Medical Negligence Solicitors in Salisbury
Our medical negligence solicitors in Salisbury are industry leaders when it comes to successfully getting the compensation our clients deserve.
Compensation can’t reverse the damage done to you, but it can give you access to the best possible rehabilitative support to make your recovery easier. At The Medical Negligence Experts, we know just how important a fair settlement can be to ease the impact of negligent care and improve a victim’s quality of life.
The Medical Negligence Experts are respected not only for our favourable success rate, but also the way we treat our clients with consideration and respect, remaining sensitive to the fact that you are an actual person with real lives. Our solicitors can support you with advice and legal representation so that you have the resources you need to make the best possible recovery.
Whether you have been injured personally or you are acting in the name of a loved one, get in touch today to find out more about how we can help you move forward.
Claiming Compensation for Medical Negligence in Salisbury
There is no exception to the nature of medical negligence claim we can handle. Working with the leading medical negligence solicitors in Salisbury means we’ve seen virtually every type of negligence claim from prescription negligence to surgical errors. We understand that the effects of a medical negligence injury can be sensitive and potentially even embarrassing, but you don’t need to worry talking about them to us because we will treat your medical records with the utmost respect and maintain confidentiality.
Some of the more common types of medical negligence claims we handle include:
- Birth injury claims. It is possible for either or both mother and baby to be harmed by medical negligence. Examples can include injuries caused by incorrect use of forceps when other, less invasive, techniques are available, to excessive tearing or poorly done episiotomies that can leave a woman with lasting damage.
- Dental errors. Your dentist may be negligent either because of something they did, like an unnecessary extraction or nerve damage during a root canal, or something they did not do such as detecting gum disease which was allowed to progress unchecked, causing irreversible damage to a victim’s dental health.
- A doctor who fails to refer a patient for further assessments or tests, who ignores symptoms, or who misinterprets test results may cause injury to their patient. This is particularly the case if the illness is only identified once it has progressed to the point where it is incurable or requires a more invasive treatment that would otherwise have been necessary. Cancer misdiagnosis is a typical example.
- Surgical errors. Medical negligence does not only happen in the operating theatre. It can also occur in the assessment period if a doctor advises a patient to have surgery when they are not a suitable candidate (for example, if they are extremely overweight or have a heart condition that makes anaesthetic dangerous), and after surgery in the form of inadequate post-surgical care.
No Win No Fee* Medical Negligence Claims in Salisbury
Lack of funds should not be a reason you suffer even more than you already have, which is why most of the claims our medical negligence solicitors in Salisbury handle happen on a No Win No Fee* basis. Instead of your lawyer charging by the hour and you paying up front, you only have to pay a success fee if you receive compensation.
If we believe your claim is likely to be successful, then we will agree to take on the financial risk involved with claiming compensation and carry it ourselves. We will make sure you have insurance to protect you in the event your application is denied and the other party requests you pay their legal fees, which is standard practice. If you don’t already have legal cover as part of an existing home or motor vehicle insurance policy, we will help you to arrange an After the Event policy.
We will waive our legal fees if your claim is not successful. You can use your insurance to cover the cost of any associated expenses, including the other party’s legal fees. If you receive compensation, then we will reclaim our fees from the other party and a success fee from you, which will be agreed at the start of your claim and no more at 25% of your total compensation amount.
With nothing to pay upfront and nothing to pay if you lose, The Medical Negligence Experts make it affordable for anyone to have the support of a solicitor who specialises in medical negligence claims.
Claiming Compensation on behalf of Another Person
We often receive enquiries from people acting on behalf of a family member or friend who has been hurt through negligent medical care. Sometimes they have the authority to legally act in their name, other times they may just be making enquiries to help the victim understand their rights and options about claiming compensation. The information we can provide will depend on your relationship to the victim, but we will do all we can to help you assist them.
A victim can’t start a compensation claim if they are under 18 years old, or if they legally lack the mental capacity to handle their affairs. In these instances, they will need a litigation friend to represent them and their best interests.
Litigation friends can be spouses or partners, parents or guardians, close friends and other relatives, or professionals like a solicitor. They need to obtain authority from a court to act in this role, showing that they have no conflicting interests and will be able to represent the needs and rights of the victim without bias.
