Hospital negligence claims are something that are supposed to be a thing of the past. Technology is advancing, new surgeries are being invented, and medication is almost stellar and guaranteed Read more
UK Medical Negligence Claims
Free Advice And No Win No Fee
We have clinical and medical negligence expert solicitors who have been in the field of medical law for decades waiting to answer any queries you have concerning medical negligence. Our medical negligence solicitors are trained and qualified to the highest degree and can assist you on any aspect regarding a medical negligence case.
We can arrange a free consultation with you and a medical negligence solicitor so that you can assess your case before you enter in to any legal claim process. You can feel at ease on taking your claim forward knowing all the facts beforehand.
You can call 24hrs a day on our free phone number 0800 652 3087 to arrange for an expert solicitor to advise you on the validity of the claim you may wish to bring forward. You can receive free legal advice on matters concerning any medical negligence you feel that you have been a victim to. Call any time that is most convenient to you or fill in a contact form online and state the most appropriate day and time for a medical negligence solicitor to ring you.
Almost all of our claims are handled on a No Win No Fee agreement, which means 99% of all cases we take on are arranged this way and the client is at no financial risk. We are that confident with the service that we can provide you that we can offer such an arrangement to almost all the clients that approach us. If any of the cases we take on No Win No Fee agreements conclude in a loss then the client does not have to pay a penny to either their own legal team or the opposing side.
We come highly recommended by clients we have represented and by peers in our field. With years of experience under our belt we offer a service that is renowned for catering to our clients needs.
For free legal expert advice do not hesitate to call our free phone number any time of the day where we can assist you on questions regarding you medical negligence case.
What is Medical Negligence?
Medical Malpractice or medical negligence is professional negligence by act or omission regarding the service or treatment provided by a health care worker that falls below the accepted standard in the medical community. This results in a patient being injured or death, with the majority of patients being injured.
Clinical And Medical Negligence Claims Explained
It goes without saying that health practitioners who work within the health industry, even those who work solely in the cosmetic industry should have the intention not to cause to harm to any of their patients. The majority of medical mistakes are not intended, but due to circumstances things can go wrong. If it is proven that another health care worker of the same ability would not have made such a mistake in the same circumstance then a breach of duty has taken place. Mistakes that take place in a medical environment can have detrimental consequences for the person involved and should never be taken lightly.
In order for you to make a medical negligence claims it is worth first viewing our medical negligence explained page. When claiming against a health care practitioner or the organisation where the negligence occurred you must have been injured either physically or mentally. If a negligent incident has occurred but you were not caused any harm then such a case may not stand up in a court of law, there needs to be some type of harm caused due to the negligent act that was committed.
If as a result of a negligent incident you were harmed in any way you may be able to claim compensation for medical negligence. You can start a claim off by simply calling our free phone number where a member of our legal team will be more than happy to assist you in any questions regarding a situation of medical negligence. If you would prefer you can fill in an online contact form where a medical negligence solicitor can get back to you at a more convenient time of the day.
Different areas of Medical Compensation Claims
Medical and clinical negligence can lead to all sorts of harm ranging from mild injuries that a patient will make a full recovery from to those that have life changing consequences and debilitating health. It is not always clear if negligence has occurred, it make take a little while for the person to actually discover or there may be delays in the fall out from the negligence that has taken place. Even actually admitting that you are a victim of medical negligence can be hard to come to terms with but you are not alone, negligence can take place in any health clinic. Here are some examples of negligent acts;
- Brain injuries
- Child brain injuries that lead to cerebral palsy
- Spinal and neck injuries
- Surgical injuries and complications
- Anaesthesia related errors
- Cancer misdiagnosis and oncology cases
- Orthopaedic claims
- MRSA negligence claims
- Cosmetic and private treatment errors
- Care and nursing home negligence
What are the different types of negligence Claims?
In order to take a legal claim for medical negligence compensation forward it is vital that you are aware of all the areas and aspects including the area of medical negligence and medical law. There are different types of negligence that can take place regarding the severity of the case, these include;
- Gross Negligence – this is ultimately considered the most severe type of negligence. As said previously the majority of health care workers do not intent to cause any of their patients harm. If gross negligence occurs it means that the practitioner responsible has been seriously careless and has complete disregard for you and your health. This in turn goes completely beyond and below the breach of duty and falls in the lines of a deliberate act. Such negligence should always be brought before the law whether a victim needs compensation or not as such a person should never be allowed to work in the health industry.
- Vicarious Liability - this type of liability resides with the person in charge of the person who has committed the negligent act as they are responsible for the actual person. Vicarious liability is a secondary liability that is governed under the common law doctrine agency. In terms of medical negligence a health organisation may be accused of liability for the work of any subordinate physician that has caused negligence.
