Medical Negligence

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.

We have specialists 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; and
• Access to ongoing clinical rehabilitation/treatment.

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 ranked in both directories 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 medical negligence in England and Wales.
• Per annum we recover over £20 million 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.

We offer free drop-in legal advice sessions across south Wales for you to come and discuss your medical negligence compensation claim with us. If you are unable to attend one of our medical negligence advice clinics, contact our legal advisors by phone for a free consultation, or to arrange a home visit.

All of our free legal advice clinics are drop-in sessions meaning no appointment is necessary, a full list of all the upcoming sessions is available here. 

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.