Medical negligence claims
Have you or a member of your family suffered an injury due to mistakes made during medical treatment? Our specialist medical negligence, also known as clinical negligence, solicitors can advise if you are eligible to make a compensation claim, and will fully explain the claims process with you during your free consultation.
Clinical negligence team of the year for the second year in a row
At the end of November 2020 we were proud to announce that we won the award for Clinical Negligence Team of the year for a second year in a row. The Clinical Negligence team and Divisional Head, Stephen Webber, were recognised for their achievements at the 2020 Personal Injury Awards – the leading annual awards ceremony for the sector.
Stephen Webber was crowned ‘Clinical Negligence Lawyer of the Year’ – with judges describing him as a “technically gifted lawyer” who “stood out” for contributing “so much to the Personal Injury sector.” Stephen is a Partner and Divisional Head of Individual Services and has worked as a Clinical Negligence Lawyer since qualifying in 1996.
We also scooped ‘Clinical Negligence Team of the Year’ – the second year in a row - with judges praising our “exceptional teamwork, holistic approach to casework and creative support during the COVID pandemic.” The team continued to work through some high-profile cases during the pandemic and were able to rise above the inevitable challenges. This included a landmark win in the first clinical negligence trial to take place ‘in-person’ during lockdown.
What is medical negligence?
Medical negligence is caused by unacceptable clinical treatment, resulting in unnecessary illness, injury or death. Health care providers have a duty to provide acceptable levels of care and treatment to their patients. A failure to do so which results in injury means that the patient being able to bring a compensation claim.
How do you prove a medical negligence case?
In order to succeed in a claim for negligence, we need to prove that:
- The doctor or other healthcare professional owed a duty to take care of the patient;
- There was a breach of that duty to take care;
- That breach of duty has caused harm to the patient; and
- Damage or other losses have resulted from that harm.
It is usually straightforward to show that a doctor owed a duty of care to a patient. To establish whether there was a breach of that duty, it is necessary to show that the doctor’s actions fell below a minimum standard of a reasonably competent doctor in that particular field of medicine.
In addition to proving that the doctor has failed to meet the relevant standard of care, we also have to establish that this failure either directly caused the injuries alleged or significantly contributed to them.
Our specialist medical negligence solicitors at Hugh James can provide advice and guidance regarding the test which will need to be satisfied.
We will give you an indication of the strengths and weakness of your case after having undertaken an initial free assessment.
How much compensation can you claim for medical negligence?
This really depends on your circumstances and the severity of your injury as a result of medical negligence. This can vary between individuals, but be rest assured that our specialist team of medical negligence solicitors have the experience to ensure that you and your family receive the maximum compensation you are entitled to. This year the team has recovered more that 30 million pounds in damages for victims of medical neglect.
Compensation will include an award for the pain and suffering caused by your illness. In addition medical negligence compensation can also be claimed in respect of care needs, financial losses, medical care and treatment.
How long does clinical negligence compensation claim take?
There are a number of factors that affect a medical negligence claim. These make it difficult to give an exact timescale and are affected by:
- The length of time it takes to collate all the necessary evidence
- Whether the allegations of negligence are admitted
- The nature of your injury
It’s important to consider all these factors as our specialist medical negligence solicitors need evaluate the true impact of your injury when calculating your compensation.
How can a specialist medical negligence solicitor help?
We have specialist medical negligence solicitors 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.
Why choose us for your medical negligence claim?
Our medical negligence 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.
Medical 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 £30 million in medical negligence 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.