If you or someone you care about has suffered because of medical negligence, our legal experts are here to listen and help. We specialise in medical negligence claims and will ensure you get the support and best outcome for your case.
What is medical negligence?
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Medical negligence, also referred to as clinical negligence, can occur when you have or should have received treatment and you have suffered an injury as a result. Clinical negligence can arise in a range of clinical and non clinical settings, from surgery to dentistry, physiotherapy to beauty therapy treatments . It can include but is not limited to misdiagnosis, consent, delayed treatment, or surgical and treatment errors resulting in an injury and other losses to you.
If you are unclear on whether you have experienced medical negligence, our specialist solicitors can offer expert legal guidance and assist you with finding the most appropriate course of action.
Legal support for medical negligence
It is beneficial to receive legal advice on medical negligence claims because compensation can only be awarded if the circumstances are proven to be negligent.
As all surgeries or medical treatments carry a level of risk, it can be difficult to understand whether there has actually been negligence or whether the operation or treatment through no fault of the medical professionals, has simply not been successful.
How do you prove medical negligence?
Typically, there are two criteria that you must prove to be able to make a successful medical negligence claim:
- The standard of care that you received fell below the accepted standard for your specific treatment (known as negligence)
- As a direct result of such negligence, you have suffered loss such as a physical or mental injury (known as causation)
To begin your claim, our solicitors will meticulously examine your case, taking time to review the issues with you, such as considering whether the processes and the risks were explained to you properly.
If we determine that you have a case, we will then discuss the next steps in order to progress your matter.
Types of medical negligence
Medical negligence is a complex area of law as it spans across multiple medical disciplines and can exist in multiple ways, for example failure to diagnose or surgical errors.
Some of the types of clinical negligence cases we support are:
- Birth injury claims
- Surgical errors
- Pressure sores
- Undiagnosed fractures
- Issues around consent
- Cosmetic surgery
- G.P. negligence
- Other practitioners’ negligence e.g., osteopath, chiropractor, physiotherapist, optician
- Dental negligence
Are you trusted medical negligence experts?
The medical negligence team at DMH Stallard have, collectively, decades of experience at successfully winning medical negligence claims of all kinds. We work with diligence and empathy, understanding how important it is that you get the answers you need and the support and compensation you deserve.
Call us to find out more. We pride ourselves in being approachable and a source of support, a first port of call for those in difficulty. We are happy to discuss any matter initially without obligation by calling 01293 585 630.
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Your questions answered about medical negligence
Is there a time limit on medical negligence claims?
Typically, claims for clinical negligence should be brought within three years either of the date of the negligent operation/treatment, or the date you first learned that there has been negligence.
In the event of a claim involving a child, then this date limitation may be 3 years from their 18th birthday.
There are other time limits which may apply and , we will advise you of these if applicable. Our specialist solicitors will work closely with you to clarify the most appropriate date based on the facts in your case.
How much will a medical negligence claim cost?
In most instances we offer Conditional Fee Agreements (“no win no fee“) for medical negligence claims. A Conditional Fee Agreement means that win or lose, Making a medical negligence claim will usually come at no financial risk to you.
How long will a medical negligence claim take?
The time a medical negligence claim takes is dependent on the case. There are multiple factors to consider, such as the extent of your injury and if the opponent accepts fault at an early stage.
Our clinical negligence legal specialists can support you throughout your entire claim; from making a complaint, right up to issuing proceedings and, if necessary, a trial.
What does a medical negligence claim involve?
The legal process of a medical negligence claim is dependent on your individual case; however, you can typically expect your case to include one or more of the following steps:
- Initial investigation
- Obtaining all medical records
- Obtaining a Liability report
- Letter of claim
- Liability response
- Condition treatment and prognosis report
- Issue of proceedings
Your case will be reviewed at each step and you will have the full support of our highly-qualified solicitors.
For a no obligation initial discussion with a medical negligence expert, you can call one of our friendly and knowledgeable team on 01293 585 630. Alternatively, you can submit a call request by visiting our contact page.