How do I make a clinical negligence claim?
Do I have a claim?
Medical negligence claims are different to personal injury claims in that, in order to succeed, we must satisfy two tests. Firstly we will have to establish that the standard of care fell below that reasonably expected of a specialist in that field. Secondly we need to prove that, as a consequence of the negligence, injury or harm was suffered. Both of these tests can be proved with expert medical evidence.
How much compensation will I receive?
No amount of money can compensate for going through the pain and trauma of a medical accident, but compensation can help to improve quality of life by funding rehabilitation and other treatment that may help to put things right. It is impossible at the outset to be accurate about how much compensation you will receive, as this relies upon the evidence of experts we instruct to report upon the impact of the negligence.
Compensation is broken down into two elements:
- General Damages - this is compensation for the physical pain, suffering and loss of amenity that has been caused by the negligence. This is dependent on the severity and duration of any injuries sustained and how it affects you in your daily life.
- Special Damages – this is compensation for any financial losses which have been caused as a result of the negligent treatment. This can be for loss of earnings, the cost of medication, treatment, care or any other losses connected with the negligence.
How do I make a medical negligence claim?
Starting the claim
At the beginning of your claim we will provide you with a summary of work, which shows all we will do to try and win your case, to ensure you know how your case will progress. In order to begin the process we will need to obtain your medical records and any other relevant records. We will then instruct a medical expert to determine whether there are sufficient grounds to proceed with a claim.
Claims of this nature often involve complex issues, and as there is usually a lot of information to share at the outset, we like to meet with new clients face to face. Where practical, we are happy to meet you at your home or our offices. This is always free of charge and with no obligation.
Progressing the claim
Once we have the medical evidence in place, the next stage is to send a formal letter to the healthcare professionals who treated you, be that an NHS Trust or a private practitioner. We will always ask you to approve the letter before it is sent. Once we have a response, we can advise you further as to how best we can proceed.
Call our Clinical and Medical Negligence Solicitors on 023 9298 1000 or start your compensation claim online and we’ll call you.
How we have helped our clients
- Acted for a young lady who suffered Cerebral Palsy as a result of mis-managed labour. The claim settled in excess of £2 million four weeks before trial together with an additional amount by way of periodical payments for the remainder of her life.
- Acted for the family of a gentleman whom the NHS failed to recall for follow up Gastroscopy following a diagnosis of Barrett’s Oesophagus, sadly with a fatal outcome. The claim settled in excess of £300,000 without having to go to Court.
- Handled a case for the family of an elderly gentleman who had been sectioned to hospital under the Mental Health Act. Regrettably the hospital failed in their duty of care to adequately risk assess and the gentleman suffered a fall, causing an injury to his head whilst in their care. Unfortunately he later died from the head related injuries and the matter was ultimately settled in his favour.