Medical Negligence Solicitor

Medical negligence lawyers handle a broad spectrum of clinical negligence cases against NHS trusts, private healthcare providers, private hospitals, and medical professionals. The spectrum of errors that can give rise to medical negligence claims is vast, but some of the most common include the following:

• Surgical errors
• Medical malpractice
• Medication errors, such as administering an incorrect dosage or prescribing the wrong medicine
• Missed, delayed, or inaccurate diagnoses
• Errors made during pregnancy or delivery
• Anaesthetic errors
• Use of defective medical equipment

Depending on the circumstances, you might make a claim against the NHS, a private healthcare provider, a private hospital, or another type of healthcare provider.

Both medical negligence solicitors and personal injury solicitors are dedicated to helping individuals who have sustained harm due to negligence to hold the wrongdoer to account and claim compensation.

However, that does not mean that they possess the same expertise and experience. In fact, their skill sets can be very different, so choosing the right specialist solicitors to handle your case is crucial.

Personal injury solicitors specialise in assisting victims of accidents that did not arise in the context of medical treatment. These might include the following:

• Accidents at work.
• Accidents in public places.
• Road traffic accidents.
• Product liability claims.

Most personal injury lawyers deal with the sorts of personal injury claims mentioned above every day. As a result, they are well-versed in matters such as the evidence needed to make a claim, the type of expert whose input can be critical to the outcome of the matter, the Court’s approach to the kind of case in hand, and the amount of compensation likely to be awarded. 

By contrast, specialist medical negligence solicitors focus on representing clients who have received negligent treatment from a medical practitioner. They not only understand the legal principles and Court rules applicable to medical negligence claims (which differ from those governing personal injury claims), but they also possess a deep understanding of medical practice and procedure.

This dual expertise is vital in securing the best outcome for their clients since medical negligence claims often hinge on the evidence of the healthcare experts called to provide their opinion on pertinent issues such as whether the care given was substandard and the victim’s prognosis.

Obtaining evidence from the appropriate expert and being qualified to assess and interpret it is crucial to a medical negligence solicitor’s role.

Yes, most medical negligence lawyers believe that victims of substandard care should be able to claim medical negligence without taking on the financial risk of legal fees. That’s why many undertake medical negligence claims on a no win, no fee basis.

Under a no win, no fee agreement, you do not pay your solicitor’s legal fees unless and until your clinical negligence claim succeeds, either following settlement negotiations or at trial. This means that, with a no win no fee medical negligence claim, there is no financial risk to you in claiming compensation for the pain, suffering, and economic losses you have endured.

Save in exceptional cases, or those involving financially eligible children who sustained a brain injury during pregnancy, birth, or shortly afterwards that resulted in severe disability, legal aid is generally not available in clinical negligence cases.

Your medical negligence lawyer will explain your funding options, including legal aid and bringing a no win no fee medical negligence claim, when you meet to discuss your clinical negligence claim.

If they accept your case on a no win, no fee basis, they should explain the terms of their specific no win no fee agreement to you and ensure you are happy with its terms before you sign.

We expect healthcare professionals to be suitably qualified and take good care of us. Luckily, most of the time, they do an outstanding job. However, sometimes things can unfortunately go wrong and when they do, the effects can be catastrophic.

The victim can be left suffering from not only physical pain or mental health problems, such as post-traumatic stress disorder, but they may also be worried about what the future holds for them and their family.

An initial chat with medical negligence lawyers can help put your mind at ease by clarifying your rights and giving an initial steer on the amount of medical negligence compensation you can expect to receive.

It’s important to understand, however, that all medical negligence claims are different, and your solicitor is unlikely to be in a position to accurately assess how much compensation you can expect until they have had a chance to fully review the evidence.  

You do not need to do anything before you speak to a medical negligence solicitor; most offer a free, no obligation consultation at which they will advise you whether you are eligible to bring a claim. Having said that, the more evidence you can collate before you meet with your solicitors, the more meaningful your consultation will be.

For instance, preparing a chronology of the matter beforehand will enable your solicitor to get to grips with the facts, and paperwork such as any hospital or GP letters can assist them in understanding the nature and extent of your injuries and evaluating your eligibility to make a claim.

Crucially, it’s important to prepare yourself for the commitment any medical negligence claim you decide to pursue requires. While your solicitors will do most of the work for you and will guide and support you through the matter, you will need to be on hand to provide information, check documentation, and give instructions on issues such as any settlement offers made by the other side.

Furthermore, you must be willing to be patient. Your clinical negligence solicitors will work tirelessly to secure the optimum financial compensation possible but resolving a medical negligence claim takes time.

Like all civil matters, medical negligence compensation claims are subject to strict time limits, known as limitation periods. If you miss the limitation period, you cannot make a claim, regardless of its merits. Accordingly, taking early legal advice is essential.

The relevant limitation period for medical negligence claims is three years from the date the negligence occurred, or the date on which you became aware of it. So, if you only realise that your health problems were caused by a negligent act that occurred years earlier, the limitation period will start from your date of knowledge, not the date of the negligent act.

There are some exceptions to this general rule, as follows:

If the victim is a child, a third party, known as a ‘litigation friend’ can bring a medical negligence claim on their behalf at any time until the child turns 18. Once the child has reached the age of 18, they must bring their own medical negligence claim (unless they lack the mental capacity to do so) within three years.

Adults who lack the mental capacity to bring their own medical negligence claim are not subject to a time limit for starting proceedings. A litigation friend can pursue the medical negligence compensation claim on their behalf at any time.

However, if they later regain capacity, the three-year limitation period will run from their recovery date.

Examples of the types of conditions that might render an adult unable to bring a medical negligence claim on their own behalf include the following:

• Dementia.
• Brain damage.
• Severe learning difficulties. 

