Welcome to Medical Negligence Assist! We’re devoted to providing you with reliable information and advice on medical negligence claims. We cover everything from medication errors to medical misdiagnosis cases and birth injuries.
You can also find advice and guidance on finding No Win No Fee solicitors for medical negligence who could help you claim compensation today.
We Specialise In Medical Negligence Claims
Here at Medical Negligence Assist, our panel of expert solicitors are experts in handling medical negligence cases in the UK. With years of experience, they are equipped in handling a wide range of claims, including:
- Medication error claims
- Hospital negligence
- Cosmetic surgery claims
- Delayed diagnosis claims
- Wrongful death
You might be interested in knowing that a medical injury solicitor from our panel may be able to help you on the basis of a No Win No Fee arrangement. We’ll discuss this in more detail further in the article, so continue reading to find out more. Alternatively, you can speak to our advisors at any time to discuss how our solicitors could help you.
What Is Medical Negligence?
Medical negligence is a form of medical malpractice, where substandard care has been provided by a medical professional to their patient. A claim could be made if your healthcare practitioner failed to uphold their duty of care to you and you suffered as a result.
There are many ways that this could happen; for example, failing to spot symptoms of an illness that would have been spotted if professional guidelines were properly followed. Alternatively, a GP may prescribe medication without checking the patient’s medical records for any allergies that could be triggered by it.
Claims could be made against a doctor or surgeon (either privately or on the NHS) during a medical procedure, diagnosis, or hospital treatment you received, due to their negligent action or inaction. A case for compensation might then be brought forward by a solicitor, providing that the case is still within the medical negligence claims time limit.
To find out if you can claim you will need to talk with a specialist solicitor, contact us on our live chat or call us for free legal advice.
Medical Negligence Claims Explained
It goes without saying that all healthcare professionals should do their utmost to prevent any harm or further harm to their patients. The majority of medical negligence is not intentional and simply down to human error.
However, if it is proven that another healthcare worker of the same standing could have avoided such a mistake from being made in the same circumstances, then its likely that a breach of duty has taken place.
Medical mistakes can have detrimental consequences for those involved and should never be taken lightly. For this reason, you may wish to pursue a claim.
In order for you to be able to make a claim, you must have suffered an injury or illness as a result, whether that be physically, mentally or otherwise. If a negligent incident has occurred but you were not caused any harm, then a claim may not stand up in a court of law. However, if you were harmed in any way as a result of a negligent incident, you may be able to make a compensation claim.
If you’re interested in starting a claim, please call our freephone number at the top of this page. A specialist advisor from our team will be more than happy to assist you with any questions you may have regarding your case. Alternatively, if you would prefer, you can fill in an online contact form where a clinical negligence solicitor can get back to you at a more convenient time of the day.
In the meantime, please read on to learn about the different types of medical negligence claims you could pursue.
The Latest Figures On Medical Negligence
According to the latest figures from NHS Resolution—the legal arm of the NHS—there has been a sizable increase in the number of claims made against them within the past year.
In 2018/19, the NHS saw 10,678 new clinical negligence claims, which was around the same compared to 2017/2018. However, in 2019/20, that figure jumped by just over 1,000, reaching 11,682.
In addition, it’s estimated by NHS Resolution that the total cost of harm arising from medical negligence in 2019/20 was around £8.3 billion, a truly significant figure.
What Are The Different Types Of Medical Negligence Compensation Claims?
Clinical negligence can lead to all sorts of harm, ranging from mild injuries that a patient will make a full recovery from to life-changing and debilitating consequences.
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 hard to come to terms with but you are not alone. Whatever your situation, you could be able to make a claim for your suffering, which could involve:
- A brain injury
- A childhood brain injury that leads to cerebral palsy
- Spinal damage or a neck injury
- A surgical injury or complication, such as a Never Event
- Anaesthesia related errors
- Cancer misdiagnosis or oncology negligence
- Orthopaedic negligence
- MRSA negligence
- Cosmetic and private treatment errors
- Care home and nursing home negligence
How Do I Make A Medical 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 the right to seek compensation for any damage you incurred as a result.
