Medical accidents and negligence claims
- Thousands of people have suffered due to Medical Negligence
in the UK
- Approximately 850,000 medical accidents in
UK hospitals each year, half of which could have been
avoided (source: Department of Health)
Anyone who has suffered an injury as a result of the negligence
of a medical professional may have entitlement to a
compensation claim. Our specialist Medical Negligence claims team,
(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.
Simpson Millar has offices throughout the UK and you will be referred to your local
office for advice.
Types of medical negligence claim
We have made successful claims for clients in a variety of areas which include:
Medical Negligence is a highly specialist area of law and we would
advise you to:
- instruct an experienced specialist 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 claims team has recovered millions
of pounds in compensation for victims of Medical
Negligence
What has to be proven?
To make a successful claim for compensation 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 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 a specialist
from our Medical Negligence team?
The costs
Funding the claim:
- legal Aid - also known as Public Funding
- legal expenses insurance, and
- conditional fee agreements are available in some
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?
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
How can we help?
Call our helpline today on 0800 195 8464 or use our free, no obligation,
online enquiry form to register for a call back or call us directly on 0870
855 1400.