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- What If Your Claim Is Litigated?
- What Is Clinical Negligence?
Medical negligence claims
What is medical negligence?
Medical negligence is any mistake or substandard care by a medical professional, which caused you to become injured or made your condition worse.
Although most doctors and medical staff are highly trained and provide an excellent level of care, mistakes do happen and they can have life-changing consequences for you as a patient.
If you or someone in your family have received negligent medical treatment, then we know it can be very upsetting – when you visit a doctor or hospital, you put your trust in the staff and expect to receive the treatment you need. A medical error can leave you feeling frustrated and let down.
Compensation can’t make your injury or condition go away, but it can help you get the support you need to move on, or to get things back to how they were before your accident. To find out whether you could make a claim, you can speak to us on 0800 234 6438, or submit your details using the contact form at the top of this page.
Can you make a medical negligence claim using no win no fee?
Quite simply – yes, the majority of the time you can make your medical negligence claim on a no win no fee basis.
When you speak to us for the first time, we’ll be able to let you know whether we think your claim will be successful. But if you don’t end up getting any compensation, our no win no fee promise means that you won’t have to pay our partner solicitors any money.
With no win no fee, there aren’t any upfront charges or hidden costs either. If you do win your case, your clinical negligence solicitor will charge you a ‘success fee’ as a percentage of the compensation you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it.
Although it’s rare, your solicitor will let you know before starting your claim if you don’t qualify for no win no fee.
Click here to find out more about no win no fee
Types of medical negligence
There are a lot of different types of medical negligence, so you might be unsure whether you could make a claim for your experience.
Generally, we can help you make a compensation claim for any negligent treatment if it became apparent in the last three years and caused your condition to get worse.
Here are some of the types of medical negligence cases we’ve helped people with in the past:
Any type of medical negligence can put your life on hold, at least in the short term. Sometimes the effects of negligence can lead to long-lasting health issues, and in extreme cases can even be fatal. Although making a claim might seem daunting, it can really help to make a difference during your recovery and into the future.
Can I claim against a private practitioner, or just the NHS?
When medical negligence happens, any medical practitioner – whether they are private or in the NHS – can be held liable for your injury.
Medical negligence doesn’t always need to involve a stay or visit to a hospital. Many treatments, such as cosmetic procedures or dental work, can cause serious injuries if they go wrong. You have every right to make a compensation claim, whether it’s from a large NHS trust or a small private clinic.
All medical organisations have a duty of care to their patients and should be expected to give you the compensation you need if they’ve failed to keep you safe.
Find out more about making a claim for medical negligence compensation and how the process works.
Claiming on someone else’s behalf
Seeing someone close to you suffer because of medical negligence can be very difficult. They might not feel ready to claim, or their injuries may have left them physically unable to do so.
We can help you make a compensation claim on behalf of a close friend or family member – this means they’ll be able to get the support they need, but without the added pressure of speaking with our solicitors or dealing with the claim.
We might even be able to arrange for them to receive some of their compensation before the final settlement. This is known as an ‘interim payment’, and could help to cover any immediate costs of their injuries, including the cost of accommodation if you’ve had to stay nearby to the hospital where they’re being treated.
Medical negligence involving children
Unfortunately, medical mistakes can affect anyone – but young children are particularly vulnerable because they’re not as strong as most adults. Nobody deserves for their condition to become worse because of their treatment, but when children are involved it can be particularly upsetting.
We can help you make a claim on behalf of a child at any point up until their 18th birthday. Or, once they become an adult they have three years to make a claim for an accident which happened while they were under the age of 18.
How much compensation could you receive?
Medical negligence cases can be very complicated because there are so many different factors, so it’s difficult for us to say exactly how much compensation you’ll receive for your claim. No two cases are the same, so the amount of money you’ll get will depend on your particular situation.
We’ve included some rough examples of compensation amounts for specific medical negligence injuries:
- Severe heart damage – £88,270 – £131,620
- Loss of an arm below the elbow – £84,310 – £96,150
- Serious damage to the digestive system – £37,710 – £54,280
You can also try our compensation calculator which estimates the amount of compensation you might receive based on your answers to some simple questions.
How does compensation help?
After suffering from an injury due to medical negligence, it can be difficult to think about anything other than getting better. Because of this, making a compensation claim might not be the first thing on your mind, but it can help you get the support, treatment and finances you need.
Aside from the emotional effects and your physical pain and suffering, your injury might also have been financially expensive. For example, you may have had to pay for private medical treatment to put your injury right, or you might have received reduced pay while taking time off work.
Our specialist medical negligence solicitors will make sure you’re covered for all the impacts of your injury – they’ll work hard to understand what you’ve been through so that they can get you the full amount of compensation you deserve.
They’ll also take into consideration any future impact. For example, if your injury is particularly severe it might affect your future job opportunities, or you might need ongoing care and support which can be costly.
And there’s no need to worry about being swamped with paperwork or confused by legal terms. Our solicitors will be able to do most of the hard work for you – they’ll negotiate your compensation for you, and will keep you up-to-date with any developments.
If you still have questions about making a medical negligence claim, or would like to find out whether you could make a case, you can speak to us for free on 0800 234 6438.
How long does a medical negligence claim take?
The amount of time it takes to make a medical negligence claim can vary hugely and depends mostly on the complexity and severity of your case. A claim can take anywhere from a few months to a couple of years to complete.
When making your case, your solicitor will need to prove that somebody else was at fault for your injury or for making your condition worse – and this can take time. They’ll pull together a lot of evidence and will use specialist opinion and reports to show that you received substandard care.
Will I need to appear in court?
The majority of medical negligence cases are settled without you needing to go to court.
Our clinical negligence solicitors will always try to settle your claim as quickly as possible by negotiating with the other party’s insurers or solicitors. This means they can often bring the case to a close before it needs to go to court.
But if, for example, the other party refuses to negotiate or has been slow to respond, then your solicitor might recommend a court hearing. They’ll usually do this if they think it gives you the best chance of getting the full amount of compensation.
If your case does go to court, then there’s no need to worry. It can seem daunting, but our solicitors will be able to support and advise you through the process. In some cases, they might even be able to appear in court on your behalf if you prefer not to be there.