Welcome to Medical Negligence Assist
We’re specialists in helping people claim compensation for medical negligence and can help you too.
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Here at Medical Negligence Assist, we pride ourselves on providing the best service possible for our clients. Whether you’re claiming for a medication error or for a birth injury like cerebral palsy, our team of specialists can help you secure the justice and compensation you deserve.
We offer a free eligibility check to everyone who gets in touch. We do our best to make the process as simple and stress-free as possible. You can speak with us now by:
- Calling 0800 6523087
- Writing to us here
- Or speak with us now via our live chat
What Is Medical Negligence?
Medical negligence is an incident where someone suffers harm because of substandard care that a medical professional has provided.
Medical professionals must ensure their care meets the correct standard for their profession. Medical negligence can be defined as substandard treatment that deviates from what is expected of a professional and leads to a patient suffering avoidable harm. You may also see this called clinical negligence.
There are many reasons why a medical negligence claim might come about. For example, you might be seeking medical negligence compensation for the effects of:
- Medication errors, such as being given the wrong medicine.
- Hospital negligence experienced during your treatment.
- Surgery, including cosmetic surgery, where negligent care occurred.
- Wrong or delayed diagnosis caused by below-standard actions.
- A loved one suffering a wrongful death due to medical negligence.
You could seek the help of a No Win No Fee medical negligence solicitor if you have a valid case. Our solicitors are experienced in all forms of clinical negligence claims, including the ones mentioned above, so you can get expert support no matter what your circumstances are.
The Legal Definition Of Medical Negligence
The legal definition of medical negligence is:
- That you were owed a duty of care by the medical professional in question
- That this duty was breached due to substandard care. Medical professionals are held to a “reasonable standard” of care. Whether this has been breached will be determined by independent medical experts
- That on the balance of probabilities, your injury or illness was caused by medical negligence or at least made worse
In order to prove a medical negligence claim, it’s important to satisfy all of these criteria.
If you’d like to check if you meet the legal definition of medical negligence, get in touch with us today
What Are The Different Types Of Medical Negligence?
Clinical negligence can lead to all sorts of harm, ranging from mild injuries to life-changing and debilitating ones.
It is not always clear if medical negligence has occurred, as it may take a little while for the person to learn about what happened to them. Similarly, there may be a delay in the fall-out from the negligence that they suffered.
Coming to terms with the fact that you have fallen victim to this kind of negligence can be difficult, but you are not alone.
Whatever your situation, you could be able to make a compensation claim for your suffering, which could involve:
- A brain injury such as cerebral palsy
- A surgical injury or complication, such as a Never Event
- Anaesthesia-related errors
- Medication errors
- Negligent aftercare and rehabilitation
- Failure to obtain informed consent
- Negligent medical advice
- Cancer misdiagnosis or oncology negligence
- Orthopaedic negligence
- MRSA negligence or other hospital infections
- Cosmetic and private treatment errors
- Hospital-acquired infections
- X-ray negligence
- Errors in medical testing
- Care home and nursing home negligence
- Incorrect or delayed referrals
Can I Make A Medical Negligence Claim?
In order to make a medical negligence claim, it’s necessary to meet certain criteria. These are:
- That the medical professional treating you breached the duty of care they owed you
- As a result of the breach, you suffered an injury
Breach of duty can be difficult to prove. Sometimes a degree of harm is necessary in order to provide the required treatment. It therefore comes down to expert evidence, which we can help you obtain as part of your compensation claim.
Can I Claim Compensation On Behalf Of My Child?
Yes, it’s possible to make a medical negligence claim on behalf of your child. By law, you cannot represent yourself unless you are at least 18 years of age.
So for example, if your child suffers a birth injury, you could make a claim on their behalf. You would be appointed as their “litigation friend” and will make decisions on their behalf.
Any compensation that is awarded will be placed in a trust fund for the child until they come of age. In some cases, it’s possible to apply for early release of funds
If no claim is made before your child turns 18, they’ll be able to make a claim themselves and will have until their 21st birthday to do so.
Make A Medical Negligence Claim
What Happens When I Make A Compensation Claim For Clinical Negligence?
If you want to claim compensation, our medical negligence solicitors are here to guide you through the process. They’ll keep you informed every step of the way with regular updates on your case’s 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 can act for you on a No Win No Fee basis.
Once we have your consent, we’ll begin compiling evidence to support your case and commission a full report from an independent medical expert. We’ll then send the report to the legal representatives of the opposition seeking an admission of liability, after which, negotiations for settlement usually begin.
How Much Compensation Could I Get For Medical Negligence?
Compensation payouts for medical negligence can vary depending on the severity of the injuries or illness. For example, if your child suffers a birth injury like Cerebral Palsy, they could require specialist care for the rest of their lives. As a result, a compensation payout could reach millions of pounds.
In order to determine the severity of an injury or illness caused by medical negligence, it’s necessary to be examined by an independent medical expert. Your solicitor can arrange this for you as part of the claim.
Generally speaking, the more severe and permanent the injury or illness, the greater the compensation award.
You may also be able to claim special damages as part of your medical negligence case. Special damages refers to financial costs resulting from the incident. It can include:
- Loss of earnings, both past and in the future if you can no longer work
- The cost of private medical treatment
- Travel expenses if you had to go to different appointments
- Prescription and medication costs if you had to buy them to treat your symptoms
If you’d like advice on how much compensation you could get for medical negligence, please get in touch with us for free.
Meet Our Medical Negligence Solicitors
Our team of medical negligence solicitors is made up of some of the brightest and most experienced minds in the country.
