Medical Negligence Claims

Reviewed by
Georgia Briscoe, Director of Medical Neglience

Medical negligence explained

Medical negligence can take place at any point whilst receiving medical attention, from an initial GP visit, to surgery and aftercare. This can happen in a number of ways; including misdiagnosis, mistakes made during surgery or being given the incorrect treatment. When malpractice results in unnecessary suffering and consequences for you or your loved ones, you may be entitled to make a medical negligence claim.

All medical professionals have a duty of care towards their patients, and when that duty of care is breached – the medical body in question should be held to account. Processing a claim can also help prevent the same mistake from happening again; as this forces a thorough investigation to be organised and the mistake is subsequently examined and reported.

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How do I make a Medical Negligence Claim?

Our expert team will support you throughout the process of making a medical negligence claim, providing guidance and empathy during what can be a difficult time.

The process of claiming against a medical professional or healthcare organisation begins with speaking to an experienced specialist about your situation. Our advisors can assess your case over the phone for free to determine whether you have a claim for medical malpractice. First, we’ll collect details about the treatment you received to allow the best possible understanding of the care you received and how it has impacted your life, so that we can ensure that you receive the right amount of compensation to cover your current and future needs.

Once your medical negligence claim has been accepted, the next stage is to prepare for the case by obtaining medical records and relevant documentation related to the care you received, as well as a detailed statement. Getting an expert opinion is often also necessary to confirm breach of duty and the subsequent harm that you endured. All of this work is completed by one of our expert lawyers, and we will pay for all fees involved under our No Win, No Fee agreement.

How it works:

STEP 1 – INITIAL ENQUIRY

Contact us, free of charge. Chat to our team of experts who are fully trained to ask the right questions, so that our legal teams can quickly advise if you have a case.

STEP 2 – CASE ACCEPTANCE

Our medical negligence specialists assess your case and get back to you quickly with a decision.

STEP 3 – MEDICAL RECORDS

If your case is accepted, our legal team will request all of your medical records.

STEP 4 – MEDICAL EVIDENCE

Medical evidence will be obtained to confirm that the treatment you received was negligent and that this treatment caused an injury or contributed to making an existing condition worse.

STEP 5 – NEGOTIATION

Once supportive medical evidence has been obtained a claim will be submitted to the defendant and they will be invited to admit fault. We will then negotiate with the defendant to obtain a suitable award of compensation so that you can get back to a similar situation as you were in before the negligent treatment occurred.

STEP 6 – COMPENSATION

It is often difficult for any amount of compensation to fully compensate for pain and suffering. Compensation can, however, allow you to live a life as normal as possible. You could be awarded financial aid for all out of pocket expenses, loss of earnings, and any potential private treatment costs to put things right. It also covers rehabilitation costs and compensation for your injuries and the impact they have had on your day-to-day life.

No Win No Fee Medical Negligence Claims

At Patient Claim Line, we believe that everyone should have the right to seek fair compensation and get the justice that they deserve, without being deterred by financial worries during an already distressing time. That’s why we will never ask you for an upfront payment, so you can focus on recovery without the pressure of paying for our service out of your own pocket.

All medical negligence claims are handled on a no win no fee basis. This is basically a legal agreement that makes it easier to pursue financial compensation for medical negligence, no matter what your personal financial status. This arrangement means that if your case is unsuccessful, and you have cooperated fully during the process, you won’t have to pay a penny for your legal representation.

What compensation could I be entitled to?

The type of financial compensation granted for your medical negligence claim will differ from case to case, but broadly can be split into two categories. The first is general damages, which compensate for the pain and suffering that you have endured due to an error from a healthcare professional. This will be based on the severity of your injury or illness, and how much the negligence has affected your life.

You may also be entitled to special damage compensation, which reimburses any out of pocket loses which were a result of the negligent care you received. It also covers any future losses that may occur due to your injury or illness. This could include:

Loss of earnings
Medication costs
Private treatment
Rehabilitation costs
Travel expenses
Medical equipment

What is medical negligence?

