Medical Negligence Solicitors in Durham
If you have been failed by a medical professional who had a duty of care towards you, talk to The Medical Negligence Experts. Our medical negligence solicitors in Durham specialise in helping clients just like you get the compensation they deserve.
Medical negligence is worse because it happens at a time when you’re already vulnerable. It’s hugely challenging to recover from an injury when you’re worried about the extra time you have to take off work because of it, or languish on lengthy NHS queues because the cost of private rehabilitative treatment is out of reach. Compensation can help ensure that not only do you have the public recognition that you have been treated unfairly, but also that you don’t suffer financially because of someone else’s mistake.
You can start your claim today by arranging a free, no obligation consultation with one of our expert legal team. They will ask about your injury and the circumstances which led to it, and let you know whether you may be able to request payment of damages from the person or organisation you believe is responsible.
Use our free phone number to call, or fill in our online contact form and we will get in touch with you.
Claiming Compensation for Medical Negligence in Durham
Successfully claiming compensation for medical negligence requires specialist knowledge of this complex area of law. Proving negligence is not easy, which is why it is important to work with a solicitor who has experience of handling claims relating to medical negligence rather than hiring a straightforward personal injury lawyer.
To have grounds to claim compensation you need to show that you were injured directly as the result of another person’s mistake. This is done by comparing the standard of care you received with that provided by other practitioners. Your doctor’s actions will be scrutinised to see if one of their peers would have done the same in that situation, or if they fell short of what is considered normal in that branch of medicine.
Claiming compensation is different to making a formal complaint. Using the NHS as an example, here is the difference between complaints and compensation claims.
Raising a complaint:
- Should ideally be done within in six months of the event, but no later than a year.
- Will trigger an investigation into the actions around your injury, looking for the cause and providing an explanation to give clarity to the event.
- Should provide a full response within three months of submission.
- Can be escalated by requesting in independent review if you are not satisfied with the findings of the initial complaint. This review may take some time and your request may not be granted.
- Does not require a lawyer, although it can help to have a legal advocate helping with your request.
- Does not pay compensation.
Starting a compensation claim:
- Should be done as early as possible. In most instances, there is a three-year time limit from the date of your injury to submit your claim to court, and a significant amount of investigation and negotiation needs to be done before that point.
- Will not provide you with an explanation, apology, or assurance that things will be changed to prevent another innocent patient being injured in the same way.
- Will give you the financial resources you need to access the best support and care so you can recover from your injury.
It is possible to raise both a complaint and a request for compensation. Some clients we work with contact us after the findings of their complaint show negligence, while others choose to do both because they want the emotional closure that comes from receiving detailed acknowledgement of the way they were failed, and that their perception of unfair treatment was not all in their head.
The Medical Negligence Experts can use our extensive experience of handling claims and submitting complaints to help you get the result you need to move forward from your injury. While you don’t need a lawyer to submit a claim (the Patient Advisory Liaison Service, or PALS, is a free service provided through most hospitals), having expert legal advice and support to prepare and submit your complaint, and to understand your options afterwards, can be beneficial.
Common Types of Medical Negligence Claims in Durham
Medical negligence claims comes in all forms. Some of the more common types of claims we handle involve:
Surgical Negligence. Examples of surgical negligence claims include those for failing to inform the patient of associated risks and alternatives and to obtain informed consent. Surgical negligence can also include when a surgeon operates on the wrong part of the body or leaves foreign objects or equipment inside their patient, anaesthetic negligence, puncturing or damaging organs, and poor post surgical care.
Incorrect Diagnosis. Medical misdiagnosis or delayed diagnosis can have a significant impact on the type of treatment you need and your long term prognosis. Imagine a patient who sees their GP with worrying symptoms. Their GP refers them to a specialist but due to an internal error, the appointment is not made. Three months later the patient follows up and given an appointment for 12 weeks in the future. In the six months between first seeing their GP and seeing their specialist, the condition has worsened and, when eventually it is diagnosed, requires a more aggressive form of treatment than it would have done had the patient been seen earlier.
Pregnancy and Birth Injuries. Both babies and their mothers can be at risk of injury through poor antenatal and postnatal care. You may be entitled to claim compensation if a condition like preeclampsia is not diagnosed and adequately treated, or if your baby suffers neurological injury during pregnancy or birth caused by medical negligence. We also focus on still birth negligence.
