Medical Negligence lawyers

Medical negligence FAQs

• What is medical negligence?

  Medical professionals are expected to exercise reasonable skill when performing their duties, in order to keep their patients safe. If they do not perform their duties with this level of care, resulting in injury or distress for the patient, this could be medical negligence.  

• What are the most common types of medical negligence?

  Just as there are many types of medical issues, there are many kinds of medical negligence. However, the most common forms of medical negligence include:

  • Failure to diagnose a condition or illness, or making the wrong diagnosis (misdiagnosis)
  • A mistake or error being made before during or after an operation or surgical procedure
  • The wrong medication being administered or dispensed
  • Failure to provide valid and informed consent to a treatment or surgical procedure
  • Failure to warn of risks (including rare but material risks) to a procedure or treatment

• Should I complain, or make a claim?

  If you consider that the standard of care you have received has fallen short of what you expected you may wish to consider what options are available to you to highlight your concerns, seek explanation and obtain accountability. Depending on what healthcare setting you have concern about will determine which avenue to pursue. If it relates to your GP or dentist, then the starting point with be to raise it with the Practice Manager. It is then up to them to investigate the same and provide a comprehensive response. They should also signpost you to NHS England or  the Parliamentary and Health Service Ombudsman if you are not satisfied by the response provided. In a NHS Trust setting, NHS Complaints can be a useful avenue to pursue. Using the complaints process may provide the explanation you are looking for and also in some cases, some level of apology where the GP/Dentist/NHS Trust feels that standards of care should have been better.

• How do I make a medical negligence claim?

  If you believe that you have suffered injury or loss as a result of negligent medical treatment, you can make a claim.  You can begin by contacting us to discuss your options. We will explain the process and help you to gather any information you will need in order to make your claim.

  Firstly, your solicitor will request a copy of your medical records. After the records have been reviewed, a decision will be taken about whether to take matters further (usually within three to six months). If so, an expert will be instructed to report on breach of duty and causation or breach only and then causation.

  Two legal aspects must be proved to successfully establish a case:

  • That the standard of treatment and care has fallen below the standards of reasonable competence in a particular field of medicine. In a clinical negligence case, that standard is considered independently by a medical expert practising in the same area of medicine who provides an opinion independently on the basis that the case may one day go to court.
  • That but for the negligence, the injury would not have arisen or that the negligence caused worse pain and suffering and loss than may have been the case absent the negligence.

  It is important to know and understand that both legal aspects have to be proved to pursue a case. We will instruct an independent medical expert with experience in the medical area you have been affected by. That expert will often hold a position within the NHS or be a practising GP or dentist or surgeon and therefore be qualified to provide an opinion on accepted standards of medical practise at the time of the negligence.

• How long do I have to make a claim?

  Concerns and complaints about treatment and care should be raised as soon as possible. This enables the issue to be addressed and hopefully resolved in a timely manner and before further and/or serious harm is caused. Generally, a complaint should be made within 12 months of the event you are complaining about.

  Staff members who may have been involved in the treatment and care or witness to events may move on, recollections fade.

  Before making matters formal, you may wish to consider raising issues of concern with the person concerned or the person in charge. Whether that be a GP or Ward Manager, all organisations have a complaints process to follow and you should be signposted to the relevant person or department.

  It is worth setting out your concerns or complaint in writing stating dates and times where known and the names of those involved or present in discussions and what the issues are and their response and what is agreed will happen to resolve matters. 

  You may find that a reasonable explanation has been made to enable you to accept and move on. Alternatively, the response may highlight shortcomings in the standard of treatment and care provided which helps you to make a decision to pursue matters further. Often, following internal investigation, clinical admissions may be made which confirm that standards of treatment and care fell short. Apologies may be made.  Practice Managers, NHS England and NHS Complaints does not offer financial compensation.  

  Financial compensation may be awarded by the Parliamentary and Health Ombudsman but such awards are often significantly less than what would likely be awarded by a court.  

• Do I have a medical negligence claim?

  If you think that the standard of care you have received has fallen short of what you expected you may have a clinical negligence claim. We will help you to gather the evidence you need to prove a claim, reviewing your records and consulting experts who will be able to support your claim.  

• Will it cost me anything?

  All of our cases are handled on a ‘no win no fee’ basis. This means that you will not pay anything up front, and will not have to pay anything if your claim is unsuccessful. 

• How much can I claim for?

  This is a good question, because you want to know whether it is worth your while going through all of the above. Financial compensation is mainly broken down into two aspects. The first is general damages which addresses the pain, suffering and loss of amenity arising from the negligence. The value of this aspect of your case is based on guidelines which are often updated to assist courts/judges, barristers and solicitors. They break down various injuries or medical conditions into brackets depending on severity. Then there is case law of previous cases which may have similarities to your own. There is no exact science to the process of valuing a case and it is difficult to advise on such value until it is clear the exact nature and extent of the injury or condition arising from the negligence.

  There are also special damages which cover the financial loss arising from negligence. Again this is dependent on the individual case and whether you have needed care and assistance either paid or provided by family and/or friends, whether you have lost earnings, whether you have incurred travel expenses as a result of having to attend more appointments than you may otherwise have needed to have, you may require equipment to help you mobilise or had to buy new clothes because or your condition. All these losses may add value your case. It is always important to keep hold of any receipts and/or documentary evidence to prove your loss.

