Medical Negligence Claims

At Claims, when you speak to a legal adviser for the first time, they’ll be able to let you know whether they think your claim will be successful. But if you don’t end up getting any compensation, the no win no fee promise means that you won’t have to pay your injury solicitors any money.

With no win no fee, there aren’t any upfront charges or hidden costs either. If you do win your case, your medical negligence solicitor will charge you a ‘success fee’ as a percentage of the compensation you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it.

Although it’s rare, your solicitor will let you know before starting your claim if you don’t qualify for no win no fee.

When medical negligence happens, any medical practitioner – whether they are private or in the NHS – can be held liable for your injury. Medical negligence doesn’t always need to involve a stay or visit to a hospital. Many treatments, such as cosmetic procedures or dental work, can cause serious injuries if they go wrong. You have every right to make a compensation claim, whether it’s from a large NHS trust or a small private clinic.

There are many different types of medical negligence, so you might be unsure whether you could make a claim following your experience.

Generally, a solicitor can help you make a compensation claim for any negligent treatment if it occurred in the last three years, or if it became apparent in the last three years that the treatment you received was substandard and caused your condition to get worse.

Yes, the majority of the time you can make your medical negligence claim on a no win no fee basis.

When you speak to a legal adviser for the first time, they’ll be able to let you know whether they think your claim will be successful. But if you don’t end up getting any compensation, the no win no fee promise means that you won’t have to pay your injury solicitors any money.

With no win no fee, there aren’t any upfront charges or hidden costs either. If you do win your case, your clinical negligence solicitor will charge you a ‘success fee’ as a percentage of the compensation you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it.

Although it’s rare, your medical negligence solicitor will let you know before starting your claim if you don’t qualify for no win no fee.

After suffering from an injury due to medical negligence, it can be difficult to think about anything other than getting better. Because of this, making a compensation claim might not be the first thing on your mind, but it can help you get the support, treatment and finances you need.

Aside from the emotional effects and your physical pain and suffering, your injury might also have been financially expensive. For example, you may have had to pay for private medical treatment to put your injury right, or you might have received reduced pay while taking time off work.

A specialist medical negligence solicitor will make sure you’re covered for all the impacts of your injury – they’ll work hard to understand what you’ve been through so that they can ensure you get the full amount of compensation you deserve.

They’ll also take into consideration any likely future impact of your injuries or condition. For example, if your injury is particularly severe it might affect your future job opportunities, or you might need ongoing care and support which can be costly.

However, there’s no need to worry about being swamped with paperwork or confused by legal terms. Your solicitor will be able to do most of the hard work for you – they’ll negotiate your compensation for you, and keep you up-to-date with any developments.

If you still have questions about making a medical negligence claim, or would like to find out whether you could make a case, you can speak to a trained legal adviser for free on 0800 234 6438.

The amount of time it takes to make a medical negligence claim can vary hugely depending on the complexity and severity of your case, and whether responsibility is admitted. A simple claim can take between a few months to a couple of years to complete, while difficult or high value cases can take years to conclude.

When making your case, your solicitor might need to prove that the other party caused your injury or is responsible for making your condition worse – and this can take time. Your solicitor will pull together a lot of evidence and will use specialist opinion and medical reports to prove that you received substandard care.

Even if liability is admitted by the other side it can take time to negotiate a fair settlement.

The amount of compensation you could be awarded from your medical negligence claim will depend on how severe your injuries are, both physical and emotional injuries, and any financial losses you’ve endured or are likely to endure as a result of your injuries.

The compensation award will be broken into two parts:

• Special damages: these cover tangible financial losses and expenses that directly result from the medical negligence. These include costs such as medical bills, rehabilitation expenses, lost earnings due to inability to work, etc.
• General damages: these cover non-monetary losses and intangible harm you’ve suffered as a result of the medical negligence. General damages include things such as pain and suffering, emotional distress, loss of enjoyment of life, and any other non-economic impacts on your well-being.

We’ve included some rough examples of compensation amounts for specific medical negligence injuries:

• Severe heart damage – £94,470 – £140,870
• Loss of an arm below the elbow – £90,250 – £102,890
• Serious damage to the digestive system – £40,370 – £58,100

You can also try our compensation calculator which estimates the amount of compensation you might receive based on your answers to some simple questions.

The majority of medical negligence cases are settled without you needing to go to court.

Your clinical negligence solicitor will always try to settle your claim as quickly as possible by negotiating with the other party’s insurers or solicitors. This means they can usually bring the case to a close before it needs to go to court.

But if, for example, the other party refuses to negotiate or has been slow to respond, then your solicitor might recommend issuing court proceedings. They’ll usually do this if they think it gives you the best chance of getting you a fair compensation pay out.

If your case does go to court, there’s no need to worry. It can seem daunting, but your solicitor will be able to support and advise you through the process. In some cases, they might even be able to appear in court on your behalf if you prefer not to be there.

If you were given substandard treatment as an NHS patient your claim will probably be against the particular NHS trust which manages the hospital/clinic where you were treated. NHS Resolution is the organisation which handles claims made against the NHS, and they are who your solicitor will likely deal with when claiming compensation for NHS negligence. If you received the treatment as a private patient, your claim will be against the provider itself – though in practice, it will be against its insurance company. When you give your solicitor the details of who treated you and where, they will be able to explain who should be held responsible for your injury or condition.

For medical negligence claims, you should aim to start a compensation claim as soon as possible while your memory is fresh and while your treatment is still ongoing. Starting earlier also often makes it easier to track down witnesses such as other doctors and nurses.

You have up to three years to start legal proceedings after medical negligence, otherwise you could be prevented from making a claim under the Limitation Act 1980.

The three-year time limit starts from the date of the poor treatment you received; or three years from the date of ‘knowledge’, i.e. the date on which you first became aware that the substandard treatment you received directly caused your injuries or condition.

If you’re claiming on behalf of a child, you have until they turn 18 to make a claim (they then have until they are 21 to make a claim in their own name). If you’re claiming on behalf of someone under a mental disability, this three-year period doesn’t start until they’ve regained their mental capacity.

In most cases, it will be obvious when your treatment took place. However, the relevant ‘date of knowledge’ might not always be clear cut. Your solicitor will be able to help you with this.