Medical negligence claims:
In order for a claim to be successful in medical negligence, there are two aspects that you will need to show. The two main aspects are called ‘breach of duty’ and ‘causation’.
Breach of Duty
In order to prove that the medical practitioner has been negligent, you must be able to show that the care you have received has fallen below the reasonable standard of care you would expect to receive from a reasonably competent and skilled specialist in that area of practice.
Once breach of duty has been established, you must now prove ‘causation’. Here you would need to demonstrate that the injury you have received is due to the negligent act, and that it would not have happened in any event. Unfortunately in some cases, even if the treatment provided to you was 100% perfect, risks can occur and the injury could have happened in any event.
You must be able to show that you have suffered loss or damage that is a direct result of the negligence by the medical practitioner.
Timeframes to bring a medical negligence claim:
As with all personal injury claims, there is a time limit for you to bring a claim in medical negligence. The general rule is that you have 3 years from your date of knowledge of the alleged negligence to bring a claim. There are some exceptions to this rule:
If the claim is for a minor who is under the age of 18, the expiry date for limitation is 3 years from their 18th birthday
If it is a deceased claim, the claim expires 3 years from the date of death
If you are suffering from a mental illness, the time limit runs 3 years from you recovering from this. If you are suffering with the mental illness for life and therefore do not have capacity, limitation does not expire.
There are many different types of medical negligence claims, including:
Delay in diagnosis
Failures during surgery
Birthing injuries to both mother and child
Incorrect or inappropriate treatment
How can we help you?
We will take care of every aspect of your medical negligence claim on your behalf, and will happily visit clients in any part of the country at their home address.
As your claim progresses it is likely you will have to attend a medical appointment. These usually only last for around 20 minutes and we will arrange the appointment at the closest possible location to you.
If you would like to get in touch with us, we guarantee your call will be answered quickly, and we will resolve any queries or concerns you may have.
How much compensation will I receive?
We will help you to achieve the best possible outcome.
As well as helping you claim compensation for your injuries, we can also help you recover any out of pocket expenses such as lost earnings, prescriptions charges, travel costs and any other financial losses that you have suffered as a result of the negligence.
In addition, if you have not recovered from your injuries, we can arrange physiotherapy for you at no cost to you. We call it our “Road To Recovery Programme”.
Guaranteed 100% No Win No Fee!
We will run your case on a no win no fee agreement which means that if you don’t win your case you won’t pay anything. That is our 100% no win no fee guarantee.