Medical Negligence Solicitors

Most of us put our health in the hands of medical professionals at various points in our lives and, while most of the care we receive is of high quality, there is always a risk that something could go wrong. If this happens due to poor treatment or human error, you are entitled to claim compensation for the pain and suffering it has caused you, and any care needs you may have as a result. 

The specialist medical negligence solicitors at JMW are experienced in helping people successfully make compensation claims, providing professional guidance throughout the process. We are friendly and approachable and are happy to have a free, no-obligation conversation to help you better understand your position and the next steps you should take.

We are able to deal with cases through no win, no fee agreements, or Legal Aid for those that qualify. 

To speak to a medical negligence lawyer about your situation, simply call us on 0345 872 6666 today, or allow us to call you back at a more convenient time by completing our online enquiry form.

Meet Our Team of Medical Negligence Experts

The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.

Case Studies

What do I need to prove to win my compensation claim?

To make a successful medical negligence claim, you must prove two things:

1. The standard of care you received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)
2. You have suffered injury as a direct result of the negligence (causation)

Sometimes, it is difficult to know whether the harm has been caused directly by clinical negligence, or as a consequence of some underlying disease or illness.

For a medical negligence claim to be successful, you must prove both negligence and causation. You cannot claim compensation just because someone has done something wrong; you must prove that this has caused your injury.

We will first obtain your medical records. These will be sent to an independent medical expert who will compile a detailed report for us. A supportive independent medical opinion is necessary for any case to succeed.

If there is enough evidence to bring a successful case, we will work to settle it was soon as possible and for the maximum amount of compensation that you are entitled to. We will also strive to obtain acknowledgment from the responsible healthcare trust that mistakes were made to help give you closure.  

To find out more, read our guide on how to prove medical negligence.

What is medical negligence?

Even though healthcare in the UK is generally of a high standard, things occasionally go wrong. If the results of treatment are not as effective as expected, fell 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 healthcare workers do sometimes make mistakes that could have been avoided with more care, skill or better organisation, and sometimes this amounts to medical negligence (sometimes referred to as clinical negligence). Examples of medical negligence include:

• An operation being incompetently performed: this could include errors in surgical technique, failure to sterilise equipment, or operating on the wrong body part.
• A GP failing to recognise the seriousness of symptoms: this might involve misdiagnosing a serious condition, failing to refer a patient to a specialist, or dismissing symptoms that require urgent attention.
• A baby being injured because of a mishandled birth: this could include failure to monitor the baby's heartbeat, improper use of forceps, or delays in performing a necessary C-section.
• Prescription errors: this might involve prescribing the wrong medication, the wrong dosage, or failing to consider harmful interactions with other medications the patient is taking.
• Failure to obtain informed consent: this includes not fully explaining the risks and benefits of a procedure, or performing a procedure without the patient's consent.
• Neglecting patient care: this could include failing to provide necessary follow-up care, ignoring a patient's complaints or concerns, or failing to take necessary precautions to prevent infections.
• Radiology errors: this might involve misinterpreting X-rays, MRIs or other imaging studies, leading to incorrect diagnoses or treatment plans.
• Anaesthetic mistakes: this could include administering too much or too little anaesthetic, failing to monitor the patient's vital signs, or using faulty equipment.

Sadly, patients who experience medical negligence are at risk of experiencing life-altering consequences, including financial damage, bodily harm and psychological injury, such as post-traumatic stress disorder. Through our no win, no fee medical negligence claims service, we can help you obtain the compensation you are entitled to if you or a loved one has suffered harm because of the medical care you have received.

What is the medical negligence claim process?

Your first step in the claims process is 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. As there are often just three years to bring a claim (unless the claim involves a child), make sure you do this as soon as you can. 

Sometimes we will ask you to make a formal complaint about your care to the relevant healthcare trust as the response can provide valuable information. We can provide help with this if needed. 