GP Negligence. GPs need to have a high-level understanding of a broad range of illnesses, and need to know when to refer a patient for a specialist for further assessment. They are often under a great deal of pressure to see and diagnose patients in an appointment which may only last five or ten minutes. Even the the best GP can crack under these sort of conditions but that is no reason for you to suffer an unnecessary injury. GP negligence can also include mistakes made by the practice such as losing test results or failing to follow up with referrals.
Nursing Negligence. Failing to carry out necessary tasks like monitoring for infection or administering medication may cause injury and provide grounds to claim compensation for nursing negligence. In other instances, a nurse may perform the task but do so in a way which harms their patient such as giving them an incorrect dose of medicine or not moving them correctly between a chair and their bed and causing a fracture.
These are just a few examples of the claims our medical negligence lawyers in Durham handle on a daily basis. Our goal is to prevent you from suffering further physical or financial damage by getting you the compensation necessary to access the support and treatment you require to recover.
No Win No Fee* Compensation Claims in Durham
The majority of claims we handle are done on a No Win No Fee* basis. Doing so makes it affordable for clients to have expert legal representation and advice even if they don’t have an existing insurance policy or access to the sort of money it takes to hire a lawyer privately.
No Win No Fee* contracts are also called Conditional Fee Agreements. Your lawyer will assess your case in detail before letting know you know whether or not it has a strong chance of success. If so, they will offer to work on a No Win No Fee* basis which means that:
You do not have to pay any solicitor fees up front, though you may have some expenses like paying for an independent medical assessment and report.
If your request for compensation is successful, all your costs associated with your claim – including the cost of court fees and medical reports – will be claimed back from the losing party.
If your compensation claim is unsuccessful then your solicitor will waive their fees and you can claim any expenses – including the cost of the other party’s fees if you are required to pay them – from an insurance policy.
Some clients have existing cover for legal expenses as part of their motor vehicle or home insurance. We can help you identify your funding options before you decide to proceed with a claim, and advise on an After the Event insurance policy if you do not have one.
You will agree a “success fee” at the start of your claim. You will pay this amount, which can legally be no more than 25% of your total compensation payment, on completion of your claim.
No Win No Fee* claims take away the financial risk associated with making a claim when there is no guarantee of a positive outcome for you. Clients appreciate that, not only does it make claiming compensation affordable, there is the additional reassurance that your solicitor will be working their hardest to obtain maximum compensation because their payment depends on it.
Claiming Compensation for Another Person
It is not uncommon for The Medical Negligence Experts to represent clients acting on behalf of the injured party. These people are called litigation friends and can be family members, friends, or even accountants or lawyers. Whether we are representing a victim or a litigation friend, the claims process is virtually identical. The only difference is that, where claims raised directly by victims rarely go to court, those started by litigation friends always need a judge to approve the payment and review the way the funds will be managed for the victim.
Medical Negligence Claims FAQ
To help make starting a claim easier for you, we have provided the answers to a few of the most frequently asked questions we receive from clients who are considering their options.
Can I make a claim?
If you can show that you have suffered negligent care that has caused an injury, and it has happened in the last three years, you may be entitled to claim compensation for medical negligence.
How much compensation will I receive?
Your lawyer will be able to give you a good idea of a reasonable amount of compensation once they know more about the nature of your injury, whether negligence is solely or partially to blame, and the effect it has had on your life.
Your payment will be in two parts. The first is for general damages, which is recompense for the pain and suffering caused by your injury; while the special damages part ensures you are not financially penalised by having expenses you would not have incurred had your care not been negligent.
How long will my claim take?
As a general rule, the faster your recovery and the earlier you seek legal advice, the sooner your claim will be finalised. A typical claim usually takes between 12 and 18 months to settle. Claims where the other party disputes liability or you can’t agree on a fair amount of compensation can take longer, while claims involving life-altering injuries can take several years. As long as the other party admits responsibility, we can ask for an interim compensation payment to address your financial needs in the short term.
Experts recommend to talk to a solicitor as soon as you suspect your injury may have been caused by negligence, even if you are still recovering. Early intervention does not only make it easier to obtain evidence to prove your case, it can help you get the treatment you need to assist in your recovery.
The easiest way to find out what your options are is to contact The Medical Negligence Experts today. Use our free phone number or fill in our online form and we will arrange a free, no obligation session with a legal expert who can answer your questions and give you information that will help you make the right choice for you and your family.
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 in Durham working for you
We specialise in helping victims of medical negligence claim the compensation in Durham 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.