Medical Negligence

The aim of any compensation is to improve your quality of life, whether this pays for specialist care or simply home adaptions. Our goal is to get you back to normality as quickly as possible and that’s we put out client health at the forefront of our mind when dealing with your medical negligence claim.

We will look at the compensation for your injuries as well as the financial losses you have as a result of medical negligence. Compensation is made up of general and special damages.

General  Damages

General damages compensate you for the injury itself: the pain and suffering you have already experienced and will continue to go through and what you are no longer able to do as a result of medical negligence.

In order to accurately inform you of the level of damages that you may be awarded, we will arrange for specialist reports to be obtained from various leading medical and legal authorities. They will examine you and have access to your medical records and be able to provide an accurate diagnosis and prognosis within their report. Once this evidence is in place we will be able to notify you how much we think that your claim is going to be worth.

Special Damages

Special damages are to compensate you for any past or future losses that have incurred or will incur as a direct result of the medical negligence which caused your injuries.

Past losses include:

• private medical treatment and rehabilitation;
• prescription charges/medication;
• the purchase of aids and appliances;
• loss of earnings;
• travel expenses;
• care costs;
• personal belongings and clothing damaged in the accident; and
• housing adaptations.

Future losses can include:

• future loss of earnings;
• loss of pension;
• accommodation costs;
• future private medical treatment and rehabilitation;
• care costs; and
• aids and appliances.

This list is not exhaustive and we will carefully consider your situation and will try to anticipate your future needs. 

We suggest that you start to keep a list of things that you have had to pay for since, and as a direct result of the medical negligence injury. We will need to prove the financial losses and documentary evidence such as wage slips, receipts and invoices will be very important in proving your special damages claim. In addition, it may also be sensible to keep a log or brief diary of problems that you encounter as this will help us to prepare comprehensive witness statements.

Our specialist medical negligence solicitors will be able to guide you through the claims process if you have been injured by health care professional.

In certain circumstances you will be able to claim on behalf of someone who doesn’t have mental capacity, a child, and if a loved one has died as result of medical negligence.

Claims for people without mental capacity

If someone is unable to manage their affairs or has trouble making sensible decision about their finances, you will be able to make a claim on their behalf.  

Claims on behalf of children

If a child or a young adult under the age of 18 has been injured as result of medical negligence, you can make a claim on their behalf.  In these instances you will be appointed as a “litigation friend”.  This is often a parent or guardian and you will have to show that you have the child’s best interest and act fairly.

If compensation is awarded to the child this will normally be paid to the court and put in an investment account so it can be accessed when the child turns 18.  When small amounts of money are involved this is usually paid to you as the litigation friend.

Fatal negligence claims

The death of a loved one is an extremely difficult and challenging time. Making a medical negligence claim will be the last thing on your mind, but if you have suffered financial loss and ongoing financial problems as a result of the death, then a solicitor may be able to help.

You should consider:

• The financial impact.
• The psychological implications to you and your family as a result of the death.
• And whether seeking professional support or counselling will be of any benefit.

Time limits are in place for this area of law. These time limits can be complex and varied, however, the general limit is three years from the date the injury happened or the illness was diagnosed.

If you would like further information about making a fatal medical negligence claim, contact our team of expert solicitors for a free, no obligation, consultation.

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 medical 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 medical 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 and included as part of your claim.

The process 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 is 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 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.

Personal injury and medical negligence 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 medical 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 discuss the time limits with you during our initial consultation.

We will provide you with our free initial opinion in relation to your claim. After our assessment, we will tell you whether you have a reasonable chance of success, and you can instruct us to act on your behalf.

If you choose 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 your claim is successful, compensation will be awarded to you. A success fee will be deducted from the compensation. 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.

Only a small percentage of medical negligence claims brought will actually proceed to trial though we do prepare every case in depth to make sure we are ready should it go to court.

The medical negligence system is geared towards encouraging parties to be open with each other so that any claims for compensation can be settled without the need for going to court, which can save both time and cost.

A lot of people are naturally nervous and uncomfortable about going to court.  We understand this and will advise you every step of the way, should your case reach a trial.