Personal

Medical Negligence Claims

Whenever we need medical advice or treatment, we place a huge amount of trust in the medical professionals who are treating us. Unfortunately, mistakes sometimes happen during clinical procedures which can lead to unnecessary pain and suffering.

If you’ve suffered as a result of medical malpractice, we’re here for you. As the leading medical negligence law firm in the UK, we know how to make a positive difference to your life. Our experienced medical negligence solicitors will take the time to understand what you’re going through, helping you get the answers and compensation you deserve.

Our lawyers specialise in particular areas of medical negligence, including birth injuries, orthopaedic injuries and cancer misdiagnosis claims. We’ll gather expert advice on your care needs, ensuring that your compensation allows you to access the support you need to enjoy the best quality of life possible.

Choose us and you’ll get a free initial consultation with one of our experts. If you decide to go ahead with a claim, you may be able to do so with a No Win No Fee agreement*, which means you won’t have to pay any legal costs if your claim is unsuccessful.

If you’d like to claim after experiencing clinical negligence, contact us free today.


No Win No Fee*
Largest medical negligence team in the UK
Help with rehabilitation
Offices across the country

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Medical Negligence Claims - How Our Solicitors Can Help You
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries or illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • How Long Do I Have To Make A Claim?
    • You’ll normally have three years to make a claim, either from the date of your negligent care or from the point where it was discovered that negligent treatment was responsible for your injuries. However, there are some exceptions to this rule:

      • If you suffered negligent care before you turned 18, you can make a claim up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your child’s injuries which means working out how much compensation you need can take time.
      • If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.

      We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case without delay. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

    • Can I Make A No Win No Fee Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Meet The Team
    • Our medical negligence experts are based in our offices across the country so will never be too far away from you. The team is made up of experts in all areas of medical law, who have a proven track record of success in their specialist areas.

      We see your health as a priority, so will always focus on getting a compensation sum which can help you access care and support to aid your recovery where possible. Rehabilitation can be vital when it comes to helping you get your life back on track, so our experts will work hard to deliver early access to the best support services and treatments.

      We have won the Claimant Solicitor of the Year prize at the Rehabilitation First Awards six times. This award highlights how compensation can really change lives, allowing seriously injured individuals to live more independently.

      View our Medical Negligence team

The compensation will give my son the financial security he needs to provide care for the rest of his life."

Rachel, client's mother
Joseph's journey quote image

Frequently Asked Questions

What Is Medical Negligence?

Medical negligence is a breach of the duty of care that a medical professional or organisation has towards its patients. Sadly medical negligence can often cause injuries and illness, or make existing conditions worse.

There are a number of ways in which medical negligence can take place, including:

  • Not warning you of the risks involved in your treatment
  • Failing to get your consent to perform an operation
  • Delaying your referral to a specialist
  • Failing to diagnose your medical condition
  • Diagnosing your condition late (despite symptoms at an earlier stage)
  • Prescribing you the wrong medication
  • Not performing your surgery with sufficient care

If you’ve suffered from medical negligence, our experienced lawyers could help you make a claim. To find out more about how we can help, contact us on 0800 121 6567.

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Who Can Make A Clinical Negligence Claim?

Our medical negligence solicitors could help you make a claim if you’ve suffered because of errors by NHS Trusts, private hospitals, specific doctors, cosmetic surgeons, dentists, mental health professionals, nurses and other medical staff.

You can also make a claim on behalf of a child, someone who doesn’t have mental capacity, and for a loved one who has sadly died because of medical negligence.

Claims on behalf of children

You can be appointed as a ‘litigation friend’ to make a claim on behalf of a child who has experienced medical negligence under the age of 18. A litigation friend is normally one of the child’s parents or guardians and must be able to show that they can fairly act in the child’s best interests.

Normally, any compensation awarded to your child will be paid to the court and put in an investment account. Your child can apply to get access to their award when they turn 18. Sometimes when small sums are involved, the court can pay the amount to you but it would be expected that you’d put the money into a bank account for your child.

Claims for people without mental capacity

You can help someone make a claim who can’t manage their own affairs. Usually a person is thought not to have capacity if they can’t make sensible decisions about their money, if they can’t weigh up the advantages and disadvantages of their choices or if they can’t clearly communicate to make their decisions clear.

Fatal negligence claims

If you’ve lost a loved one who unfortunately died because of mistakes made in their medical treatment, you can make a claim on their behalf.

We can help you with:

  • Getting compensation for your loved one’s pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
  • Representing you at inquest
  • Dependency claims – helping you secure inheritance that wasn’t left in your loved one’s Will
  • Getting you the answers and apology you deserve

Our lawyers could also help you access a statutory bereavement award, a payment of £12,980 which is paid when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

If you’d like to make a claim, contact us today on 0800 121 6567.


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What Can Compensation Pay For?

The role of compensation is to make your life a little easier, making sure you get the support you need to enjoy the best quality of life possible. Our main priority is your health, so we’ll make sure that you can access care and support for your unique needs.

When we work out how much compensation you’re entitled to, we’ll take into account factors such as:

  • Expenses – including travel expenses to medical appointments, medical equipment and things that help with daily living.
  • Loss of earnings – to cover time you’ve had off work and time off you may need in the future. This figure can also cover matters such as not returning to the same role or not being able to return to work.
  • Further treatments – to pay for any further surgery or medical procedures you may need after experiencing negligent treatment.
  • Adaptations to your home and vehicle which can help with living independently.
  • Care costs – to fund home care visits and past and future rehabilitative treatments.

Your compensation will also take into account any unnecessary pain and suffering you’ve experienced. The nature and severity of your injury or illness will also be considered, acknowledging your chances of making a full recovery.

The amount of compensation secured in medical negligence claims varies from one case to another, as two clients with the same injuries may have completely different circumstances.

If you’d like to make a compensation claim, contact us to set up a free initial consultation on 0800 121 6567.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2015 Post Magazine Rehabilitation First Awards, an award we've won on six previous occasions.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for improvements in patient safety by supporting Action against Medical Accidents (AvMA). This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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Call us today, we're here to help.
Alison Eddy - London

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