Medical Negligence
Experienced Medical Negligence Lawyers on hand to help support you with you claim. Make sure you get what you deserve and put your case in expert hands.
Medical Negligence lawyers ready to support you
Medical/Clinical negligence is a serious matter and the consequences of negligence from medical professionals can have a lasting impact on someones life. As a society we put lots of faith in medical and health professionals and in some cases spend lots of money on medical procedures. Receiving sub-standard or even poor services can leave you not knowing where to go, but you may be entitled to compensation.
Medical/Clinical Negligence claims can be extremely complicated and having a professional in your corner to support you not only increases your chances of making a successful claim but will also make you get as much compensation as your case allows.
If you feel you have suffered injury or illness due to negligent behaviour then get in touch with one of our experienced medical negligence lawyers.
We offer free initial case assessments and offer No Win, No Fee on all of our medical negligence cases.
Our Medical Negligence Services
If you’ve suffered an injury to you or your child during pregnancy or birth due to negligence, you may be entitled to compensation. If you’d like to make a claim, get in touch with our medical negligence lawyers today.
Losing a loved one is one of the most difficult things we face, and if a loss is due to medical negligence it can leave you feeling sick. If you’d like to make a claim, contact our team today and they’ll help you get the best from your claim.
If you’ve suffered a head injury, your brain is always at risk. Making sure you’re treated correctly is vital. If your case has worsened due to negligence, you could be owed compensation.
If you’ve suffered an injury or had a condition worsen due to negligence within a hospital, by a nurse or GP you could be entitled to compensation. Visit the page to see what you can claim for.
If you’ve been misdiagnosed with cancer, whether it be an initial diagnosis or diagnosis of cancer being cleared following treatment, get in touch with our experts and we will see if you can claim.
Early diagnosis and treatment for these cases is vital in reducing permanent damage. Failure to diagnose conditions and take prompt action could mean you’re entitled to compensation.
Early detection of this condition is crucial in minimising long term damage. If you’ve been misdiagnosed and it has caused the condition to worsen, contact our team to see if you can claim.
If you’ve been required to have surgery and have suffered injuries as a result, you could be entitled to compensation. We’ve helped hundreds of people get the compensation they deserve following surgical related injuries.
If you’ve had cosmetic surgery and have suffered injuries during the process, you may be entitled to compensation if you can prove it was caused by negligence.
If you’ve suffered damage to your spine due to medical negligence the impact it can have on you life can be enormous. Contact us today to see if you can claim.
Visiting the dentist can be a stressful experience when treatments go without a problem. However, sometimes negligence does occur and injuries can happen. If you’ve suffered as a result, contact us today.
Infectious diseases cover common conditions such as mumps to diseases such as malaria. If infections are misdiagnosed it can cause serious health damage. If you’ve suffered due to misdiagnosis, contact us today.
- 033 33 582 583
- Email The Medical Negligence Team
David Stinson
Personal Injury Solicitor
- Member of The Law Society Personal Injury Panel
Tracy Hunns-Clarke
Clinical Negligence Lawyer
What is Medical Negligence?
Medial or clinical negligence claims are where someone has received a substandard services from a medical professional, leading to them to suffer physically or mentally. You must be able to prove that the injuries or illness was caused due to negligence behaviour and was not a side effect of the procedure you had done.
Medical negligence claims are complex cases and can be difficult to prove. Having a specialist with a track record of winning medical negligence claims represent you will not only give you an increased chance of winning your case, but also help to make sure you get the maximum amount of compensation.
Who may be liable?
Medical negligence isn’t limited to doctors alone. There are other medical professionals that may be liable, such as:
- GPs
- Consultants
- Surgeons
- Midwives
- Physiotherapists
- Psychiatrists
- Nurses and other hospital staff
- Other healthcare specialists
- Dentists
- Pharmacists
Duty of care - What is it?
If injury or harm is caused, it is not automatically assumed that the healthcare professional was negligent and therefore liable for medical negligence. Instead, the prognosis, diagnosis, treatment, or procedure will be considered by other medical experts to see if it is consistent with accepted medical practice. If it is, then the professional is most likely to be found to have acted within their duty of care. It is only when the diagnosis, treatment, or procedure was below standards that apply to that medical professional that they may be seen to have breached a duty of care.
