Medical negligence

Have you or a member of your family suffered an injury due to mistakes made during medical treatment? Our specialist medical negligence solicitors can advise if you are eligible to make a compensation claim.

As one of the largest medical negligence practices in the UK, our lawyers are highly experienced and provide specialist services throughout England and Wales. We have claimed millions in compensation for our clients following injury, illness or death as a result of poor medical treatment.

If you believe you or a family member are a victim of clinical negligence contact our team of lawyers today, for free advice and guidance on pursuing a compensation claim, without obligation. If you decide to go ahead with your claim, we may be able to represent you on a no win, no fee basis which means that you wouldn’t have to pay any legal costs if your claim is unsuccessful. Further details on this agreement will be given during your free consultation.

Why choose us for your medical negligence claim?

Our solicitors have been top ranked by both the Chambers & Partners and Legal 500 independent legal guides for this area of law. We are the only top ranked firm for medical negligence in Wales and one of the largest practices in the UK. Our lawyers are highly experienced and can provide a wide range of specialist services.

For your convenience we also run regular free legal advice clinics where you can come along and discuss your situation with one of our specialist legal advisors.

These clinics cover a range of areas including medical negligence, a full list of upcoming clinics can be found here.

Follow us on twitter @HJSeriousInjury

Law Society Clinical Negligence logo  avma    apil     


What is medical negligence?

Medical negligence is caused by substandard treatment or care which has been provided by a health professional to a patient, resulting in unnecessary illness, injury or death.

Health care professionals have a duty to provide acceptable levels of care and treatment to their patients. In order to succeed in a medical negligence claim, we must prove that the treatment you received fell below a medically acceptable standard and that this caused an injury or contributed to making an existing injury worse.

Our expert solicitors will fully explain the claims process with you during your free consultation.

Making a compensation claim

We will arrange a free initial consultation to discuss the treatment in question. We will advise you thereafter whether we feel that you have a potential clinical negligence claim.

The usual first step in pursuing a medical negligence claim is to obtain medical records. After that, input from a medical expert is likely to be required to assess whether the treatment provided fell below a minimum standard of care. Depending on the outcome of the initial assessment by the expert, you may need to attend an appointment to be examined.

expert evidence will assist us in determining the strength of the clinical negligence claim and the allegations of negligence which can be put forward to the health care professionals responsible.

Depending on the injury suffered, we will obtain evidence in relation to your care needs to ensure that any rehabilitation costs, home adaptations or future treatments are fully considered.

The proces can be quite lengthy depending on the complexities involved with the case and the nature of the particular injury.

While we will make every effort to resolve the claim outside of court, it is possible that you may have to attend court if a resolution in not reached.

Even if court proceedings are commenced, this does not automatically mean that the claim will proceed to trial. The claim may still resolve before this time. If you do have to attend court, however, we will be at hand to assist and support you every step of the way so as to ensure that you are prepared and comfortable with the process.

Employing the services of an appropriate solicitor is key to pursuing a medical negligence claim.

If you live in England or Wales you should not limit your search for a solicitor to your local area. Any firm based within your jurisdiction can help. You won’t need to travel for meetings as your solicitor can travel to you, and will conduct the majority of your case via your preferred method of communication.

Our team is top ranked for their work in this area of law and are accredited by AVMA, APIL and The Law Society. We are also listed by Scope as medical negligence experts. Our solicitors provide free advice and guidance whilst investigating your claim and can organise free home visits when necessary.

Medical negligence claim time limits

Personal injury and illness cases are subject to time limits. It is best to contact a solicitor as early as possible to ensure your case can be dealt with.

Generally the time limit for a clinical negligence case is three years from the date the treatment took place or the date you were made aware that something had gone wrong. These rules can be extremely complex and varied and a lawyer will be able to check which time limit applies to you after some initial investigations. In some cases time limits can be extended.

If a child suffers negligent care, a claim can be made up until their 21st birthday. Claims relating to children must be made by an adult on their behalf.

If a claim is brought on behalf of someone who does not have mental capacity, the three year time limit does not apply. If however, mental capacity is regained, the three year period will start at this time.

We will further discuss these limits with you during your free consultation with us.

The cost of claiming

We will provide you with free advice whilst we investigate whether you have a case for compensation. After our investigations, we will tell you whether you have a reasonable chance of success, and you can therefore instruct us to act on your behalf.

