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  • Medical And Hospital Abuse Claims

Medical And Hospital Abuse Claims

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If you or a family member has experienced abuse in a medical or hospital setting, then our solicitors could help you claim compensation.

We put a great deal of trust in medical staff, whether they're our local GP, hospital employees, or specialist doctors, relying on them for our care when we become ill. When this trust is abused, it can be incredibly traumatic, as well as seriously impacting your health and wellbeing.

We’re here to help and offer not just legal support but emotional support. Contact our team today to see how we can help you or a loved one.

Who can a medical or hospital claim be made against?

Our abuse team contains specialist medical and hospital abuse lawyers who’ve significant experience of acting on behalf of vulnerable people who've been abused by:

  • Doctors
  • Nurses
  • Health professionals
  • Hospital employees or volunteers
  • Other patients.

If you or loved one has been abused in a hospital or another medical setting, we’re here to help.

Why choose Irwin Mitchell’s hospital abuse claim solicitors?

Our abuse solicitors are ranked amongst the best in the UK by leading independent legal guides, The Legal 500 and Chambers & Partners. Their expertise will be used to get you or your loved one the best outcome for your claim.

We're actively involved in the development of abuse laws in the UK. We were the first UK law firm to help a family receive over £1 million in compensation for the abuse they experienced. We also helped an RAF cadet receive £1.2 million for abuse they experienced.

We’ve a track record of helping individuals claim against doctors who’ve abused them. One past example is our work with clients making claims against Dr Stan, who worked at the Royal Cornwall Hospital (also known as Treliske).

If your loved one was abused, and you’re worried about their welfare or ability to make their own decisions, our Court of Protection solicitors can help.

Alongside our expert legal team, you’ll be supported by our Support and Rehabilitation Coordinators. They’re trained clinical experts who’ll be there to help you identify support you or your loved one could benefit from. The support will always be local to you.

Our offices are located around the UK, which means there’ll be an abuse claims solicitor in your nearest office. However, we’ll always work in a way that’s best for you. Whether that’s arranging phone or video calls or meeting you at an appropriate location.

Legal aid may be available in some cases
Experienced medical abuse solicitors
Accredited with the Association of Personal Injury Lawyers
Offices across the UK

Call us for a free initial consultation

0800 056 4110

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Phone lines are open 24/7, 365 days a year

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Tom Fletcher
Tom Fletcher Partner - Head of Abuse Meet the team

Medical And Hospital Abuse Claims - More Information

Every claim will take a different amount of time.

If those responsible admit liability straight away, your abuse claim will normally settle sooner. However, if they don’t, it can delay your claim settling.

No matter how long your claim takes, we’ll be with you every step of the way.

If you or a loved have experienced abuse in a hospital or medical setting, the amount of compensation you could claim depends on:

  • The types of injuries you’ve sustained
  • Care and specialist treatment you might need now and, in the future
  • Loss of earnings in the past, now and in the future
  • Court of Protection fees (if your loved one lacks the mental capacity to deal with your financial affairs).

Once you’ve told us more about what’s happened to you or a loved one, we’ll be able to offer more guidance on compensation.

The first step in the process for making a medical abuse claim is contacting us. We’ll arrange a free initial consultation, where you can discuss your potential claim in a private and confidential meeting room. We’ll use this time to discuss funding options with you as well.

If you do decide to use our services, we’ll start by gathering evidence to build your claim. This could be your medical records, witness statements, or CCTV if it’s available.

We’ll present your claim to those responsible, if they accept liability, we’ll begin working to settle your claim.

If they deny liability or disagree with the compensation amount that we feel you deserve, we can start court proceedings. We’ll always try to avoid this, but sometimes it can be the best way to settle an abuse claim. However, we find it’s rare a hospital abuse claim goes to court.

The usual time limit for making an abuse claim is three years from the date of abuse.

However, if you or a loved one were under 18 when you were abused, the three years starts when you turn 18.

The courts understand the difficulties abuse survivors have coming forward about abuse. It can be possible to waive the time limits for abuse claims, allowing individuals to claim for historic abuse.

The decision to waive a time limit is decided on a case-by-case basis. Our lawyers are experienced in helping abuse survivors get the time limits waived and successfully make claims for historic abuse.

Peter

I just felt that they were very competent and that I could trust them, which is very important in a case like this. It’s hard to explain – I have nothing but praise about how we were treated.”

Peter, London

Frequently Asked Questions

Will my hospital abuse claim go to court?

We find most hospital and medical abuse claims don’t go to court. Our lawyers are experienced in settling abuse claims out of court.

However, if you do need to appear in court, we’ll be there to represent and support you throughout.

Who can make a claim for medical or hospital abuse?

We’ve experience working on behalf of vulnerable patients who’ve been abused by health professionals, hospital staff, and even other patients. If you've experienced abuse while seeking medical treatment, then you may be able to claim compensation.

Abuse is generally classed as a deliberate act of harm, including:

  • Physical abuse or assaults
  • Sexual abuse
  • Emotional abuse.

If your child has experienced medical or hospital abuse, then you can make a claim on their behalf. You can also claim on behalf of a loved one if they’re unable to make their own legal decisions due to lack of mental capacity.

You normally have three years to make an abuse claim, or by your 21st birthday if you were a child when the abuse happened. However, there’s often a case for making a claim after this date.

Can I make a no win no fee hospital abuse claim?

Some hospital abuse claims we handle are funded using a no win no fee agreement. If you use one of these agreements, you’ll have nothing to pay upfront or if your claim is unsuccessful.

There are other funding options available that you can use to fund your claim, one of which might be more suitable for you.

We’ll discuss available funding options with you and make sure you use the one that’s best for you.

Can you help if me or my loved one were abused in a hospital in Scotland?

Yes, we can help if the abuse took place in hospital in Scotland.

Our Scottish abuse solicitors are led by Kim Leslie. Kim is a leader in helping abuse survivors in Scotland claim compensation for abuse that happened in a medical setting in Scotland.

We can also help with Scotland Redress claims.

Read More FAQs

Related Information - Medical & Hospital Abuse Claims

Protecting Your Rights - How our Public Law & Human Rights solicitors can help you
Elder Abuse - We could help if you or a loved one has suffered elder abuse
Care Home Abuse - if a loved one has suffered abuse in a care home we could help you claim on their behalf
CICA - find out more about claiming from the Criminal Injury Compensation Authority

Scottish Flag 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.

 

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

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