Medical negligence is substandard care that’s been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There’s a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
Medical negligence claims can seem complicated, but we’re here to make the process as easy as possible. If you have a question about making a claim, see whether we’ve answered it below and if not phone us on 0800 121 6567.
How Do I Make A Claim?
To make a medical negligence claim, the first thing you need to do is contact one of our specialist solicitors. From this point on we’ll take care of things. We offer a free initial consultation to chat about what happened and if you have a legal claim.
How Do You Prove A Medical Negligence Case?
For your case to be successful, we must be able to prove that you’ve received negligent treatment which caused an injury or contributed to making an existing condition worse.
How Much Can I Claim For Medical Negligence?
The amount of compensation you can claim for medical negligence will vary depending on:
- The extent of your injury/illness
- Any expenses you’ve incurred
- Your future care needs
Will I Need To Go To Court?
Medical negligence cases rarely go to court, with only the more complex cases ending up there. However, if your case goes to court, we’ll help you through the process. Many clients are surprised that the court atmosphere is much more relaxed than they expected.
Are There Any Time Limits For Medical Negligence Claims?
Generally you have three years to make a medical negligence claim from the date that your injury was linked to a medical error (not necessarily the date in which you suffered the injury). However, there are some exceptions to this rule.
Can I Claim Against The NHS For Medical Negligence?
You may be entitled to claim against the NHS if you’ve been injured or suffered an illness because of negligent treatment by an NHS trust or healthcare professional.
Will A Claim Affect My Treatment?
Claims shouldn’t affect your treatment and it’s very rare that our clients think this has happened. If you have any concerns about this, we’re always happy to assist. We’ll advise you on your rights and in some cases advise you how to transfer your care to another hospital if you don’t feel comfortable being treated in the hospital where you suffered negligence.
How Long Do Medical Negligence Cases Take To Settle?
We try and settle claims as quickly as possible while making sure you get the compensation you deserve. How long it’ll take depends on what happened in your case.
How Can Pressure Sores Be Caused By Medical Negligence?
Negligence can cause or worsen pressure sores if:
- A person remains in the same position for too long
- The patient isn’t provided with a suitable bed
- Staff don’t correctly clean or dress wounds
- Staff fail to spot a pressure sore developing and take action to avoid it
What Are The Most Common Surgery Mistakes?
We handle a variety of clinical and surgical negligence claims. Some of the most common cases can include:
- Failures to diagnose appendicitis
- Failures to diagnose ectopic pregnancy
- Perforation of the bowel during abnormal pregnancy
- Haemorrhage after gynaecological surgery
- Wrong size prosthesis being used in surgery e.g. knee or hip joint
- Damage to the bile duct following gall bladder surgery
Do You Offer Legal Aid For Medical Negligence Claims?
We can offer legal aid if a child has suffered a brain injury during pregnancy/childbirth, or shortly after, which has resulted in a severe disability. We can also get funding for cases by this method if they’re deemed ‘exceptional’ by the Director of Legal Aid Casework.
Will I Need A Medical Examination If I Make A Negligence Claim?
It’s likely that you’ll need to see an expert doctor to assess the extent of any damage/injury you’ve suffered as a result of negligent treatment. It’s important to get the professional opinion of another medical expert to help with your claim.
Can I Make A Medical Negligence Claim On Behalf Of A Child?
Parents or guardians can make medical negligence claims on behalf of their children. We’ve worked on many claims for children, so can talk you through how the claim will run and other information such as time limits.
We’re one of the only law firms in the UK who have a specialist Court of Protection team who can liaise with the court directly to help manage your child’s affairs. We can also help you set up personal injury trusts that can help you manage any compensation that’s awarded in order to protect your child’s future.
Which Types Of Cerebral Palsy Can Be Caused By Medical Negligence?
Cerebral palsy can be caused by medical negligence when substandard care is provided during the labour or delivery of a child, causing a brain haemorrhage or lack of oxygen to the child’s brain. If a brain infection is diagnosed late, cerebral palsy can also be caused.
What Is “Causation” In Medical Negligence?
Causation is a term used by lawyers which simply refers to the extent of the damage that has been caused by negligent treatment.
For example, if you have suffered a pressure sore that has developed into severe skin tissue damage, we can prove causation by reviewing the delay in diagnosis, or the level of treatment you received to prove the worsening of the condition over time.
For a free initial consultation about making a medical negligence claim, call us today on 0800 121 6567 or contact us online and we'll get back to you as soon as possible.
The above information relates to the law in England and Wales.
All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.