If you chose to instruct us we can offer you a no win, no fee agreement where possible, meaning you won’t be charged legal fees if you are unsuccessful. If we do win your claim a success fee will be deducted from the damages you are awarded. All other legal fees will be covered by the defendant should the case be successful.

All the financial information will be discussed with you, free of charge, before you decide to instruct us.

How can our specialist clinical negligence solicitors help?

We have specialists based in London and south Wales who can help you investigate and pursue your case. We offer:

  • Free initial advice and guidance.
  • No win, no fee when appropriate.
  • Access to expert advice and reports on your claim.
  • Access to financial advice, together with welfare and benefits advice.
  • Access to leading barristers based nationally.
  • Access to ongoing clinical rehabilitation/treatment.

Why choose us for your medical negligence claim?

Our solicitors have been top ranked by both the Chambers & Partners and Legal 500 independent legal guides for this area of the law.We are the only top ranked firm for medical negligence in Wales and one of the largest practices in the UK. Our lawyers are highly experienced and can provide a wide range of specialist services.

Negligence claims can be difficult to prove so it is vital to have understanding and dedicated solicitors on your side to assist you through the process and ensure that you receive the maximum amount of compensation which you are entitled to.

  • Hugh James is one of the leading injury compensation claim firms for clinical negligence  in England and Wales.
  • Per annum we recover over £20million in compensation for our clients.
  • The legal guides say “Hugh James offers true clinical negligence expertise”.
  • We have offices in London and Cardiff and can represent clients without the need for lengthy face to face meetings.
  • We have a range of qualified staff including a former midwife, qualified nurse executives, welfare benefits advisors, medical records officers and qualified social workers to ensure your case has the best possible chance of success.
  • We can advise you on all aspects of your claim, which includes social services involvement, financial advice and rehabilitation.
  • AVMA, the medical negligence charity, and the Solicitors Regulatory Authority recognise us as experts in medical negligence.

Case studies

Claimant awarded £10,000 in respect of negligent treatment that her late son received from the time of his birth until the time of his death, aged nine days

The claimant was admitted to Homerton Hospital in July 2011 at 33 weeks gestation.  She was suffering from sickle cell disease and was treated with antibiotics and analgesia.
Read More


Claimant awarded £18,000 as a result of a delay in performing hip replacement surgery

On 2 December 2010, the Claimant attended her GP Surgery and it was noted the Claimant was suffering with hip pain. X-rays confirmed she was suffering from osteoarthritis, worse on the right than the left and she was referred for a surgical opinion.
Read More


Claimant awarded £45,000 on behalf of his late wife for a failure to diagnose metastatic cancer.

The claimant’s wife was diagnosed at the age of 40 in 2006 with cancer of the left breast which was treated appropriately with surgery, radiotherapy and endocrine treatment.
Read More


Claimant awarded £30,000 as a result of negligent failure to offer the correct orthodontic treatment options and subsequent unnecessary removal of teeth.

This case concerns a claim against a private orthodontist and medical issues concerning maxillofacial surgery and psychiatric treatment.

The Claimant was first seen by the defendant in September 2007. During that appointment it was confirmed that she would require orthodontic treatment. The Claimant was not advised of any underlying skeletal problem, nor was she advised that the option of surgery was available to her. She subsequently underwent the removal of all four first premolar teeth and fixed braces were applied.
Read More


Claimant awarded £35,000 due to a negligent failure to identify bowel obstruction prior to perforation, followed by a delay in undertaking surgery which in turn led to widespread contamination of the peritoneal cavity.

R v Medway NHS Foundation Trust was a medical negligence case concerning the delay and failure to diagnose a bowel obstruction and failure take appropriate steps to remedy this prior to perforation. It also concerned allegations that A&E should have admitted the claimant’s husband on two earlier occasions and that radiology results were misreported.
Read More


Claimant awarded £65,000 due to mismanagement and negligently performed surgery on her ingrowing toenail.

S v Dr. Subhash Kaushal was a medical negligence case concerning treatment provided to a 17 year old claimant by her GP in respect of the management of her ingrowing toenail.
Read More


Claimant awarded £195,000.00 due to negligence: Surgeon chooses wrong procedure resulting in a misdiagnosis of incurable cancer
Summary of Events

B v Princess Alexandra Hospitals NHS Trust was a clinical negligence case concerning the claimant’s surgery on 28th August 2009 to fix a leak in her colon arising after an operation called a “laparoscopic sigmoid colectomy”.
Read More


Hugh James recovers £190.000 for a client who was advised by his original solicitors that a claim could not be made.