Sadly, some instances of medical negligence can result in the victim’s death. In these cases, their family has three years from the date of their death within which to make a claim. If it only transpires later that the death was caused by the negligence of healthcare professionals, the time limit starts running from the date of knowledge.

The three-year time limit for bringing a medical negligence case may seem lengthy, but, in reality, it can come around quickly, particularly in complex matters that require substantial evidence. Accordingly, it’s sensible to speak to experienced medical negligence solicitors as soon as you become aware that you may wish to make a medical negligence claim so they can get the ball rolling.

Your solicitors should begin work on your matter as soon as you instruct them. However, they won’t make a medical negligence claim immediately, unless there is a specific need to do so, such as the limitation period being close to expiration. Instead, they will follow the rules set out under the ‘Pre-Action Protocol for the Resolution of Clinical Disputes’.

The aim of the protocol is to encourage the the parties to a clinical negligence claim to adopt a ‘cards on the table’ approach ahead of issuing a court claim, with a view to resolving the issue without litigation.

Parties who do not comply with the provisions of the protocol can be penalised by the Court if the case proceeds to trial.

According to the protocol, the parties must follow the steps below before issuing court proceedings. Your medical negligence team will undertake these steps on your behalf.

Your medical negligence lawyers will begin by requesting copies of your medical records from the healthcare professional you are suing, who is known as the Defendant. The Defendant must provide the requested records within 40 days.

The parties then consider whether you have any rehabilitation needs and, if so, how those needs might be addressed.

At this stage, your clinical negligence solicitor may send a ‘letter of notification’ to the Defendant, informing them that you intend to make a claim. The Defendant has 14 days to acknowledge receipt and should consider providing any evidence that might help resolve the issue at that stage.

Your solicitors then send a ‘letter of claim’ to the Defendant. This is a crucial piece of correspondence which contains details of your case, including the facts that gave rise to the negligent treatment, a description of your injuries, and information relating to your financial losses. You cannot issue a claim for four months after the letter of claim has been sent to allow the Defendant time to consider the matter, gather evidence, and prepare their response.

Within four months of the letter of claim, the Defendant should send a response, stating whether they admit or deny the allegations. If they deny the claim, they should explain why and put forward their version of events.

Once your medical negligence solicitors have received the Defendant’s response, they will consider the correspondence and evidence and advise you on the appropriate next steps, which may involve litigation.

However, the vast majority of medical negligence cases settle before legal proceedings are issued, either through negotiations between the parties’ legal advisors, or alternative dispute resolution methods, such as mediation.

These methods tend to be quicker, cheaper, and less stressful than litigation and can achieve excellent results. Your medical negligence solicitors will advise you on your options and the one most likely to achieve your desired outcome.

The success of your medical negligence claim depends on your ability to provide evidence that proves the medical professional acted negligently and that their negligence caused your injuries or resulted in an existing condition worsening. 

Examples of the types of evidence often required are listed below. If you don’t have all this evidence, don’t worry; your medical negligence solicitors will gather much of it on your behalf.

Examples of the types of evidence that can assist you in proving your case include the following:

Your medical records from the hospital, GP practice, or other clinical setting in which you were treated are crucial in proving your medical negligence case. They will contain pertinent information relating to your medical care, including your diagnosis, medication, and medical treatment.

If you do not have your records, your medical negligence solicitors will obtain them.

Our memories fade over time, so writing down your version of events as soon as possible will ensure you have a reliable note of the medical professional’s actions and their impact on you. You might consider keeping a pain diary to evidence the nature and extent of your suffering and how it has affected your daily life.

Your solicitor will use your recollections as the basis for your witness statement if you make a claim. If you cannot remember precise details, your clinical negligence lawyers will help jog your memory with reference to the documentation you and they have gathered.

Expert evidence from medical professionals plays a pivotal role in medical negligence cases. You need not obtain this evidence; your specialist medical negligence solicitor will seek a report from a medical expert with expertise in the relevant field on your behalf.

In their report, the expert will likely comment on the care you received and compare it to the standards expected of competent medical practitioners in their position. Their evidence in this regard assists your medical negligence team to prove that the medical professional breached their legal duty to take reasonable care of you.

They may also consider whether a direct link can be established between the medical professional’s actions and the resultant harm you sustained. If they conclude it can, your solicitor will use the report to support your assertions that the healthcare professional’s actions caused your injuries.

The expert may also give their opinion on the severity of your injuries and your likely prognosis, which may involve them physically examining you. This enables your medical negligence lawyer to make a compensation claim to cover past, ongoing, and future suffering.

Part of the compensation awarded in medical negligence cases is intended to make good any financial losses sustained by the victim, both to date and in the future. Your compensation claim might include any earnings you have lost due to being unable to work, the cost of any medical treatment, and travel expenses to medical appointments.

It’s essential to keep all receipts, invoices, bank statements, and any other relevant documentation so you can make a claim for all of your losses.

Medical negligence claims can be incredibly complex and difficult to prove. However, expert medical negligence solicitors are specialists in the field and possess the expertise and experience required to navigate the complex legal landscape and medical negligence claims process.

To find out whether you could make a claim, you can speak to a trained legal adviser on 0800 234 6438, or submit your details using the claim form on this page.

Your experienced medical negligence team will likely have assisted countless clients with claims similar to yours. As a result, they will have a deep understanding of the types of evidence required to prove your clinical negligence case and how to overcome common defences and will be ideally placed to provide practical advice on how much compensation you will likely receive.

Working with a specialist team of medical negligence experts with a proven track record in clinical negligence claims gives you the very best chance of secure the compensation you need to focus on your recovery and prepare for the future.