Clinical and Medical Negligence

While going into hospital or to the dentist can be stressful at the best of times, it can be made all the worse if something goes wrong.

In these circumstances it is natural to want answers: what went wrong; how can it be put right; will I recover; and how can I stop it happening to someone else?

People do not always want financial compensation.  Some people just want an answer as to what happened and an apology. We recognise that litigation is not always the answer.

Our team of specialist personal injury lawyers can help you get those answers, identify the right course of action for you and, if appropriate, help you pursue a claim.

What our personal injury lawyers do

All surgery and treatment carries some risk and just because an operation or procedure did not turn out as expected, this does not automatically mean that this is the fault of the doctors and nurses.  Compensation can only be awarded if the treatment was negligent, that is if the standard of care fell below the standard generally accepted for that type of treatment. We will review these issues with you. We would also consider whether the process and all risks were properly explained to you.

Our specialist team will help you through this complex area and support you through the lengthy process at every step.

Among the types of clinical negligence cases we support are:

  • Birth injury claims
  • Misdiagnosis
  • Surgical errors
  • Pressure sores
  • Undiagnosed fractures
  • Informed consent
  • Cosmetic surgery
  • G.P. negligence
  • Other practitioners’ negligence e.g. osteopath, chiropractor, physiotherapist, optician
  • Dental negligence
  • Inquests

Our clinical negligence claims service

Our clinical negligence specialists can support you through your entire claim, from making a complaint right up to issuing proceedings and, if necessary, a trial.

The legal process will typically involve the following steps and your case will be reviewed at each stage:

  • Initial investigation
  • Obtaining all medical records
  • Obtaining a Liability report
  • Letter of claim
  • Liability response
  • Condition treatment and prognosis report
  • Issue of proceedings

Time limits for making a claim

Claims for clinical negligence have to be brought within three years either of the date of the negligent operation/treatment or the date of you first found out that there had been negligence. If the injured person is a child then this date is 3 years from their 21st birthday. There are other time limits which may apply and we can advise you of these if applicable.

Making a complaint

Initially you may wish to speak to your medical practitioner.  They may be able to explain to you what happened and answer your questions.   Some matters are resolved at this stage.

If however you are still not satisfied with the answers you can make a formal complaint.  This process may help if you want an explanation or an apology but it will not award you any compensation.

The hospital/surgery may undertake its own investigation and produce an outcomes report.  You can ask to be involved in the investigation process and ask to see a copy of the report.

Funding

The majority of the clinical negligence cases that we deal with are on a Conditional Fee Agreement basis (no win no fee) which means that, win or lose, there is no risk to you. 

Click here to read more about our other Personal Injury services.

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