Medical negligence is substandard care provided by a healthcare professional that directly causes harm to a patient. The care must have fallen below what is reasonable for a healthcare professional under those circumstances, and is usually assessed by an independent expert in the field. Medical Negligence can happen in a number of ways. The patient could be misdiagnosed, or could have been victim to mistakes during surgery. They might have received incorrect treatment, aggravating their existing condition. When medical negligence results in unnecessary suffering and causes further injury or distress for you or your loved ones, you may be entitled to seek compensation.

What types of medical negligence can I claim for?

There are many types of medical negligence that may warrant a claim, including;

Misdiagnosis or delayed diagnosis
Negligent cosmetic procedures
Mistakes during dental work
Care home negligence
Pressure sore claims
Incorrect surgery
Birth injuries

Medical negligence is a complex area of the law, so seeking advice from a specialist solicitor will help you to understand your rights before pursuing a claim.

How do I know if I have a medical negligence case?

If you are unsure if you have suffered medical negligence, the easiest way to find out is through our 10 Second Claim Test. Our specialist team will assess your information and let you know if you are eligible to make a medical negligence claim. It can be difficult to understand your rights without the help of an expert, and often the medical team will not admit fault for the distress or injury caused. We will investigate the evidence on your behalf, and help you to assess if you have a medical negligence case.

How do I make a medical negligence claim?

To make a medical negligence claim, simply take our 10 Second Claim Test. Once we have your information, our expert medical negligence team will assess your information and let you know if you have a case or not. We always let you know either way and we always explain our reasoning. All the paperwork and investigation is handled at our side, and once you have given us the important dates and facts relating to your case, the rest is taken care of by our team.

Can I make a medical negligence claim after 3 years?

To make a medical negligence claim, it is important to seek legal advice within three years of the negligent treatment taking place, or within three years of first becoming aware of the negligent treatment. In cases involving a minor (anyone under 18), the legal case must be pursued within three years from the date of their 18th birthday. In cases where the injured patient lacks mental capacity, either prior to or as a result of the negligence, there can be no time limit set. This is important to ensure that key dates and appointments can be recalled in detail, and we are unable to investigate your claim following the expiry of this three year window.

How long does a medical negligence claim take?

Processing a medical negligence claim can take on average between 12-18 months for a straightforward case, but can take much longer for more complex cases. Your case handler will be in touch with you regularly to update you on the progress of your claim. It is important to pursue your claim within three years of the negligent treatment taking place.

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Meet the team

Adrian Denson
Chief Legal Officer

Adrian joined us in December 2011 as Head of Serious Injury, leading the department through a period of significant growth, whilst working with customers following catastrophic and life changing events. In spring 2017, Adrian was appointed our Chief Legal Officer and oversees all of our legal teams, ensuring our customers are always at the heart of everything we do. Adrian has been named in the Legal 500 as one of the top 10 leading individuals for personal injury in the North West for the second year running.

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Georgia Briscoe
Director of Medical Negligence

Georgia is the Head of Medical Negligence and has an impressive wealth of knowledge. She has over 15 years of legal experience and is responsible for overseeing the whole medical negligence team. Within her role, Georgia ensures that all of our cases are dealt with the utmost efficiency and professionalism.

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Peter Rigby
Director of Medical Negligence Serious Injury

Peter is dedicated to supporting victims of catastrophic medical negligence injuries and endeavours to provide a clear and coherent approach to claims. He recognises the effects serious injuries can have and therefore ensures his customers’ need for support is met. Peter also has a vast amount of experience working with customers who have been injured abroad and is able to act under international law to provide the best outcomes.

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Christian Beadell
Head of Medical Negligence Fast Track

Christian is Head of Medical Negligence Fast Track at Fletchers and has specialised in clinical negligence claims since qualifying in 1997; having dealt with a wide variety of claims throughout his career. He is also featured in the Legal 500 as a recommended claimant solicitor in the North West.

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