Entitlement to compensation
As a result of medical negligence, patients may suffer physical or mental harm. If that harm is permanent and at a significant level, then the patient would be entitled to compensation for pain and suffering for life. In addition, the patient will incur many different debts and payments for the injury or harm sustained. There may be loss of income, permanent treatment required, or permanent deprivation of the ability to earn income. These matters are all considered in a medical negligence claim.
You can seek compensation for loss of income while recovering, for loss of future earnings as a result of the condition, in addition to the compensation for pain and suffering due to the harm or injury.
These costs are not arbitrarily sought, but need to be calculated to specific amounts.
Doctors and other healthcare workers usually have professional indemnity insurance to cover this very area of law. Because of this, it’s highly likely that you will be up against the healthcare worker’s insurer if you’re considering a medical negligence matter. To be confident you are also empowered with legal expertise, it is recommend in this circumstance that you consult with a lawyer about your scenario and seek a professional legal opinion.
If you or someone you know has suffered harm or injury as a result of medical malpractice, it is important to focus on the recovery, but also to know that you should not have to be out-of-pocket because of their negligence. Being compensated for the loss you suffered or for lost income will provide significant relief to what is an otherwise stressful scenario.
Medical Negligence FAQs
What is medical negligence?
Medical and healthcare professionals have a duty of care towards their patients. Medical negligence occurs when this duty of care is breached and a patient suffers harm as a result. When a medical negligence claim is made, the objective is to obtain financial damages with a view to putting the injured party back in the position they would have been in, had the negligence not occurred.
What is the 'duty of care'?
Practitioners have a duty to provide care that is of a level that would reasonably be expected of any competent nurse, doctor, midwife, etc. For a claim to be successful, the deviation from this level of care must be identified as the reason for the harm caused.
How do I make a claim?
If you have experienced harm or injury as a result of medical negligence, then please give us a call. We will take details of your situation in order to establish whether there has been a breach of duty and, if so, whether that breach is the cause of any damage you have suffered. Where we believe that a claim should be pursued, we will support you to progress matters and achieve the best possible outcome for you.
How much compensation will I receive?
The amount of compensation you will receive will depend on the seriousness of the case and the injuries or suffering it has caused you. As an example, someone who received poor casting for a broken arm, causing them to take more time off work would get less than someone who has been misdiagnosed with cancer and is now in a worse situation.
What will I need to win my case?
To be successful, the following must be evidenced when making a claim: a) that there has been a breach of duty of care, b) that the claimant has suffered harm and c) that the harm was caused by that breach of duty.
For example, if a negligent delay in a patient’s diagnosis of cancer has negatively affected their prognosis, this would be grounds for them to make a claim. The argument must be that if the negligence had not occurred, they would now be in a better position.
Will I have to go to court?
We will do all we can to settle your matter without the need for a Court application. However, if your claim does progress to this stage then you can rest assured that we will be there to guide you throughout the process.
Our expert legal advisers will support you step by step, providing representation at any hearings and liaising with experts where needed.
How will my case be funded?
All of our medical negligence matters are funded by conditional fee agreements (‘CFAs’). A CFA works on a ‘no win, no fee’ basis. There will be nothing for you to pay up front and, if your claim is not successful at any stage, then you will not be required to pay any costs. In the event that your claim is successful, the other party must pay your costs. We would deduct a ‘success fee’ from any damages that you are awarded, capped at 25% of the overall amount.
Once we have reviewed your medical records and agree to take your claim forward, we will apply for after the event insurance (‘ATE’) on your behalf. This will cover any disbursements incurred during the life of your claim.
If your claim is successful, you will be required to pay a percentage of the ATE insurance premium (the remainder of the fee would be met by the other party). The amount that you pay will be dependent on the damages that we hope to achieve. This would also be deducted from any damages obtained.
How long will my claim take?
We will always work to conclude matters for you as quickly as possible. We understand that, where harm has been suffered as a result of negligence, receiving a swift outcome is important. However, it is difficult to say how long this could take at the outset of a matter and we would need to update you on this as your claim progresses.
When making a medical negligence claim, the claim must be brought within a three year time limit. This is called the ‘limitation period’. The limitation clock will start from the date that:
- the negligence occurred (referred to as ‘primary limitation’); or
- the date that you became aware of the negligence (‘date of knowledge’)
If a claim is being brought on behalf of someone who is under 18, the limitation period will start from the date of their 18th birthday. In the event that the claim is on behalf of someone who has died, the limitation period starts the date of their death.