Clinical Negligence

Despite the fact that health care in this country is generally of a high standard, occasionally things do go wrong. This is particularly true nowadays when treatments can be highly technical and complex and many different health care professionals are involved in the care of each patient. If the results of treatment are not as good as expected, fall below a reasonable standard or if complications have arisen, it does not automatically mean there has been a mistake or someone is to blame.

However, doctors and other health care workers do sometimes make mistakes that could have been avoided with more care, skill or organisation and this is called clinical (or medical) negligence. An operation may be incompetently performed, a GP may fail to recognise the seriousness of symptoms, or a baby may be damaged because of a mishandled birth.

If you have been harmed, either physically or mentally, because of the negligence of a health care professional, you may be able to claim compensation. The damage needs to be serious enough to make it worth paying the costs of making a claim. In most cases, it is not worth pursuing legal action if the injury is fairly minor or if a rapid recovery is expected.

In cases such as these, the cost of making a claim could be greater than the compensation. However, if there has been an admission of fault, it may be worth pursuing a low-value case. Our expert clinical negligence solicitors can advise you on this.

There are many variables that can affect the amount of compensation you could hope to receive following a successful medical negligence claim, including the type and severity of the negligence you have suffered, and the physical, financial and emotional impact it has had on your life. The compensation amount will also take into consideration any expenses you’ve incurred and your future care needs. As such, it is not possible to predict exactly how much compensation you will receive.

Your first step in the claims process is simply to get in touch with our specialist team of medical negligence solicitors. From there, you will have a one-to-one discussion with one of our experts who will assess your situation and decide the next best steps to take.

Every clinical negligence claim is different and we thoroughly investigate all of the facts of your case, including reviewing your medical records, so we can provide you with the very best advice tailored to your personal situation. We will be there every step of the way to guide you through the process in a clear, jargon-free way to help you get the compensation you deserve.

If a medical mistake or accident was due to a lack of judgement or incompetence by an NHS hospital, GP surgery, doctor, nurse, surgeon or other NHS healthcare professional, you may be entitled to claim compensation for medical negligence. Suing the NHS can be a complicated process, so you will need the assistance and expertise of a clinical negligence solicitor to guide you through the process.

Legal action must be started within three years of the date you first knew, or could reasonably have been expected to know, that something had gone wrong with your medical treatment - this is called the date of knowledge.

This will usually be quite soon after the operation or treatment has taken place, but occasionally it will not become obvious that an intervention has had long-term consequences until months, or sometimes years, after the event.

Examples of time frames include:

• A three-year time limit, if the claimant is under 18, which expires on their 21st birthday
• No limitations for people under a legal disability (i.e. those suffering from a mental disorder)
• A three-year time limit, if someone has died because of negligence, starting from the date of death

The courts strictly enforce time limits and it is only in exceptional circumstances that a judge will exercise discretion to allow a case to be brought "out of time". As it takes time to investigate a claim, it is a good idea to start proceedings with a clinical negligence solicitor well before the end of the limitation period. Also, the sooner the case is investigated, the more likely it is that documents will still be available and that people will be able to remember what happened.

Our medical negligence solicitors try and settle claims as quickly as possible in order to help you move forward with your life with the compensation you deserve. As every clinical negligence case is different, there is no defined timescale as to how long a claim can take.