Medical negligence claims
Medical negligence, also known as clinical negligence, is the term used to describe a breach of duty of care by a doctor, nurse, and other healthcare professionals through negligence or malpractice. If you or a relative have been let down by poor care, bad advice, negligent treatment or lack of action it is possible that you can make a claim for medical compensation.
There are different reasons for starting the process of making a medical negligence claim. The highly skilled team at Pryers Solicitors will assess your claim and work with you and your family on a No Win No Fee basis. We will initially discuss with you how successful your claim is likely to be, and if your claim is accepted and is within the defined timescales, we will then pursue the claim on your behalf to secure a successful outcome.
Why bring a claim for medical negligence?
The main reason a claim is brought is to seek compensation for the pain, suffering and consequences of medical negligence. It is also completely justified that people who have suffered at the hands of trained medical professionals want to achieve some redress, whilst also acting unselfishly and helping to ensure the diagnosis and treatment errors do not continue for other people.
All of our medical negligence claims are funded on a No Win No Fee basis which means that there is no financial risk for you or your family. In addition the experienced team of solicitors at Pryers are very aware of tactics that defence organisations on behalf of doctors use to counteract medical negligence compensation claims, and will work closely with you during the duration of your claim to ensure you achieve the maximum compensation possible.
Start your No Win No Fee Medical Negligence claim with Pryers Solicitors today by calling us on 01904 556 600, or by filling out our online contact form.
Time limits for making a medical negligence claim
As with some other types of compensation claims there is a three year time limit to making a claim after you first become aware of the medical negligence occurring. It is important to note here that this doesn’t necessarily mean three years after the treatment, but three years after the symptoms of the medical negligence become apparent (as this may be some time afterwards).
There are, however, two exceptions to this – if the injured individual was under 18 at the time of the negligence, the three year limit starts on their 18th birthday. Secondly if the injured party is suffering from a significant mental illness, and lack capacity to bring their own claim, they generally have three years to make a claim upon their recovery from this illness.
Many of the scenarios and circumstances surrounding a claim for medical negligence are more complex than for other types of claims, so it is more important than ever to contact the team at Pryers to discuss your case as soon as possible. We will run through the details of your claim and the impact on you and your family, and then determine the likelihood of you bringing a successful claim.
Our advice at this stage is free, confidential and non-biased and is based completely on the information you provide to us, so it is worth being as open and honest as possible as that helps us assess your chances for success.
What happens when I make a claim for medical negligence?
Medical negligence claims are made up of a series of hurdles and when we take on your claim, if we clear one hurdle then we move onto the next.
The first step is for us to obtain the medical notes, records, x-rays, scans etc… and check them. We have assistance from expert nurses to help in the collation of these records. Specialist medical experts will then be instructed to consider whether or not the treatment was negligent, and if it was, what damage the treatment has caused.
At the same time as the above, we are in correspondence with the defendant’s solicitors in trying to persuade them that there is a case for medical negligence. Medical negligence cases can often be settled by negotiation without the need to proceed to a full trial. If it is not possible to settle the claim through negotiations then court proceedings will be necessary.
Medical negligence cases can be very time-consuming and expensive because of the number of specialists involved and the detailed work required. Our No Win No Fee page will give you the information you need in relation to how medical negligence claims are paid for.
Visit our What Happens When I Make a Medical Negligence Claim? Page to find out more about making a medical negligence claim.
How do I make a medical negligence claim?
It’s really important that you don’t delay and get in touch with the team at Pryers today. With the constraints of rigid timescales with few exceptions, if you feel you may have a valid case for a medical negligence claim then call us on 01904 556 600, email us at firstname.lastname@example.org or just complete the form opposite and we’ll get back to you shortly.
Our skilled team of No Win No Fee medical negligence experts are available for you today.
Frequently Asked Questions
Take a look at some of our frequently asked questions relating to medical negligence. Please call us today for an informal chat about your case on 01904 556 600 or visit our contact us page.
How long do you have to make a claim?
In most cases you have 3 years to make a claim for medical negligence. This time period starts to run from the date on which the negligent act or omission occurred. However in cases of medical negligence it is possible to extend this period further if you can show that your “knowledge” of the negligent act became apparent at a later date. If the injured party was under 18 at the time the negligence was committed, they will have until their 21st birthday to bring a claim.
Suing a doctor for negligence
If you believe that your doctor has been negligent in treating you or a family member, you may be able to bring an action against them subject to certain criteria. To succeed in your case you will need to show that: the doctor owed you a duty of care; that they breached this duty by providing an unacceptable level of care, treatment or advice; and that this breach caused you injury or damage. The burden of proving negligence is always on the patient.
Can you claim compensation for death due to medical negligence
You can bring a claim for death caused by medical negligence where you can show that the treatment the deceased received was in some way negligent, that is falling below what is considered a reasonable standard. It needs to be proven that the alleged negligence led to an outcome that was avoidable had greater care been taken. Often mistakes make no difference to the final outcome and there are many cases where things go wrong where there has not in fact been any negligence. This is a very complex area of law and each case needs to be carefully assessed on its own merits. There is usually a 3 year time limit for bringing such claims starting from the date of death, the exception being cases where the deceased’s personal representative’s “knowledge” of the negligence occurred after the date of death.
Can I sue my doctor for misdiagnosis?
If you think your doctor has made a misdiagnosis that has led to injury or harm, you may be able to claim compensation. However this is a difficult area of law and each case must be considered on its own merits. There are instances where doctors make very bad judgements (such as treating the wrong limb for example) and others where there can be a fine line between a correct or incorrect diagnosis. Speak to us for an informal legal opinion on your misdiagnosis case and we will explore the potential claim in more detail.
Can I sue my GP?
If you believe that your general practitioner (GP) has been negligent in treating you or a family member, you may be able to bring an action against them subject to certain criteria. GPs are not usually specialists in any particular field and yet they are exposed to all manner of medical conditions and diseases on a daily basis. Over the last 5 years the NHS has increasingly outsourced minor procedures to local GP practices and this has led to a surge in medical negligence cases. To succeed in your case you will need to show that: the GP owed you a duty of care; that they breached this duty by providing you with an unacceptable level of care, treatment or advice; and that this breach caused you injury or damage. The burden of proving negligence is always on the patient.