- Comparative Negligence – this type of negligence is measured in terms of what degree was the accused responsible for the actual negligence to the claimant. In layman’s terms how much fault in terms of percentage is the health care practitioner to blame. It is almost a shared responsibility where a jury will decide the degree of blame concerning the victim and the accused.
- Contributory Negligence – this can happen when the victim of the negligence is actually proven to be the person responsible for the actual medical negligence that has taken place and receives no compensation for their injuries.
What Amount of Compensation can be Expected from a Medical Negligence Case?
Giving an exact amount of compensation that should be awarded in any one medical negligence compensation case is very difficult as there are many aspects of each claim to take in to consideration. Medical negligence takes on different forms and circumstances surrounding the person and the negligent act are different to another and it affects people in different ways. No two cases are exactly the same. You can use a medical negligence compensation calculator (link) to calculate an estimated amount of compensation that may be awarded in your case. It’s vital to remember that the amounts shown may relate to other cases that have underlying differences to your own.
No Win No Fee Medical Negligence Compensation Cases
We pride ourselves on taking 99% of all cases we take on, on a No Win No Fee basis. We believe that we have the ability to deliver a successful result when representing a valid medical negligence claim for compensation. In April 2013 the law changed regarding claim cases if the outcome favours the claimant. Any No Win No Fee cases are more often referred to as a Conditional Fee Arrangement and it remains the same if the claimant loses the case no moneys is required. The change that took place relates to if the case is won, and if it is the claimant must pay a percentage of their compensation amount awarded to their legal team. The percentage that will be taken is capped at 25% so no more than this amount can be taken from the compensation. The most important aspect to state is that no matter the outcome the victim of medical negligence is not at any financial risk. To view the reforms that have come in to practice you can visit gov.uk and find a detailed analysis of the changes.
Clinical Negligence Claims Time Limit
If you think you may have grounds to make a medical negligence claim, you should seek legal counsel at the earliest opportunity. Section 11 (4) of the Limitation Act 1980 sets out clear legislation regarding the clinical negligence claims time limit. The Act provides that victims of medical negligence have three years from the ‘date of knowledge’ in which to commence legal action. Generally speaking, the ‘date of knowledge’ is the date you knew, or could have been expected to know, that your suffering was attributed to the negligent act of a healthcare professional. The law differs slightly for children under the age of 18, who have three years from the date of their 18th birthday in which to file a claim. Occasionally, a court may grant an exception to this rule, particularly if funding is needed for care on a day-to-day basis. Also, to find out an estimate of how much compensation you might be you may be entitled to claim you can view our medical negligence compensation calculator page.
How Do I Make A Clinical Negligence Claim?
You shouldn’t feel intimidated about making a no win no fee medical negligence claim. If you have suffered due to the negligence of a healthcare professional, you have a legitimate right to seek compensation for your ordeal, and any damages attributable to that period of suffering. Our medical negligence solicitors are here to guide you through the clinical negligence claim process, and are committed to keeping you informed every step of the way with regular updates on case developments.
Initially, when you contact us, we’ll carry out a free evaluation of your claim to ascertain its value and viability. If we believe we can help you, we’ll make you a formal offer of representation, and explain how we recover our costs under the no win no fee agreement. Once we have your consent, we’ll begin compiling evidence in support of your case, and commission a full report from an independent medical specialist. We’ll then send the report to the legal representatives of the opposition seeking an admission of liability, after which, negotiations for settlement will usually begin.
Why Choose A No Win No Fee Medical Negligence Solicitors?
When choosing a medical negligence solicitor it is important that the claim is on a no win no fee basis were you will have no financial risk. You will never have to pay any bills and you can claim for free. Also the benefits in choosing a specialist clinical negligence solicitor is that the solicitor is highly trained to deal with clinical negligence cases and will have much more knowledge in medical claims than your average personal injury solicitor. This can be vital in winning the case. We know that many people are hesitant about claiming due to the legal costs involved, which is why we take the time to discuss the no win no fee agreement with you before making an offer of representation. The no win no fee agreement is a legal waiver of sorts, which effectively eliminates any liability on your part for legal fees for the duration of the claim. We won’t seek a penny from you in legal costs at any stage of the medical negligence claim process, and if your case isn’t successful, all fees will be covered by our own insurer.
If you have questions about the claim process, or would like to take advantage of our free claim assessment service, book a free consultation with our solicitors using the online form today. Alternatively, you can call us directly on the free-phone number above if you’d prefer to speak with someone straight away.