If you find yourself in this situation, our personal injury solicitors are here to guide you through the claims process and are committed to keeping 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 explain how we aim to recover our costs under the No Win No Fee agreement.
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.
Lawyers For Medical Negligence – How Can They Help Me?
Using a solicitor for a medical negligence claim could benefit you in many ways. Not only can they provide you with legal advice, but they will also be able to guide you through the claims process. This could include helping you gather evidence, arranging medical appointments and potentially negotiating compensation with the faulting party.
Additionally, claims will usually only accept your case if they believe that your claim has a chance of being successful.
The specialist medical negligence solicitors on our panel have lots of experience with various types of medical negligence claims. This could include medication errors, fracture misdiagnosis, birth injury and cancer misdiagnosis. Furthermore, the lawyers for medical negligence on our panel may offer to take on your claim under a No Win No Fee agreement, which will discuss more about in the next section.
To find out whether you have an eligible claim, contact our advisors today.
No Win No Fee Medical Negligence Claims – What Evidence Do I Need?
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. There are other ways to prove your injuries were caused by medical negligence.
- Medical records – You have the right to request your medical records at any time. They can contain information regarding your treatment, health conditions, and more. To give an example, if you were prescribed the wrong medication, the medication you were prescribed will be logged here.
- Visual evidence – Photographs of any physical injuries can come in useful during your claim.
- Witness contact details – Medical negligence solicitors in the UK can help you gather these, amongst other forms of evidence. There may have been a friend or relative who witnessed the act of negligence. They could submit a written statement.
All of the solicitors on our panel may be able to help you claim under an arrangement known as No Win No Fee. Medical negligence compensation could be owed to you; get in touch today to find out more.
Medical Negligence Claims – Time Limits
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.
To find out how to work with No Win No Fee solicitors for medical negligence claims, continue reading on. Otherwise, use our live support chat and our advisors will get back to you as soon as possible.
Medical Negligence Compensation Examples
Giving an exact estimate of compensation that should be awarded in any one case of medical negligence can be difficult as there are many aspects that are unique to each case to take into consideration.
Clinical negligence takes different forms and each case of negligence may be different to the next. What’s more, it affects people in different ways. Therefore, no two cases are exactly the same, so compensation is valued on the basis of how much suffering the claimant experienced.
If you’re looking for medical negligence compensation calculators online, beware that some of their figures can be inaccurate. It’s vital to remember that the amounts shown may relate to other cases that have underlying differences to your own. If you’d like a more accurate consultation, please get in touch with our team today for some free legal advice.
Can I Make A No Win No Fee Medical Negligence Claim?
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.
While you’re not obligated to hire a solicitor, they can help you in a variety of ways when making a claim. This can include assisting with the collection of evidence and managing negotiations with the defendant.
Under a No Win No Fee agreement, you could benefit from the assistance of specialist medical negligence solicitors without, usually, having to pay upfront fees or ongoing costs. You also usually won’t need to pay your solicitor any legal fees if the case proves unsuccessful.
If your claim is a success, then a success fee will be deducted from the awarded compensation. This is a legally capped percentage.
If you want to learn more about working with No Win No Fee solicitors for medical negligence claims, then you can contact Medical Negligence Assist for support at any time.
How To Choose No Win No Fee Solicitors For Your Medical Negligence Case
There’s a broad range of options available to those looking for No Win No Fee solicitors for a medical negligence claim. This in itself can create an issue—who do you know who to work with?
Help is at hand. Here are a few things to bear in mind:
- Do they offer No Win No Fee agreements? All reputable medical negligence lawyers offer the ability to pursue a claim on a No Win No Fee basis
- Check their reviews. Most solicitors have reviews on the likes of Google and Trustpilot so it’s worth taking a look at what past client thought of the service received
- Check their experience. Some lawyers take on cases without much knowledge of how to run them. It’s always best to work with specialist medical negligence solicitors
The solicitors on our panel have all worked on a No Win No Fee basis with clients in the past. They have vast experience, settling claims for millions of pounds. And they can help you too.
