Medical negligence solicitors

Suffering personal harm due to medical negligence should never happen, but sometimes it does. Our friendly medical negligence solicitors have expertise in all areas of medical law, and we are here to support you.

What is medical negligence?

Medical negligence (also called ‘clinical negligence’) is when a medical professional delivers a poor standard of care to a patient. This negligence could be through misdiagnosis, incorrect treatment, delayed treatment, or mistakes made during surgery.

The consequences of medical malpractice can impact a person’s entire life. It can cause long-term physical and emotional pain and have a detrimental effect on their standard of living and, in some cases, death. Medical negligence can lead to a person being unable to work or the loss of a family member or partner, which can mean financial hardship for themselves and/or their family.

Why claim compensation?

Compensation is there to help a person enjoy a standard of living as near to the one they had before medical negligence occurred as possible.

Very rarely, medical malpractice can sadly lead to death, and there is nothing more traumatic than knowing a loved one’s death could have been avoided. Our medical negligence lawyers understand that seeking justice by making a clinical negligence claim is deeply distressing, and we provide guidance and support throughout.

Claims for compensation can be brought against anybody who has a duty of care, including hospitals, doctors, dentists, and mental health professionals.

How much compensation can I claim?

The compensation awarded reflects the severity of the injury caused by the negligence and the long-term prognosis.

The amount of compensation takes into account financial losses which have occurred now and will occur in future, the cost of making home adaptations, travel costs for attending medical appointments, and the impact on daily activities both now and in the future.

In relation to claims due to the death of a loved one, the claim pursued would be on behalf of the estate and the dependants of the patient who has passed away.

Will a claim affect my treatment?

No. Medical professionals do not have the right to refuse to treat you because you are bringing a medical negligence claim against them.

You will likely feel more comfortable seeking treatment elsewhere, however, rather than continuing to trust a professional, medical practice or hospital that has let you down.

Can I claim legal aid?

Legal aid, which is provided through the government’s Legal Aid Agency, is only available for certain medical negligence claims:

  • Where a child has suffered severe brain injury during pregnancy or birth or soon afterwards.
  • When the Director of Legal Aid Casework deems the case ‘exceptional’, this could be where failure to make legal services available to someone risks breaching their rights under The Human Rights Act.

Some other law firms may be able to help you determine whether you can claim legal aid and work with you to complete the Legal Aid Agency’s application for funding.

What is ‘No Win, No Fee’?

If you cannot claim Legal Aid, you could fund your compensation claim with a No Win No Fee agreement or through Legal Expenses Insurance (also called ‘Family Legal Protection’). Sometimes people find it is included under the ordinary home insurance policy or other similar policy.

We offer a free consultation to assess whether we can act for you on a no win, no fee basis.

It is often the case when we act for a client on a No Win No Fee basis, an application for After the Event Insurance is made to protect you in relation to any expenses in pursuing the action, such as the costs of medical expert reports.

Have a question or need some help?

Book your Free Initial Assessment with our medical negligence solicitors

If you believe you or a family member has suffered pain, distress or discomfort or there are concerns as regards the death of a loved one due to the negligence of a healthcare provider, and you would like to explore making a claim, we can help to clarify the options available to you.

  • Results

    We believe that we are the best, industry leaders and market innovators. We have your back, whether you are moving into your dream home or needing a complex family divorce.
  • Where and when you need us

    Local offices and dedicated people who are accessible, friendly and here to help.
  • Experts in what we do

    We have the best people to help you, high skilled and vastly experienced. We’ll provide you with clear advice, not just options so that you can see a clear way forward.
  • Accreditations

    We have several accreditations that ensure the legal advice we provide is of the highest standards.

Medical negligence FAQs

What do I need to make a medical negligence claim?

First, you need to prove that the healthcare provider was negligent. Documents that can prove medical negligence include medical records, ultrasound scans, x-rays, photographs, witness statements (which can be from family and friends), financial evidence, and reports from medical professionals.

Will I need to go to court?

Many people ask whether they will have to go to court when claiming compensation. The good news is that only a tiny percentage of cases go to court. Most medical negligence claims are settled out of court or before a final hearing if proceedings need to be issued.

How long do I have to make a claim?

You have three years from the date the clinical negligence occurred or three years from the ‘date of knowledge’ to formally lodge your claim with the court. The ‘date of knowledge’ is when your injury was discovered or your illness diagnosed, or you reasonably should have been aware of a potential claim.

There are some exceptions to the three-year time limit. If the victim of negligence is a child, they have until their 21st birthday to make a claim. Patients who suffer from mental illness at the time of clinical negligence have three years from the date they regained capacity to make a claim. There is no time limit to make a claim if brain damage occurred.

Where a patient has sadly passed away, the family or personal representative of the Estate has three years from the date of death to make a claim. If the patient died while the claim was being processed, the family have three years from this date to complete the claim.

Can I make claims against the NHS?

You might be entitled to claim compensation from the NHS if medical malpractice has occurred. Claiming compensation can highlight substandard care preventing somebody else from suffering a similar injury.

Get your FREE Initial
Assessment now

Fill in the form with your details and a bit about your current situation and a member of our team will be in touch to offer you a FREE initial assessment.

Please let us know you are not a robot