We must obtain and review your medical records to start a claim and we will need you to sign some forms to give us permission to do so. We will then source leading and independent medical experts, working in the area of medicine concerned, to provide evidence as to whether or not the care was negligent and if it was, what harm it caused. 

Every medical negligence claim is different and we will 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 understand how a no win, no fee medical negligence claim works, ensuring you get the compensation you deserve.

For more information on how to claim for medical negligence, take a look at our complete guide to the medical negligence claims process.

What is the medical negligence claims time limit?

Typically, the medical negligence claims time limit is three years from the date you first knew, or could reasonably have been expected to know, that something had gone wrong with the medical treatment that caused your injury. 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 poor care has had long-term consequences until months, or sometimes years, after the event. Due to this, the date of knowledge may vary depending on the type of treatment or injury you had.

Time limits include:

• Three years for anyone over the age of 18
• For children there is no time limit until their 18th birthday, when the three-year time limit kicks in and expires on their 21st birthday. A three-year time limit if someone has died because of negligence, starting from the date of death
• No limitations for people under a legal disability (i.e. those suffering from a brain injury, or with a learning difficulty that means they don’t have the capacity to bring a claim)

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, you should speak to the no win, no fee medical negligence solicitors at JMW well before the end of the limitation period. The sooner we are able to investigate the case, the more likely it is that documents will still be available and that people will be able to remember what happened.

For more information, read our guide about the time limits to making a medical negligence claim.

Can I claim medical negligence after 10 or 20 years?

If your clinical negligence claim falls into one of the exceptional categories listed above, it may be possible to make a valid claim many years after the original incident took place. This applies most commonly to injuries that do not become apparent until many years after the original event.

The only situations in which an extension to the standard time limit is granted at the discretion of the court are where a judge decides that it would be unjust for the claim not to proceed. However, these cases are extremely rare and will need to be justified in depth on a case-by-case basis.

As such, as a rule, claimants should assume that the three-year limit will be strictly enforced in most cases, making it important to bring medical negligence claims as soon as possible.

What are the different types of medical negligence?

Medical negligence is a relatively broad term that describes a wide range of experiences. There are many different types of medical negligence, from misdiagnosis to severe surgical errors. Take a look at some of the examples of medical negligence claims we handle below:

• Hospital negligence cases, such as those brought against both private and NHS hospitals. 
• Incorrect medication/prescriptions 
• Delayed diagnosis of illnesses such as stroke or meningitis 
• Delayed scans leading to harm
• Failure to recognise signs of serious injury, such as those affecting the spine
• Harm sustained during or following surgery
• Improper treatment due to misdiagnosis of a medical condition
• Birth injuries including harm to both mother and child, whether it occurs before, during, or after childbirth (Erb’s palsy, cerebral palsy, pre-eclampsia, hip dysplasia).

How much compensation for medical negligence?

After receiving inadequate care, you may feel in pain, alone and disappointed. It is unfair for you to be burdened with financial concerns on top of everything else. This is especially true if you needed additional treatment to correct the problem. You probably did not plan on being hospitalised for such a long time, separated from loved ones, and possibly unable to work.

Medical negligence compensation amounts will be calculated to take all of these factors into account. By speaking to a no win, no fee medical negligence lawyer at JMW, we can help to provide a broad estimate of the value of your claim, depending on the seriousness of your injuries and other circumstances.

All of the following factors will be taken into account when calculating medical negligence compensation amounts:

• Loss of income and any time off work
• Losses to your future income and any future impact on your ability to work
• Psychological conditions you have developed that were caused by the medical negligence
• The care you now need
• Any adaptations you have had to make to your car or home (or may need in the future) 
• Any medical care costs, treatment, travel or accommodation expenses incurred as a consequence of the negligence
• Any rehabilitation programmes prescribed to you by a medical professional as a result of the injury
• The extra daily expenses you incurred
• Any negative effects on your social life or interests and hobbies you may no longer be able to enjoy