Nick Banks is our head of medical negligence. Nick is passionate about getting the best results for his clients and helping them restore order in their lives.
You can learn more about Nick on his LinkedIn profile page, his Law Society page, or his profile page with the Solicitors Regulation Authority (SRA).
We’ve been featured in:
Your Questions On Medical Negligence Answered In Our Video Explainer
You can find a complete explanation of medical negligence claims in this short video with our Head of Medical Negligence, Nick Banks (Medical Negligence Assist is a brand belonging to JF Law).
You can find a definition of medical negligence, details of what you can claim for, why claiming against the NHS isn’t an issue, and how we can help you if you’ve suffered an injury.
Listen To Our Podcast About Medical Negligence
As well as our video explainer, we have a podcast on the subject of medical negligence with one of our expert solicitors, Mia Burke.
In this more in-depth audio guide, you can find answers to all of the most common questions about making a medical negligence claim, from how much compensation you could receive to whether or not bringing forward a case has an impact on frontline healthcare.
You can listen on Spotify here.
What Evidence Do I Need For My Medical Negligence Claim?
If you want to make a claim for medical negligence, you need to present evidence to support your claim.
There are a few different forms of evidence that you could gather. We have compiled a short list below. However, this list is not exhaustive.
- Letters from the hospital/healthcare facility – if you’ve suffered harm as a result of medical negligence, sometimes the healthcare facility will write to you confirming what happened and that they made an error. This is a key piece of evidence.
- Medical notes – Sometimes when you attend medical appointments you’ll be provided with notes and letters confirming what treatment you’ve received. To give an example, if you were prescribed the wrong medication, the medication you received could be detailed on such letters.
- Visual evidence – Photographs of any physical injuries can come in useful during your claim.
- Witness contact details – Medical negligence solicitors can help you gather statements from witnesses. There may have been a friend or relative who witnessed the act of negligence, for example, and they could submit a written statement.
How Long Do I Have To Make A Medical Negligence Claim?
In the UK, medical negligence claims should be started within three years from:
- The date when the negligence happened
- The date you discovered negligent treatment was the cause of an injury or illness
However, there are exceptions to the time limit when starting medical negligence claims. For example, if a child was harmed by medical negligence, the time limit would not apply until three years after they turned 18.
Furthermore, when an adult does not have the mental capacity to represent themselves, then the time limit would also be suspended. If the adult was to regain their mental capacity, then the time limit would then apply.
In both cases, a litigation friend could potentially claim on their behalf during the suspended period.
What Is A No Win No Fee Agreement?
If you are eligible to claim for medical negligence, and you wish to hire legal help, then you may be able to do so under a No Win No Fee agreement.
Under a No Win No Fee agreement, you could benefit from the assistance of specialist medical negligence solicitors without having to pay upfront fees or ongoing costs. You also usually won’t need to pay your solicitor any legal fees if the case is unsuccessful.
If your claim is a success, then a fee will be deducted from the awarded compensation. This is a legally capped percentage.
No Win No Fee therefore enables you to pursue a compensation claim without having to pay any fees unless your case is a success.
How Long Do Medical Negligence Claims Take?
This is quite a tricky question as all clinical negligence claims are unique.
If the injuries aren’t severe and recovery is quick and the defendant admits liability early in the case, a medical negligence claim could be resolved within 12 to 18 months, perhaps less.
More complicated claims—such as those involving injuries that are still healing, or ones in which further investigations are required, or perhaps the defendant disputes they were at fault—could take longer.
For advice on your own case, we recommend getting in touch with us for a free consultation.
Can I Claim Against The NHS?
Yes, you can claim against the NHS for medical negligence. Some people fear that to do so would put the health service under further strain. However, the NHS has insurance in place to cover compensation claims, so you do not need to worry about this.
Should I Make A Complaint To A Healthcare Facility?
If you feel you have received substandard care during treatment at a healthcare facility, then we recommend raising a complaint.
On the NHS website, you can find the information you need on how to make a complaint.
The NHS also has something known as the Patient Advice and Liason Service (PALS) which helps patients raise complaints.
Providing this feedback is important. It could stop other people from coming to harm and it helps doctors, nurses and other healthcare staff to learn from their mistakes.
Will I Need To Attend Court As Part Of My Medical Negligence Compensation Claim?
It’s important to bear in mind that very few cases ever reach the courtroom. The average industry standard is around 5%. This means you have around a 95% chance of not going to court.
It’s understandable that some people worry about having to go to court. However, when claiming compensation with our help, we’ll ensure all preparatory work is done well in advance and you’re fully prepared for the experience. With our help, it won’t be daunting.
Will Making A Claim Affect The Treatment I’m Receiving?
Making a compensation claim for medical negligence should not affect the treatment you receive. It is a very rare case when something like this happens, and it’s not something we have come across very often in our years of experience.
However, if you experience any change in treatment or attitude toward yourself, please let us know. As one of our clients, we’d be more than happy to help advise you on your legal rights and whether there are any steps you can take, such as with the Patient Advice and Liason Service (PALS).
How Long Do Medical Negligence Cases Take To Resolve?
There is no average amount of time that a medical negligence claim takes when it comes to settling or resolving it. In cases where the injuries are mild and the defendant admits liability in quick time, a case could resolve within 6 to 12 months.
Sometimes medical negligence compensation claims take longer to investigate or injuries need time to heal. In these instances, the case could take longer to settle.
In cases where the defendant disputes liability and maintains its innocence, a case could take longer to resolve too. In rare instances, the case could go to court, but if this does happen, we’ll be with you every step of the way.