The claims process is virtually identical whether we are working directly with the victim or their litigation friend. Our goal is always to obtain maximum compensation so the claimant can access the support and care they need to make the best possible recovery. The only real difference with a claim made by a litigation friend compared to one brought by a victim is that in cases brought by a litigation friend, a judge will need to approve the awarded amount and the way this money will be managed for the benefit of the victim.
Settling a Compensation Claim out of Court
No one wants a claim to go to court. It adds time, cost and stress to the process, which is far from ideal when may already be struggling with the implications your injury has had on your health and your life. However, if the other party refuses to pay a fair amount of damages or denies causing your injury, then we may recommend you submit your claim to a court for a judge to assess the facts and make a decision.
Working with a specialist like our medical negligence solicitors in Salisbury will help reduce the possibility that your claim will need to be litigated. We work hard to prepare a robust claim that can’t easily be disputed by the other party, leaving them with little choice but to settle out of court or risk a judge ruling in your favour and instructing them to not only pay you maximum compensation but also to pay the penalty for delaying the process.
While there is a very slim chance your claim will need to be heard in court, it is possible that you may have to testify to the accuracy of the information you provide, so it is vital you are confident that all the details included in your application are correct.
Medical Negligence Claims FAQ
We are happy to answer any questions you have about your eligibility to seek compensation. The best way to do this is in a confidential conversation with an experienced legal advisor. This consultation is free and without obligation, so you do not have to do anything further if you do not want to.
To help you to understand some of the basic details about claiming compensation, we have provided answers to some of the most frequently asked questions about claiming compensation for medical negligence.
Am I allowed to seek compensation?
You may be legally entitled to request payment of compensation if:
- you have received an injury directly as a result of negligent medical care;
- it happened within the last three years, or you learnt your injury was the result of medical negligence within the last three years, whichever date is the most recent; and
- you are over the age of 18 and have the mental ability to manage your own legal and financial affairs
These three criteria all must be met for you to have legal grounds to request payment compensation for damages.
I am still receiving treatment. Will claiming compensation affect my care?
A compensation claim should not affect the standard of medical care you are entitled to receive, and it is illegal for any medical professional to discriminate against you for doing so.
However, our experience is that clients who have been let down by a medical professional prefer to seek treatment elsewhere. This may be as simple as changing from one GP to another within the same practice, or it could mean transferring to a different hospital to continue with your care.
Can I claim compensation from the NHS?
It does not matter if you received your care through the NHS or you paid privately, the legal process and your rights remain the same. If you have been injured because a medical professional failed in a duty of care towards you, then you may have legal grounds to claim compensation.
What is the difference between claiming compensation and making a complaint?
There are several fundamental differences between making a request for compensation and submitting a formal complaint. The main one is that while a complaint will trigger an investigation and hopefully provide answers, it will not give you any financial recognition for the damage the negligent care has caused you. It is possible to both raise a formal complaint and proceed with a compensation claim. Talk to out medical negligence solicitors in Salisbury to find out more about each process so that you can decide which is the right one for you.
How much compensation will I receive?
The amount of compensation you can expect will depend on your individual circumstances. Although they are industry guidelines to help calculate proper payments for particular injuries, this can vary from victim to victim. For example, a patient left with facial scarring after a botched cosmetic surgery procedure may receive a higher amount of compensation if they have a public facing role then someone with similar injuries who does not rely on their looks to earn a living.
Compensation is calculated with regard both to the pain and suffering the injury has caused as well as any financial impact this has had. Special damages can be awarded to recognise money you have spent including accessing reasonable private medical treatment to help in your recovery, as well as the money you have lost such as wages you have been unable to earn while recovering from your injury.
How long will my tax claim take to process?
It typically takes between 12 and 18 months for a claim to settle and you to receive payment. You can help reduce this time by seeking legal advice at the earliest possible opportunity. Doing so will make it easier to obtain the evidence necessary to prove negligence, and can also help you get the treatment and rehabilitation support to address your needs.
If your claim goes to court, you can expect the processing time to be up to 12 months longer. The potential for this delay is just one reason why we always try to settle every claim out of court.
Contact The Medical Negligence Solicitors today to find out how we can help you claim compensation if you have been the victim of medical negligence. Our experienced solicitors specialise in medical negligence and understand how an injury like yours can affect not only your life but that of your family.
Either call using our freephone number, or complete our online form and we will contact you directly.
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 Salisbury working for you
We specialise in helping victims of medical negligence in Salisbury 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.