Medical Negligence Claims
Medical Negligence Claims in the UK: Your Path to Justice
Understanding Medical Negligence
Medical negligence occurs when doctors, nurses, or other healthcare professionals make mistakes or fail in their duty of care, resulting in injury or the worsening of an existing condition. This might involve misdiagnosis, incorrect treatment, surgical errors, or other shortcomings in meeting the required standard of care. It is essential to demonstrate that you have suffered significant damage and that the carelessness directly caused your injury. Our team are dedicated to helping you secure the justice you deserve.
Initiating Your Claim
The first step in making a claim is to arrange an initial appointment with our legal professionals. During this consultation, we will review the specifics of your case and advise you on the compensation you may be entitled to. It is vital to act promptly, as claims generally need to be filed within three years of discovering the negligence, with exceptions applicable for children and vulnerable adults.
Gathering Evidence and Building Your Case
Early acknowledgement of an error by the healthcare provider may enable the arrangement of interim compensation to cover immediate expenses. Our team will meticulously compile all necessary evidence, including medical records, expert assessments, and witness statements, to strengthen your case. This comprehensive approach ensures that every detail is considered when establishing the link between the negligence and your injury.
Our Approach: Efficiency and Transparency
Efficiency and openness are the cornerstones of our service. Knowing that our primary concern is your best interests enables you to pursue your claim with confidence. For further support on the financial aspects of your claim, please visit our financial remedies page.
Additional Resources
If you are negotiating settlement terms, our advice on settlement agreements can be extremely helpful. Additionally, you may find useful information on how issues of medical negligence intersect with broader rights matters by exploring our pages on human rights law and administrative law.
Expert Support and Guidance
With over 12 years of specialised experience in legal services and dispute resolution, we are committed to providing professional, empathetic support throughout the medical negligence claim process. Our aim is to secure the compensation you are due, help you understand what went wrong, and ensure you receive the apology and accountability you merit.
Take Action Today
If you are ready to pursue justice for medical negligence, please get in touch with us now for a discreet consultation. We are here to support you at every stage, ensuring that you obtain fair compensation for your injuries and access professional legal advice. Remember, you do not have to face this challenge alone.
Ready to talk? Book a free 15 mins Consultation
Frequently Asked Questions
How do the Bolam and Bolitho tests decide whether treatment was negligent?
The Bolam test asks whether the clinician acted in accordance with a responsible body of medical opinion skilled in that field. Bolitho refines this by requiring that the supporting body of opinion can withstand logical scrutiny. Together they set the legal standard of care; an expert report from an independent specialist is normally required to prove a breach.
How long do I have to bring a medical negligence claim?
Generally three years from the date of the negligent treatment, or from the date you first knew (or reasonably should have known) that you had been injured by it. Different rules apply for children, who have until their 21st birthday, and for those who lack mental capacity, where time may not run at all. We always recommend taking advice as early as possible.
Do I have to sue the NHS, and how does NHS Resolution fit in?
Most clinical claims against NHS bodies in England are managed and indemnified by NHS Resolution, which handles letters of claim, expert evidence and settlement on behalf of the relevant trust. Claims can also be brought against private hospitals and individual clinicians. Bringing a claim does not deprive you of ongoing NHS care.
What is causation and why does it matter so much?
Even where a breach of duty is admitted, you must also prove that the breach caused (or materially contributed to) the injury complained of. This is often the most contested element in clinical claims because patients are frequently already unwell. Independent expert evidence on what would have happened with proper care is central to overcoming a causation defence.
How is compensation calculated in medical negligence cases?
Damages are split into general damages (assessed by reference to the Judicial College Guidelines for the pain, suffering and loss of amenity caused by the additional injury) and special damages (financial losses such as past and future loss of earnings, care, treatment, equipment and accommodation costs). Severe and lifelong injuries can attract very substantial awards, particularly where future care is required.
Can I claim on behalf of a child or a relative who has died?
Yes. A parent or litigation friend can bring a claim on behalf of an injured child, with court approval required for any settlement. Following a death caused by negligence, the deceased’s estate and statutory dependants may be entitled to bring claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. We can advise sensitively on the right route.
Get in Touch
Please provide as much information as you can using this form. This will help us save time by having the most appropriate and relevant team member to contact you.
If you prefer not to share information in writing, you can request a callback using any of the other forms above.
Please make sure to send us your mobile number and email address so that we may contact you promptly.
Have Information to Share?