If you’ve been affected by clinical or medical negligence, you could claim compensation. Our specialist Medical Negligence Solicitors can offer you a Free Claims Assessment and help guide you through the process of making a medical claim.
We’ve recovered hundreds of millions of pounds in compensation for people who have suffered because of medical negligence. We’ve also helped them access the specialist care, treatment and rehabilitation they need to start to rebuild their lives.
We understand that taking legal action can be daunting, but we pride ourselves on our friendly and supportive approach. When you come to us, you can expect a personal service tailored to you and your needs.
Meet some of our Medical Negligence Solicitors
What is Medical Negligence?
Medical negligence occurs when doctors, nurses or other healthcare professionals fail in their duty of care to you. They may make serious mistakes that harm you or cause an existing condition to worsen.
For medical negligence to be proven, it must be shown ‘on the balance of probability’ that the care you received did not meet typical standards and caused your injury or illness.
What Are Some Examples Of Medical Negligence?
Examples of medical negligence include:
- Injuries caused during surgery
- Delayed or incorrect diagnosis of a medical condition
- A healthcare provider giving you the wrong prescription
- Failure to warn you about the risks of treatment
- Not getting your informed consent before carrying out a treatment
You could be awarded medical negligence compensation if any of these have happened to you. If you’re not sure about a potential claim, contact us for free advice.
Can I Make A No Win, No Fee Medical Negligence Claim?
We deal with most medical negligence claims on a No Win, No Fee basis, also known as a Conditional Fee Agreement (CFA).
A No Win, No Fee agreement is an arrangement between you and your Lawyer. Quite simply, it means you won’t pay any legal fees if your claim is unsuccessful. You must have insurance in place, but don’t worry about this process as we can help you take out this cover.
We’ll work tirelessly to get the best results for you and your family. Because of our experience of working with people in your position, we understand how difficult and challenging it is to deal with injuries that happen because of medical mistakes.
For a Free Claims Assessment, contact our Medical Negligence Lawyers today.
What Medical Negligence Claims Do Your Solicitors Deal With?
We have given legal help and support for more than 170 years. We have vast experience in dealing with the following medical negligence cases:
Birth Injury Compensation Claims
Cauda Equina Syndrome Claims Solicitors
Cerebral Palsy Claims Solicitors
Compensation for Encephalitis
Compensation for Fatal Medical Negligence
Cancer Misdiagnosis Claims Solicitors
Erb's Palsy Claims
Eye Injury Compensation Claims
Hospital Negligence Claims
Nerve Damage Injury Claims
Surgical Negligence Claims
Don’t see your specific situation here? Don’t worry, we can still advise you on whether you have experienced medical negligence. We could also help you claim compensation if you’ve lost a loved one.
Contact us today for a confidential, no-obligation chat.
How Do I Claim for Medical Negligence Compensation?
To make a successful medical negligence claim, it must be proven that the standard of care you received was below what would be reasonably expected. You must also demonstrate that you’ve suffered a loss as a result.
You may have a successful case if a doctor, nurse or hospital treating you was in breach of their duty of care to you.
This duty of care includes:
- Giving adequate healthcare
- Keeping proper records
- Administering medication
- Performing surgery to an adequate standard
- Diagnosing conditions accurately or early enough
Contact us for a Free Claims Assessment today and we can tell you if we think you could make a medical negligence claim.
Why Should I Make A Medical Negligence Claim?
There are many reasons why you may want to make a claim.
A successful outcome could help you start to rebuild your life and feel a sense of justice. Whether your incident happened with the NHS or a private medical practice, a successful claim could help change processes and procedures so others don’t suffer.
Medical negligence compensation can cover things such as:
- Lost earnings and income
- Cost of care and assistance
- Prescription charges and medical fees
- Help with household tasks
- Travel expenses
- Out of pocket expenses
- Special care aids and appliances
- Future medical treatment
Can I Claim Medical Negligence Compensation On Behalf Of Someone Else?
Yes, you can claim on behalf of a family member or a friend if they have suffered medical negligence.
They might not be able to claim on their own. This could be due to the nature of their injuries. For example, someone who has suffered serious head injuries and has lost mental capacity as a result.
Parents can also claim on behalf of children under the age of 18, who may be unable to make these decisions for themselves.
What Is The Medical Negligence Claims Process?
Here’s what to expect when making a medical negligence claim.
1. Contact us for a Free Claims Assessment
Get in touch or request a callback for a free and confidential chat. During this assessment, we’ll consider your case and let you know if we can help you.
2. We’ll tell you everything you need to know
During the assessment, we’ll explain key information such as the NHS Complaints procedure. If this applies to your case, we can help you with the process and review the outcome of a complaint.
3. We’ll find a medical specialist for your case
We’ll work with at least one independent medical expert if your case goes ahead. They’ll assess the full extent of your injuries or illness, the impact on your life now and the long-term effects. This will help us work out how much medical negligence compensation you could receive.
4. We’ll support you throughout
We’ll take care of any difficult tasks. This includes arranging medical appointments with independent experts and ensuring they can attend Court if your case goes to trial.
5. We’ll apply for an interim payment where possible
Wherever possible, we’ll apply for an interim payment. This can help with rehabilitation or other valuable assistance and support before your case is resolved.