Andrew Davies settled a case of gallbladder surgery negligence brought against Cwm Taf Local Health Board, where damages totalled £190,000.

The claimant (AJ) underwent surgery in 2001 after being diagnosed with stones in his gallbladder and bile duct. AJ underwent a procedure known as endoscopic sphincterotomy to remove the gallstones. After the procedure he began to suffer recurring pain and illness and over four years later in November 2005 was readmitted to hospital. Tests revealed that the gallbladder had become inflamed and required removal.  AJ was placed on a waiting list for gallbladder removal surgery and given antibiotics as a course of treatment.
Read More


Hugh James recovered almost £5million for client against Great Ormond Street Hospital for breach of duty.

Mrs E’s son developed epilepsy at the age of 7 and despite changes of medication continued to suffer erratic seizures. He was referred to a Consultant Neurologist at Great Ormond Street Hospital where it was decided to reduce the dose of his medications in an attempt to provoke his seizures in order for them to be recorded.
Read More


Over £1million recovered against the Prince Charles Hospital in Merthyr.

Following a road traffic accident Mr P suffered multiple injuries and was admitted to the Prince Charles Hospital. He had suffered serious, but not apparently life threatening injuries. He had fractures to his right femur, right foot, and left ankle. There were concerns however that he may also have suffered internal injuries.
Read More


Testimonials

Highly regarded for its handling of a broad range of work, including brain injury cases, fatal claims and public inquiries. Recent work highlights include several high-value cerebral palsy claims.

Stephen Webber is noted for a range of clinical negligence work including public inquiries and is commended as ‘excellent for high-value brain injury claims.’

Mari Rosser focuses on brain injury claims for adults and children as well as fatal claims. Sources highlight her ‘huge reservoir of experience – her judgement is very impressive.’

Andrew Davies is praised as being ‘always on the top of his game – very, very thorough in preparation.’ He is well regarded for brain injury and paralysis cases and has also developed a niche practice in negligent gall bladder surgery and compartment syndrome claims.
Chambers UK 2015

‘Innovative and hardworking’, Hugh James is a ‘market leader’ which is establishing a strong national presence. It is one of eight firms recognised nationally by SCOPE, and is also instructed by the Community Health Councils in Wales. Stephen Webber and Mari Rosser are ‘real stars’, and Andrew Davies and Hannah Williams are also recommended. The team draws on support from the firm’s Court of Protection, social worker and speech therapist departments.
The Legal 500 2014

“I have just come to the end of the above medical negligence case handled by Grainne Barton. I wanted to write on behalf of my wife and I to let you know of our sincere appreciation and gratitude to Mrs Barton in her handling of the case. We were always kept informed of any progress and always received a response to our emails, sometimes even late at night. Mrs Barton’s commitment to me as a client was exemplary, she was empathetic, approachable and very thorough and although always professional, was down to earth with a good sense of humour and made us both feel at ease. She many times put our minds at rest but did so without giving any false hope.

You have a great Solicitor representing your company and although a negligence case is stressful at times and not a nice thing to go through and we are glad it is all over, it was made easier knowing that Mrs Barton was fighting the case and was behind us all the way.”
Client testimonial

“I consulted Hugh James after being disappointed by the advice I received from my former solicitor. The team at Hugh James were very professional and had reassured me that there was merit in my claim. They did everything possible to assist me during this difficult period, thank you”
Client testimonial

“You have always been clear with your advice, prompt with your responses and sensitive in dealing with what is of course a stressful business. I will not hesitate to recommend your firm’s services in future, and please accept my thanks for an excellent service from a first class solicitor.
Client testimonial



Latest Tweets
Our Offices

Cardiff
Hodge House
114 - 116 St. Mary Street
Cardiff, CF10 1DY
Tel: 029 2022 4871
Fax: 029 2038 8222


London
Temple Chambers
3-7 Temple Avenue
London, EC4Y 0DA
Tel: 020 7936 3453
Fax: 020 3053 8562


Make an enquiry
ISO 9001 Management Systems BWPNG