• How long will the claim take?

  That depends on many factors. Some claims can be resolved within 12 months and some slightly longer. In almost all cases, once the medical records are requested and reviewed a decision will be taken by your solicitor, with your input about whether to take matters further (usually within three to six months). If so, an expert will be instructed to report on breach of duty and causation or breach only and then causation. A breach of duty expert is not always required if some early admissions of liability have been made. A causation expert may not be required if it has already been accepted that the outcome may have been different if the incident (alleged negligence) had not arisen. It is all case dependent.

  In a clinical negligence case, as in all civil cases, there is a protocol to follow which is underpinned by a set of rules called the Civil Procedure Rules. Once supportive medical expert evidence is obtained in your case, a formal letter of claim is sent to the Trust or GP/dentist/surgeon/consultant to commence investigations and in most circumstances seek their own independent expert evidence. Under the protocol they have four months to respond to your claim and then must either admit liability or deny, setting out detailed reasons why.

  A further assessment of your case is then undertaken looking at the defendant’s response and the expert evidence obtained on your behalf. There may be issues which require further clarification. Further medical evidence may be needed to consider your current condition and prognosis. This is often by way of an examination in person with the medical expert. Either way, if we remain confident in your case, we will proceed initially, on your instruction to put forward an offer to the defendant to settle your case.

  You may wonder why, particularly if liability is denied but it is because all cases carry litigation risk. That is the scenario that if your case were to go to trial, whose evidence would the Judge prefer? Yours or the defendant’s? The defendants will always be backed by their own insurance and legal representatives who know and understand risk just as we do. Therefore they also understand that any offer to settle should be taken seriously.

  It is not unusual for a defendant to reject an offer and then, if we remain confident in your case, we will advise that court proceedings be issued and served on the defendant. That does not mean your case will go to court. It is actually very unlikely but it does mean going through the motions as the evidence continues to unfold. The case will either eventually settle or will discontinue. The latter will only happen if compelling evidence is produced which significantly alters the prospects of success in your case

  A case can take anything from a few months to a few years to settle. The complexity of the case is a main feature and whether there are ongoing medical issues, the extent of which a medical opinion can only be clearly given as matters evolve. An average case will take between 18 months and three years.

  It may appear to be a gruelling process and it does take courage to step forward, speak up and seek initial legal advice but once you do, we guide you through and limit the impact of the legal process as much as possible so that you can focus on yours or your loved one’s health and maintain as best a quality of life as possible.

• Can I claim against the NHS?

  Yes, if you have suffered injury or less as the result of treatment you have received from a medical professional within the NHS, you may be able to claim against the service. There is an established process for making a medical negligence claim against the NHS, and our solicitors will be able to guide you along each step. 

• Can I claim against private medical providers?

  Yes, if you have suffered illness or less as the result of an action by a private medical professional or organisation, you may be able to make a claim against them. Our experienced lawyers will be able to guide you on each step of the process. 

  How can I prove medical negligence?

  Two legal aspects must be proved to successfully establish a case:

  • That the standard of treatment and care has fallen below the standards of reasonable competence in a particular field of medicine. In a clinical negligence case, that standard is considered independently by a medical expert practising in the same area of medicine who provides an opinion independently on the basis that the case may one day go to court.
  • That but for the negligence, the injury would not have arisen or that the negligence caused worse pain and suffering and loss than may have been the case absent the negligence.

  It is important to know and understand that both legal aspects have to be proved to pursue a case. We will instruct an independent medical expert with experience in the medical area you have been affected by. That expert will often hold a position within the NHS or be a practising GP or dentist or surgeon and therefore be qualified to provide an opinion on accepted standards of medical practise at the time of the negligence.

• Will I need to go to court to prove medical negligence?

  After we have researched your case and received reports from experts, the first step is to put forward an offer to the defendant to settle the case. If this offer is accepted, then you will not need to go to court. However, It is not unusual for a defendant to reject an offer and then, if we remain confident in your case, we will advise that court proceedings be issued and served on the defendant. 

  That still does not mean your case will go to court. It is actually very unlikely, but it does mean going through the motions as the evidence continues to unfold. The case will either eventually settle or will discontinue. The latter will only happen if compelling evidence is produced which significantly alters the prospects of success in your case.

  A case can take anything from a few months to a few years to settle. The complexity of the case is a main feature and whether there are ongoing medical issues, the extent of which a medical opinion can only be clearly given as matters evolve.

• Will it affect my current treatment?

  You will still be able to receive treatment from the NHS or the relevant provider. Whether you want to continue seeing the same medical professional is really a matter for you to decide, based on your own feelings and circumstances. It can be daunting having to again face the person you have now officially reported or complained about because it is natural for humans to become defensive. It is difficult to say whether or not this would happen.

• Will the money come out the NHS budget?

  If you receive compensation at the end of your claim, the money comes from an organisation called NHS resolutions. This effectively acts as an insurance company for NHS staff and trusts, and is funded by premiums paid by the trusts and individual medics.