Medical negligence compensation claims
Simpson Millar's medical negligence solicitors know only too well
that:
- thousands of people have suffered due to Medical Negligence
(also known as Clinical Negligence) in the UK, and that
- there are approximately 850,000 medical accidents
in UK hospitals each year, half of which could
have been avoided (source: Department of Health)
Medical Negligence Claims - Case examples:
Neil Fearn heads the clinical negligence department at Simpson Millar LLP. He handles cerebral palsy cases and various misdiagnoses, with damages often reaching into the multimillion-pound bracket.
Chambers and Partners 2013
If you have suffered an injury as a result of the negligence
of a health professional you may be entitled to make
a medical negligence compensation claim.
Types of medical negligence compensation claims
We have made successful claims for clients in a variety of areas which include:
Between 2000 and 2003 the Claimant, aged 70, complained to her general practitioner
about severe right knee pain. She was referred for an x-ray which was normal. The
GP failed to refer her for a specialist opinion as to the cause of the pain until
late 2003 at which time it was found that the source of her right knee pain was
degenerative change in the right hip and a total hip replacement operation was advised.
She had the operation at the end of 2003 but suffered post operative complications
including infection.
The Claimant recovered damages of £100,000 for her medical negligence compensation
claim.
Medical negligence compensation advice
Medical Negligence is a highly specialist area of law and we would
advise you to:
- instruct an experienced medical negligence solicitor
as the doctor/health authority will have a team of specialist advisers in place
to represent them
- Simpson Millar LLP Solicitors employ some of the UK’s leading Medical Negligence
advisers
- our specialist medical negligence team has recovered millions of
pounds in compensation for victims of Medical
Negligence
The Claimant was admitted to hospital for a hernia repair operation. The surgeon
negligently damaged the Claimant’s ilio-inguinal nerve and/or his genito femoral
nerve [such damage resulting from either entrapment of one or both of these nerves
by suture or staple that was placed during the course of the operation or from diathermy].
Following the operation the Claimant had significant and permanent pain and needed
care.
The Claimant recovered damages of £125,000.
Medical Negligence Compensation Claims - What has to be proven?
To make a successful medical negligence compensation claim the
law requires you to prove:
- the standard of care you received fell below that
of a reasonably competent health care professional in the relevant area of medicine,
and
- you have suffered a physical or mental injury as a direct
result of that action or inaction
Before making a medical negligence compensation claim we will talk to you about
the
NHS Complaints procedure as it may be necessary for you to submit a complaint
before pursuing a compensation claim. We can advise you on the procedure and review
the outcome of a complaint.
If you feel that you, a member of your family, a friend or colleague are a victim
of Medical Negligence why not call us now for a free consultation with one of our
specialist solicitors on 0808 129 3320?
The costs
Funding the claim:
- legal Aid - also known as Public Funding
- legal expenses insurance, and
- conditional fee agreements are available in some cases
We have a Legal Aid Franchise which means that we have been approved
to carry out this work by the Legal Services Commission, one of only a small number
of firms to have this specialism. We can make an immediate application
for Legal Aid (subject to financial eligibility).
Time limits
Strict time limits apply for making claims so you should not delay in seeking professional
advice.
- Statutory limitation period of 3 years – running either from the
date of the incident or from the “date of
knowledge”
- If the date of knowledge is unidentifiable, assume that the 3 year period runs from
the date of the incident
The limitation period may in certain cases extend
to:
- If an injured person suffers from a temporary mental disability
then time does not start to run until mental capacity has returned
- Those aged under 18 years, the 3 year period
does not start running until their 18th birthday
- If settlement of the claim is not reached or application
for legal action for damages issued to the Courts by the eve of the 21st birthday
then the opportunity to claim compensation is
lost unless the minor suffers mental incapacity
Although the Courts have wider powers to alter the time limits, it is not often
that the discretion is exercised.
What compensation can I claim?
Medical negligence compensation claims include:
- pain and suffering
- loss of past and future earnings
- cost of care and assistance
- prescription charges and medical fees
- cost of assistance for household chores
- travelling expenses
- adapted accommodation and transport
- out of pocket expenses
- special care aids and appliances
Our specialist medical negligence compensation solicitors, (also
members of the Law Society’s Medical Negligence Panel and AVMA Solicitors Referral
Panel) can help you. We will listen to you carefully
and sympathetically and provide you with the very best legal
advice regarding your medical negligence compensation claim.
Simpson Millar LLP Solicitors has offices throughout England and Wales and you will
be referred to your local office for advice.
Jurisdiction (Location)
Please note: If your complaint relates to a
hospital in Scotland or Ireland this will fall outside
of our jurisdiction and we advise you to contact a local solicitor,
however if you now live in Scotland or Ireland and your complaint
is regarding a hospital in England or Wales we will be more than
happy to assist you.
Scope
We are proud to be appointed on Scope's Approved Legal Panel and also as a Corporate Sponsor.
Medical Negligence Compensation
Call our medical negligence compensation solicitors today on freephone:
0808 129 3320 or use our free, no obligation, online enquiry form
to register for a call back.
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