If you want to claim compensation following a surgical error, our friendly and approachable team can help you.
We can assess the circumstances and give considered advice about your chances of making a successful claim for compensation.
And we may also be able to act on a No Win, No Fee basis, so ask us for details.
Our team can advise you thoroughly on what action to take and guide you throughout the whole claims process.
Dealing with surgical errors can be a difficult and trying time.
But our experienced Solicitors can make the process of getting justice much easier.
Leave the hard work to us as we gather evidence and ensure all your care and rehabilitation needs can be met.
While surgery in the NHS is usually safe, it’s never a risk-free procedure and occasionally mistakes do happen.
Knowing how to cope with surgical mistakes when they happen can be difficult.
So we’re dedicated to making the claims process as straightforward and stress-free as possible.
The surgical error compensation our clients receive can help them move on and feel a sense of justice. But it can also help in other ways, covering costs including:
- Loss of past and future earnings
- Cost of care and assistance
- Prescription charges and medical fees
- Cost of assistance for household chores
- Travelling expenses
- Out of pocket expenses
- Special care aids and appliances
We can also help people claim bereavement damages or fatal accident compensation if a loved one died as a result of medical negligence.
Frequently asked questions
- What is the claims process?
When you contact us for a free consultation, we’ll run you through key information such as the NHS Complaints procedure, as you may have to submit a complaint before taking legal action.
If this applies in your case, we can advise you on the procedure and review the outcome of a complaint. After taking on your case, we’ll work with an independent medical specialist to gauge the full extent of your injuries, as this will help us calculate how much compensation you should be awarded.
If your claim is specific to Cerebral and Erb's Palsy, claims are more complex as they rely on a number of independent experts to carry out a thorough investigation. But, we'll take care of the difficult tasks, from arranging appointments with independent medical experts to supporting you if your case goes all the way to trial.
- What is the claim time limits?
Strict time limits apply for making a medical negligence claim, so you shouldn’t delay in seeking specialist legal advice.
You must either claim within three years of when the incident happened or three years from when you became aware of it (the date of knowledge).
If the date of knowledge can’t be identified, assume that the three-year period runs from the date of the incident.
The time limitation period may in certain cases extend to:
- If an injured person suffers from a temporary mental disability,then time doesn’t start to run until mental capacity has returned
- Those aged under 18 years, the three-year period doesn’t start running until their 18th birthday
- If settlement of the medical claim isn’t reached or application for legal action for damages issued to the Courts by the eve of their 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.
If you’re claiming following the death of another person, you have 3 years from the date of their death in which to claim.
- How will I pay?
Many clinical and medical negligence cases can be funded through a No Win, No Fee agreement, which is also known as a Conditional Fee Agreement. Ask for details when you get in touch.
- Can I claim compensation?
Medical negligence claims often arise out of the bad or poor management of your healthcare as a patient.
You may have a case if the doctor, nurse or hospital treating you failed to:
- Provide adequate healthcare
- Keep proper records
- Administer medication
- Properly operate hospital machinery
All of the above raises questions as to the adequacy of the treatment you may have received.
For free legal advice call our Medical Negligence Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.