Medical Negligence Solicitors in Bath
When you are injured because a trusted medical professional failed to deliver the standard of care you deserve, The Medical Negligence Experts can help. Our team of medical negligence solicitors in Bath have the skill, knowledge and experience necessary to make sure you receive maximum compensation for your injury.
It does not matter if your treatment was life-saving or elective, or whether you sought care from an NHS or private practitioner – if you were harmed because someone else made a mistake, talk to us. We can provide you with free, no obligation legal advice that will help you understand your rights and options and therefore make the best decision for your future and that of your family.
Our medical negligence solicitors in Bath can help with any medical negligence claim including cancer misdiagnosis, NHS negligence, and birth injuries. We understand that, at the centre of every claim, is a person who has suffered unfairly. Our role is to help you obtain recompense and ensure you have the resources you need to move forward with your life. It is bad enough that you have suffered physical injury through no fault of your own – why should you suffer financially as well?
No Win No Fee* Medical Negligence Claims
We appreciate that not everyone has immediate access to the level of finance to hire a lawyer privately and, since legal aid only applies to a small number of birth injury claims, that means that expert legal representation is out of reach of most people’s budgets. We believe everyone should have access to the support and guidance of a lawyer experienced in successfully claiming compensation for medical negligence, so the majority of claims we handle are done under a no win no fee* agreement.
No win, no fee agreements, also called conditional fee agreements, work in the following way:
As your lawyer is carrying the financial risk for your claim, they will assess it in detail to determine whether it has a good (typically at least 60%) chance of succeeding. Proving negligence is not easy, and they will not recommend you start a claim unless they are confident of a positive outcome.
You may already have legal insurance under existing health or home insurance policy but, if not, your solicitor can give you information about After the Event insurance policies which will protect you if you claim is not successful and you have to pay your opponent’s legal fees.
If you win your claim, your opponent will pay not only the agreed amount of compensation, but they will also pay your lawyer’s fees as well as any incidental costs like independent medical reports and court fees.
You do not have to pay your lawyer’s fees whether you win or lose. If your claim is successful, then you will pay them a success fee. This amount is discussed at the start of your application and can be no more than 25% of your total compensation payment.
Win or lose, a no win no fee* agreement takes the financial risk away from seeking compensation for your injury.
You can find out more in our Guide to No Win No Fee Medical Negligence Compensation Claims.
Types of Medical Negligence Claims
Medical negligence can affect any patient regardless of the nature of their treatment, whether they are receiving care under the NHS or having treatment privately, and even if they suffer medical negligence while being treated abroad. Our medical negligence lawyers in Bath can handle all types of compensation claims for medical negligence so contact them today if you believe your injury could have been avoided.
Common types of claims we handle include, but are not limited to:
- Accident and Emergency negligence claims in Bath. Patients present to A&E when they are in need of urgent care. They expect to receive assessment and treatment that will allow them to recover, or at least be referred to the appropriate specialist. Unfortunately, the standard of care is not always acceptable. Patients can be harmed through rushed examination and misdiagnosis, having their condition deteriorate to a dangerously low point from having to wait an excessive amount of time, being prescribed or given the wrong medication, and even improper record keeping which causes problems later in the treatment.
- Cosmetic surgery negligence claims in Bath. You can still seek compensation if you have experienced negligent care from elective surgery like a breast augmentation or chemical skin peel. Your surgeon has a duty of care to ensure you are aware of the potential risks and outcomes associated with your treatment and make sure you are a good candidate for the process. Stricter regulation of the cosmetic surgery industry is making it safer for patients, however medical errors, faulty parts and even things like poor-post surgical care which leads to an infection are all ways negligence can cause injury.
- Hospital negligence claims in Bath. Hospital is a place you go to feel better. Unfortunately for some patients, negligence can make the opposite true, with negligence leaving them in a worse state than when they were admitted. The Medical Negligence Experts can assist if you have suffered from a hospital-acquired infection that can be linked to poor hygiene practices, if you developed an infection from pressure sores, if you received the wrong medication or were not given the medicine you needed, if you were hurt while being moved, or if your surgeon made a mistake while operating on you.
- Pregnancy and Birth negligence claims in Bath. If you or your baby has suffered injury or illness through negligence like inadequate antenatal monitoring or intervention during a difficult birth, talk to our medical negligence lawyers in Bath. We have successfully represented women who have suffered lasting injuries due to poorly done episiotomies, and parents of babies who are claiming compensation on behalf of their child for injuries sustained during childbirth.