Get in touch with our advisors today. We are available 24/7 to assist you regarding your claim.
Medical Negligence Claims Solicitors – Do I Have To Stay Local?
Your choices for representation are not limited to local solicitors – as said, you could be able to work with medical negligence solicitors from any part of the country. You can liaise with your solicitor via phone calls, video chat and e-mail.
We recommend you choose a solicitor that best suits your needs. For example, choose one who has experience with medical negligence claims and possibly claims featuring your injury or illness.
Reviews and personal discussions can help you gain a better understanding of what a solicitor could offer you in your medical claim. Solicitors with plenty of positive reviews may be the best choice.
If you would like to learn more about medical negligence claims solicitors, please reach out to one of our advisers.
How Long Do Medical Negligence Claims Take?
This is quite a tricky question as all clinical negligence claims are unique. As no two cases are the same, each case can have its own complexities.
If the injuries aren’t severe and recovery is quick and the defendant admits liability early in the case, a medical negligence claim could resolve 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.
Medical Negligence Claims FAQs
Below, you can find answers to some commonly asked questions on medical negligence claims.
Will a complaint or claim affect a patient’s treatment?
It is important to remember that every individual has the right to receive healthcare of the expected standard as a bare minimum. No one chooses to be ill or injured. However, if they are unfortunate enough to be, then they must receive the appropriate treatment and in the correct timeframe.
If you’d like to make a claim while you’re receiving treatment or while you’re seeking it, this shouldn’t have an effect. If you’re unsure, please speak to one of our advisors today.
Is there a charity or support for clinical negligence patients?
Action Against Medical Accidents (AvMA) is a registered UK charity set up especially to provide patients affected neglect with support and justice. The charity provides free confidential advice, support and information to those who have fell victim to poor unacceptable healthcare and medical negligence.
Is there a support charity for medical neglect patients who suffer from mental health problems?
Mind is a recognised charity that offers support and legal advice to those who have mental health problems and have fell victim to clinical negligence. It is possible to find a legal guide and full information on medical malpractice by heading over to their website.
How to make a hospital complaint to the NHS?
On the NHS website, you can find the information you need on how to make an NHS complaint. In addition, you can get in touch today for free legal advice from one of our specialist advisors today.
Do I have to go to court for my medical negligence claim?
You may be wondering how many medical negligence claims involving the NHS make it to court. Well, you may be interested to hear that very few do.
In 2019/20, of the 15,550 claims dealt with, 71.5% were resolved without court proceedings. 27.9% of cases had to be issued, by which we mean that formal litigation was required. However, only 0.6% of cases made it to trial.
Based on these figures, it’s unlikely that you would have to go to court in relation to your compensation claim.
What type of medical negligence claims attract the highest compensation payouts?
If we look at the latest statistics from NHS Resolution, as of 2019/20, maternity claims were identified as the highest value area. In fact, they represented 50% of the total value of all clinical negligence claims they received.
This is understandable. Negligence during pregnancy or births can cause significant harm, such as debilitating brain damage. In 2020, Guy’s and St Thomas’s NHS Foundation Trust, for example, reportedly settled a claim of this nature for a massive £37 million, which makes it one of the biggest claims for clinical negligence in NHS history.
Learn More About Medical Negligence Claims
We have a wealth of information on our site covering all areas of medical negligence. Below, we’ve included links to other pages you may find useful:
- Birth Injury Claims
- How To Claim Against A GP
- How To Make A Claim For A Misdiagnosis
- NHS Hospital Negligence Claims
- Surgery Medical Negligence Claims
- Learn more about Medical Negligence Compensation
- What’s the Medical Negligence Time Limit?
- How to make a Dental Negligence Claim
- Learn more about Cerebral Palsy Medical Negligence
- And here for Cancer Misdiagnosis Claims
Thank you for reading about medical negligence today. We hope to have helped develop your understanding and are on hand to answer any questions if you’re still unsure.