry. The Medical Negligence Experts have specialist claims lawyers experienced in obtaining compensation for nerve injury, incorrect or unnecessary tooth removal, and anesthetic failures.
Cosmetic Surgery Claims
The field of cosmetic surgery is not as tightly regulated as other specialist medical areas, leaving patients potentially vulnerable to injury resulting from poorly delivered treatments and post-surgical care. Cosmetic surgery negligence claims may also apply to treatments received overseas so talk to The Medical Negligence Experts to find out if you may be entitled to make a claim.
Care Home Negligence Claims
Unfortunately not all care homes treat their residents with the respect and consideration they deserve, and fall short in the standard of care they should be providing. Negligence in care homes can result in pressure sores, injuries from falls while walking unaided, fractures from falls while being moved, and mistakes in dispensing medication.
GP Negligence Claims
Part of your GP’s role is to know when they can treat a patient and when they need to refer them for specialist assessment or treatment. Sometimes an error at an initial GP appointment can lead to severe and lasting damage. Compensation for GP negligence has been paid for claims relating to failure to diagnose conditions, failure to make an appropriate referral, and errors prescribing medication.
Surgery Error Claims
No surgery is without risk but when that risk is not adequately managed, or mistakes are made by surgical or nursing staff, the results can be fatal. If you have been injured as the result of surgical complications, poor post-operative care, or anaesthetic mistakes you may be able to claim compensation for damages.
Medical Device Defect Claims
Defective medical device claims can relate to items such as knee or hip replacements, birth control implants, and defibrillators – items which can have life altering effects should they be faulty or used incorrectly. Compensation can help victims access the rehabilitative support they need to deal with any temporary or lasting condition resulting from defective medical devices.
Prescription Error Claims
Mistakes with medication can either be made when the prescription is written or when it is being dispensed. Examples can include not only being prescribed the wrong dosage or type of medication, but also not checking to see what other medication a patient may be taking to ensure there is no adverse effects of taking them together. Pharmacists can dispense the wrong medication, wrongly label it, or store it incorrectly so that it becomes ineffective or dangerous to use.
Hospital Acquired Infection Claims
Hospitals are breeding grounds for germs and bacteria which is why it is so vital effective cleaning and disinfecting routines are in place and are followed. Two of the most easily acquired hospital infections are MRSA and Clostridium difficile, or C.Diff. In a healthy person these bacteria may be nothing more than an irritant, but when they affect a patient whose immune system is already weak, they can cause significant illness and hamper their recovery from their initial condition.
There are occasions when a patient contracts a infection despite the hospital taking all reasonable precautions, but where illness can be linked directly to poor hygiene practices a patient may have just cause to claim compensation.
Wrongful Birth Claims
Pregnancy is not a condition every woman happily embraces. If you have taken steps to prevent pregnancy with tubal ligature or a vasectomy, or through contraception, then you may be entitled to claim compensation whether or not you proceed with the pregnancy. Compensation for wrongful birth can be made in recognition for having to give birth. However it is only possible to claim for the cost of raising the child if they are born with a disability.
Claiming Compensation for Medical Negligence
The first step in making a successful compensation claim for medical negligence is to speak to a legal advisor at The Medical Negligence Experts. There is no cost or obligation but it will give you the information you need to make an informed choice about whether you can make a claim and how to do so.
Claiming compensation requires you (and your specialist medical negligence solicitor) to prove that your care was of a lower than acceptable standard, and that you were harmed as a result. Your care provider will argue that your existing condition led to your injury so it is vital that you work with a legal expert who has experience in finding relevant evidence to prove your claim is valid.
The Medical Negligence Experts will talk to you about the circumstances surrounding your injury or illness so they can fully appreciate the impact it has had on your life, and to determine how much compensation will be a fair and appropriate amount to cover your needs now and in the future.
Once they have verified that you have just cause to make a claim and you have agreed that you are happy to proceed, your legal team will begin to obtain the relevant documentation to prove your case. This can include medical notes, test results and X-rays, and may also include statements from you and your health professionals. It is possible your personal injury lawyer will ask for a separate medical assessment and report to add weight to your claim, providing an independent opinion about the quality of care you received.
Some clients are hesitant to begin a claim due to the concern they may have to go to court. While this is a possibility, it is slim – more than 98% of all NHS medical negligence claims are resolved out of court, and that will certainly be our aim. If the other party refuses to acknowledge liability or agree to a fair and reasonable payment then it may be necessary to present your case in court. Rest assured that your team at The Medical Negligence Experts will be with you the entire time, providing professional advice and support for as long as you need it.
Medical negligence claim processing times are hugely dependent on the nature of your injury and how soon you seek legal advice. As a general rule, the more complicated your injury, the longer your claim is likely to take. An unnecessary tooth extraction could be resolved in nine months, while a error during birth which causes cerebral palsy could take three or more years to finalise.
If the other party acknowledges responsibility and you need for private treatment or rehabilitative therapy, then it may be possible for us to obtain an interim compensation payment to cover these expenses. There is no reason you should be financially penalised or unable to access appropriate treatment due to their negligence.
You only have a limited amount of time to claim compensation for medical negligence and, as obtaining the necessary evidence can be difficult – particularly in cases of brain injury where the prognosis may be unclear – you will give you claim the best chance of succeeding by starting as soon as possible.
The limitation period for bringing a medical negligence claim is three years from the date the incident occurred, or three years from the date your injury or illness was linked to the negligence. This date of knowledge is not always clear so legal advice is to work from the time of negligence where possible.
The cost of excellent legal representation should not be a barrier for anyone who has been harmed due to a mistake or negligence. To remove the financial risk of making a claim with no guarantee of receiving compensation and make quality legal support affordable, The Medical Negligence Experts offer a No Win No Fee* agreement. You may also be entitled to Legal Aid (now called Legal Services Commission funding) to assist with the cost of claiming compensation for medical negligence, so talk to your lawyer about the options available to you.
Call The Medical Negligence Experts now to find out how we can help you claim maximum compensation, or fill in our online form and we will call you back.
*conditions may apply
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.