6. We’ll negotiate to try to settle your claim
We want to bring your claim to a conclusion as quickly as possible so you can start to rebuild your life. Lessons ought to be learnt and implemented as quickly as possible to protect others. We work closely with NHS Resolution, the body that deals with medical negligence claims on behalf of the health service. We’ll work hard to get you the settlement you deserve and resolve your claim as quickly as we can.
7. You’ll receive your compensation directly
When your case is settled, we’ll look at how best to pay your compensation to you. If we think it’s needed, we can help you set up a Personal Injury Trust. This ensures your compensation is protected and you remain eligible for state benefits.
Is There A Medical Negligence Claims Time Limit?
You must make a claim within three years of the date the incident happened or three years from the date you were aware you suffered medical negligence. This is called the date of knowledge.
The time limit can be extended in some cases:
- If the individual suffers from mental incapacity
- Parents can claim on behalf of children under the age of 18 at any time until their 18th birthday. The child then has three years to make a claim themselves.
Find more details on the time limits on medical negligence claims.
How Much Will It Cost To Make A Medical Negligence Claim?
Most medical negligence claims can be funded through a No Win, No Fee agreement.
If your claim is unsuccessful in these cases, you will not pay any legal fees. However, you may still be responsible for other costs.
What Is The Average Payout For Medical Negligence Cases?
There’s no easy answer as every medical negligence claim is different. We’ll do everything we can to make sure you receive the right level of compensation.
Your medical negligence solicitor can give you an estimate of what you can expect to receive. The more details of your situation and evidence you can provide, the more accurate the estimate is likely to be.
If you are awarded medical negligence compensation, it will be made up of general damages and special damages.
- General Damages: Compensates you for the injury or illness that you have suffered. The amount is set according to the Judicial College Guidelines.
- Special Damages: Covers financial losses incurred due to the incident. For example, if you have been unable to work or had to pay for specialist care. This can also cover funeral costs if you are claiming on behalf of a loved one that has died.
Why Choose Simpson Millar?
We are one of the most knowledgeable and experienced Medical Negligence Law Firms in the UK. Suffering an injury that wasn’t your fault can be life-changing, but getting in touch with us can help you start rebuilding your life.
- We’re honest: We call ourselves the “open lawyers”. That’s because we’re honest, upfront and transparent. We will speak to you in plain English without legal jargon and make sure you understand every stage of the process.
- We’ll always tell you where you stand: We will keep you updated and informed about what’s happening in your case from start to end.
- We’re human: We care about our clients and work with them to get the best possible outcome.
- We strive for the best: We’ll make sure to recover the most compensation possible. We will also work closely with the other side to ensure your case is resolved as quickly as possible and that lessons are learnt.
- We’re industry accredited: Many of our Medical Negligence Solicitors are accredited by the Law Society. We’re members of the Law Society’s Clinical Negligence Accreditation scheme and the Action against Medical Accidents (AvMA) Solicitors referral panel.
- We partner with leading organisations: We work with the Spinal Injuries Association, Headway, BRAKE, The Child Brain Injury Trust and The British Lung Foundation.
Medical Negligence Compensation Claims Case Studies
We’ve secured compensation for thousands of people in the past that have suffered medical negligence. Here are just two examples.
- Katie was born in October 2001. During her birth, her right shoulder became stuck (shoulder dystocia) and she suffered an Erb’s Palsy injury.
- This caused a loss of movement in her right shoulder and cramp in her right arm when she was carrying out basic tasks such as washing her hair.
- Katie suffered pain every day despite using analgesia and carrying out daily exercises. She had to have extensive physiotherapy. Sadly, Katie couldn’t pursue her ambition to join the Armed Forces because of her condition.
- The hospital we claimed against argued that the delivery was straightforward with no recorded complications. But very shortly after birth, Erb’s Palsy injury was diagnosed with no explanation offered.
- Although the NHS Trust didn’t formally admit responsibility for Katie’s birth injury, they did agree to settle the claim. We negotiated a medical negligence compensation settlement of £685,000, which Katie accepted.
- Child A was born with a severe case of hypoxia, a condition that deprives body tissue of an adequate supply of oxygen.
- As a result, Child A was left with a range of conditions requiring round-the-clock support. They were also classed as a Protected Party, lacking the mental capacity to make informed decisions for themselves.
- The hospital trust agreed to make a voluntary interim payment of £100,000 to meet Child A's immediate needs. This was followed the same year by payment of £800,000 on the order of the High Court.
- During this time, it became apparent that Child A's home was not suitable for dealing with their physical and mental challenges.
- A further interim payment of £500,000 was awarded by the High Court Judge overseeing the case. The family of Child A could then buy a bungalow with all the necessary equipment required to assist with the child's day-to-day needs. This also allowed enough room for living quarters for a professional carer.
- The cumulative sum of interim payments so far has reached £1.4 million. This figure has seen Simpson Millar break records for awards of this nature.
What Do Our Clients Say About Us?
Awards & Accreditations
A number of our Clinical and Medical Negligence Solicitors are members of the Law Society’s Medical Negligence Panel and AvMA Solicitors Referral Panel.
Simpson Millar subscribes as a member of the AvMA Lawyer's Service
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.