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.
To make a claim for compensation, we must prove that you have suffered an injury or that your condition got a lot worse because of negligent medical treatment.
To prove medical negligence claims we’ll need to gather supporting evidence. This might include:
- Medical records – we’ll get these for you (this will include all x-rays, scans etc.)
- Photographs – these are sometimes helpful to show an injury when it occurred
- A detailed statement from you.
Our independent medical experts will review your medical records, looking at your injuries and future care needs. They’ll advise us on whether your treatment was negligent and can provide crucial evidence for your case.
You can help your claim by collecting as much information about your treatment and injury/illness as possible, starting from when you first became aware that you might have experienced negligent medical treatment.
This can include keeping your own records of medical appointments, including the treatment given and advice received. Keeping receipts and invoices of all expenses that you have incurred as a result of the negligent treatment will help us to put a value to your claim. Potential expenses can include:
- Travel expenses for medical appointments
- Time off work and estimated loss of earnings
- The cost of private treatment and therapy
- Equipment and aids to help you to move around your home or out in public, such as a wheelchair, walking sticks, or grab rails.
We’ll include all of your specific expenses when working out how much compensation you could claim.
Different types of medical negligence
We have experience in a wide range of medical negligence cases, including:
- Misdiagnosis – diagnosing a medical condition or injury incorrectly, which might result in a delay in receiving the necessary treatment, or incorrect treatment being given.
- Incorrect treatment or medication being prescribed – giving treatment or prescribing medication that’s not recommended for your medical condition, failing to prescribe necessary treatment or medication, such as antibiotics at the appropriate time.
- Delay in the diagnosis of a medical condition – failing to diagnose the correct medical condition early enough to give correct treatment
- Poor management of a medical condition – failing to review a patient as often as is required or providing substandard care.
- Failure to refer – failing to refer a patient to the appropriate specialist for further investigations or treatment.
- Inadequate surgery – making mistakes during surgery or failing to notice mistakes made during surgery that could have been corrected.
- ‘Never events’ – these are serious, preventable events such as medical objects being left inside a patient following surgery, or the incorrect limb being amputated during surgery.
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.
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.
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
Visit our pressure sores page for more information on the different types and the long-term effects.
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.
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.
Claiming against the NHS can be daunting, visit our claims against the NHS page for more information.
How much can I claim for medical negligence?
Everybody’s compensation amount is different due to the individual nature of each claim. This makes it difficult for us to advise on how much you could claim before we know more about your circumstances.
In recent years we've helped our clients claim amounts ranging from £18,000 to £10.2 million.
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
When we work out how much compensation you should receive, we look at things such as:
- Expenses (including travel or medical expenses)
- Any loss of earnings (now and in the future)
- Any adaptations needed to your home or car
- Care costs.
Read more about how much you can claim and what compensation can pay for.
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?
There’s a three-year time limit for starting a medical negligence claim. This time limit will run from either the date that:
- The negligence occurred
- You became aware that the treatment you received was negligent.
There are some exceptions to this three-year ruling. These are:
- Children – doesn’t apply to under 18s. It’ll only come into effect on their 18th birthday and expire when they turn 21
- Adult without mental capacity – the time limit doesn’t apply to adults without the mental capacity to make their own decisions.
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.
Can I make a complaint about my treatment while also making a compensation claim?
Yes, the rules that govern NHS complaints allow the two processes to run at the same time. Read our complaints guide for more information and to download template letters to help you start the complaint process.
How long do medical negligence cases take to settle?
Every medical negligence case is unique. This means every case’s timescale will differ but often they will take around 18 months to settle. When you tell us more about your situation, we'll be able to advise you further.
Once we’ve sent formal notification of your claim to the person or body responsible for negligence, they’ll have 14 days to acknowledge your claim, and four months to respond in detail.
If your claim does need to go to court, this’ll extend the timeframe of your case. However, we’ll always work to finish your claim as soon as reasonably possible.
Do you offer legal aid for medical negligence claims?
In most cases, where we are able to accept instructions, we are able to offer our clients a no win no fee agreement with delegated ATE Insurance.
This insurance policy fully protects you if your claim is unsuccessful. It also means that you can claim compensation without paying a penny upfront. You only ever pay anything if your no win no fee claim is successful, and even then, your opponent will pay most of your legal costs.
Any remaining costs are deducted from your compensation settlement. We’ll advise you of this in advance, so there won’t be any surprises.
As we can offer our clients this method of funding, we aren't able to offer clients the option of legal aid.
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.
How can I be reassured against unexpected costs or hidden fees in a medical negligence claim?
Richard Kayser explains our approach to medical negligence claims, including free initial consultations, no win no fee agreements, transparent fee estimates, and independent reviews for children's cases.
Contact us
For a free initial consultation about making a medical negligence claim, call us today on +44 (0)800 121 6567 or contact us online and we'll get back to you as soon as possible.
