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Medical & Clinical Negligence Compensation Claims

We willingly place our trust in the NHS and have always taken great pride in our national health service; however things still can and do go wrong. Sadly it is inevitable that errors and misjudgement is made. In health care mistakes, delays in treatment, misdiagnosis and malpractice can lead to very serious complications and even on rare occasions result in death.

What is Medical & Clinical Negligence?

Medical & clinical negligence is when care from a medical professional drops to a substandard level and causes injury or worsens a pre-existing health condition. This can happen due to misdiagnosis, delayed diagnosis, delayed or incorrect treatment and surgical errors. If your care or treatment was substandard you might have a claim. Contact one of our specialists on 01252 471 219 if you feel you have experienced negligent care.

Common types of medical negligence claims:

Birth injury claims – we represent clients seeking compensation for injuries suffered by the mother or baby during pregnancy or childbirth including cerebral palsy and C section errors.
Claims against the NHS
Hospital & GP claims
Misdiagnosis & delayed diagnosis claims – this can include cancer misdiagnosis claims such as breast cancer , bowel cancer , and cervical cancer .
Surgery & surgical error claims – errors encountered during or as a result of surgery including foreign objects left in patients after surgery , keyhole surgery errors, amputation errors, mistakes in anaesthesia and nerve damage due to negligence.
Diabetes claims – including misdiagnosis and complications caused by delayed or negligent treatment of diabetes.
Negligent medical treatment – claims including failure to monitor patient, resulting in injuries such as ulcer & pressure sores.

<< View all medical negligence claims here

Are there different types of medical negligence claims?

Negligence claims fall under many different categories. An experienced solicitor will be able to advise which type of medical negligence your case falls into.

Contributory negligence
This is where it is decided that the victim is responsible for the injury and as expected in these cases no compensation or damages are awarded.

Comparative negligence
With comparative negligence it is found that the victim was also partially responsible for any injury received. In these cases it usually takes a court to calculate the balance of blame between the victim and the hospital / medical practitioner.

Vicarious liability
Vicarious liability is a top-level claim against the organisation responsible for management of the medical practitioner that caused the personal injury. An example of this would be the NHS who employs a nurse who accidentally administered the incorrect medication during an operation.

Gross negligence
Gross negligence is the most serious of negligence cases and relates to injury sustained due to a complete disregard for the health of the victim by the practitioner. All medical professionals have a duty of care and a duty to keep the health of a patient at the forefront of their profession. Gross negligence cases see this duty absent. These cases will always see a court case due to the seriousness of gross negligence with medical practitioners often having their licenses revoked if found guilty. Licenses can only be revoked via a court case. Read more about gross negligence here.

Can you bring about a claim?

Call for a free no obligation chat with our specialist malpractice lawyers

Get the compensation you rightly deserve

The law stipulates you are entitled to compensation if you suffer injury or disability by another’s actions. It is important that you get the compensation you deserve to help with the financial burdens that can be brought about by clinical negligence. Compensation is there to recompense for loss of earnings, pain and suffering and future care. Get the compensation you rightly deserve and talk to one of our specialists solicitors today. Did you know the majority if claims we make against the NHS are settled without the need to go to court.

Can you make a claim?

We will need to prove that the symptoms you are suffering from came directly from treatment you received, and that treatment was a case of negligence and not from a pre-existing illness or condition.

About Your Claim

How much can I claim?

How much you can claim will depend on a number of factors related to the injury received. Some of those factors are listed below:

Degree of pain, suffering and ongoing problems caused
Loss of earnings from being unable to work / return to work
Support and care that you need now and in the future related to your injury
Support for modifications made to your home
Specialist mobility equipment required

What is the claims process?

The first thing to do is to get in touch with us so we can provide a free consultation and discuss your case. We can quickly work out if you have a claim by asking a few questions. We will also let you know if you will benefit from a No win no fee arrangement. If after your free consultation you decide to proceed with a

Investigation Stage 
We need to determine the extent of your injury and any monetary losses directly related to your injury / illness. It may be necessary to have a medical examination carried out to accurately identify your injury and assess your suffering.
compensation claim we will proceed with the stages below.

Compensation Calculation 
We will calculate how much compensation you are likely to receive from a successful claim taking into account the various factors associated with your injury including loss of income, pain and suffering, medical expenses and future expenses including future care and specialists equipment and any modifications necessary to your home. We then will put this amount to your opponent and they have two options. Accept the claim, or contest the claim.

Conclusion
If your opponent accepts then you will be awarded the compensation due. If they do not accept the claim then the next phase will be court proceedings. Please not this does not always mean a case goes to trial it simply means a court takes over management of the case where an opponent still has the opportunity to settle your claim. If you have to go to court rest assured we will be with you every step of the way. And remember if we agreed to handle your claim under a no win no fee agreement then you will not have to pay anything if your claim was unsuccessful.

How long do I have to enter claim for clinical negligence?

As with almost all compensation claims of this type you have three years from the date of the injury / illness caused to start a claim. Sometimes there are exceptions, for example people unable to make their own legal decisions such as children or adults unable to make their own legal decisions.

In the case of defective medical equipment / products a claim must also be made within 10 years of that product going into circulation. This cannot be extended. Time limits are always on a case by case basis. We can of course help identify this when investigating your claim.

GET FREE ADVICE
24hr Claims Helpline 01252 471 219

Common questions you might have about your claim

Can I sue for negligence

Check that your medical issues are grounds for negligence, and not a simple complaint procedure. You might very well have a claim if duty of care has been beached leaving you with injury, pain or loss.

Can I Sue?

Common medical errors

Read about common medical errors and mistakes made by hospitals & hospital staff. Even the most highly trained and conscientious surgeons, doctors and staff can on occasion make mistakes.

Claim against the NHS

If you have suffered from physical or even psychological harm from substandard treatment by the NHS it is possible you can claim against the NHS for medical negligence compensation. Call our claims helpline for free advice on 0843 320 9180

NHS Claims