All compensation claims are unique. Even if we are representing separate clients with the same type of injury we know that the circumstances of their negligence and the impact their injury has had on their lives can vary drastically. Every client has an individual set of needs, so we do our best to tailor our support to fit you rather than expecting you to fit in with any generic set of processes. One size does not fit all, particularly concerning compensation claims.
Medical Negligence Compensation Claims FAQ
We are happy to provide you with a free, no obligation consultation when you contact us. This is your chance to get the type of expert legal advice that will help you decide whether you eligible to make a claim and the impact that doing so will have on your life.
Below, we have outlined some of the most frequently asked questions we receive from prospective clients. If your question is not answered here, or if you want more detailed information, please phone or fill in our online contact form and one of our advisors will call at a time that suits you.
Can I make a claim for medical negligence in Bath?
Not every injury sustained in a hospital or from your medical professional will be due to negligence. Every treatment has some degree of risk. Negligence occurs when that risk is not managed, and you are hurt. If you can answer “yes” to any of these questions, you may be entitled to raise a compensation claim.
Did your care provider fail to give you an acceptable standard of care?
Were you directly injured or did your condition worsen as a result?
Not all negligent care will cause injury. Your doctor may not have requested the necessary test that would have diagnosed your condition sooner, but if that delay did not cause you harm then you have no grounds to claim compensation. Likewise, if you fell victim to a post-surgery infection but all reasonable steps were taken to prevent this, then you can’t claim it was due to negligence.
For a compensation claim to be considered there must be both causation and damages.
How can I prove negligence?
Proving that negligence was the cause of your injury can be time consuming and difficult, which is why claims are best handled by solicitors who specialise in medical negligence. Your lawyer will build a strong case with the use of your medical records, independent medical assessments and witness statements.
Depending on the nature of your claim, your lawyer may look at things like how often a diagnostic machine was serviced and whether it was operated correctly. They will compare the standard of care you received with that provided in comparable facilities or by professionals with similar experience and training, to show that you received care lower than what is considered acceptable in that branch of medicine. In short, they will go through every step of your care to identify and show where it was negligent.
How much compensation will I receive?
Understandably, clients want to know how much compensation they may be entitled to before deciding to commit to a process that can last 18 months to two years, or longer in the case of significant and life-altering injuries. There is no generic amount awarded.
Compensation is calculated in two parts: general damages and special damages.
General damages: this portion of your payment accounts for physical pain and suffering. There are guidelines set out by the Judicial College that are based on the nature of an injury and the person it affects. For example, a woman in her twenties left infertile through negligent gynaecological care could expect a higher payment than a woman in her fifties suffering the same condition.
Special damages: this part of your payment ensures you are not left out of pocket due to your injury. It covers expenses like prescription costs and additional nursing care, private physiotherapy treatment or lost income because you have needed time to recover from your injury. It can also include loss of future earnings if you are no longer able to work in the same role as before or if you are forced into early retirement due to your injury, as well as any income your partner may have lost through having to take time off work to become your carer.
How long will my claim take?
The average medical negligence compensation claim takes between 18 months to two years. This time can be longer if the other party denies liability, refuses to pay what we know to be a fair and reasonable amount of compensation, or if the long-term implications of an injury are unclear. Cerebral palsy negligence claims, for example, can often take several years as the long-term needs of the victim need to be assessed, and that is not a straightforward process.
Will I have to go to court?
For many people, claiming compensation will be the first time they have ever needed a solicitor to do anything other than drawing up a will or handling their house purchase. Litigation is something very new, and the prospect of having to go to court can be daunting. The majority of all medical negligence claims – over 98% in the case of applications made against the NHS – reach a resolution without having to go to court. That result will certainly be our aim for your claim as well.
If the other party denies responsibility even though we are confident we can prove it, or you can’t agree on a fair amount of compensation, we may recommend you submit your claim to the Court or a judge to review the case and make a decision. It can take 12-18 months to have a court date assigned, and we will continue to negotiate on your behalf up until you walk into the courtroom.
Compensation claims are typically heard in a court without a jury. Both parties present their evidence to the judge who will review it, as well as look at the efforts each party has made to resolve the claim out of court, and their decision will be final. Your Bath solicitor will be with you every step of the way, supporting you, advising you and representing your legal rights to ensure the most positive outcome.
Talk to The Medical Negligence Experts today. The easiest way to find out more is to call using our freephone number, or to request an advisor contact you by filling in our online contact form.
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.