Few things are as traumatic as being affected by medical negligence. Illness in itself is a stressful phase and for many clinical treatments, is equally exhaustive. At this, the sheer feeing that a medical professional has failed you in proper dispensation of duties can be a little too much to handle and the consequences can be anywhere between painful and devastating. If you have suffered further illness or injury as a consequence of clinical negligence, there are frameworks which grant you right to seek redress and make a claim for compensation. We work with a team of highly reputed medical negligence solicitors who have vast years of experience in securing medical negligence claims & compensation.
The Claim Procedure
The procedure to complain varies slightly with the NHS and private consultants. While the right to compensation is the same for both entities, the NHS is pretty strict with the complaints framework. The private facilities on the other hand might adopt a subjective approach to dealing with complaints. In either case, we commit to guide you through the claim procedure effectively. Here are some clinical negligence cases where our services can be implemental in soothing your burns from negligence.
Medical Negligence Explained
Medical negligence is quite a complex subject to comprehend as it combines two complicated subjects, medicine and law. That is why it is always vital to seek legal advice when dealing with any medical negligence case or even any compensation claim case as many law firms and solicitors who specialise in claim cases are well equipped to deal with such cases successfully. It is highly recommended that when dealing with any negligence case that the claimant use a legal law firm that specialise in the area of negligence in which you want to make a claim in order to receive maximum compensation.
We have a team of highly specialised medical negligence solicitors who are trained in different areas of medical negligence so would be able to assist you with your claim. Piers within the area of medical negligence have a very high regard for us and we have a long standing excellent reputation with those clients that we have represented. We pride ourselves on offering clients a tailor made service as we aim to fulfil all our clients’ needs and make the who medical negligence claim process as straight forward as possible.
If you are unsure as to whether you want to make a claim or even unsure to whether you have an actual medical negligence claim why not take advantage of the free legal advice we offer anyone who believes that they may have been a victim of medical negligence. We also offer any potential clients a free consultation where they can speak to a highly trained solicitor and have any questions or queries they have regarding a medical negligence claim answered without any obligation to take the claim out with us. You can call us on our free phone number 0800 123 456 and speak to medical negligence solicitors about your claim or if you would prefer you can fill in an online contact form where one of our legal team can get back to you at a more convenient time for you.
As we deal with the majority of the clinical negligence claim cases that are appointed to us for representation on a No Win No Fee agreement we can guarantee that our clients will not be at any financial risk. As long as your case shows credibility and validity then we can offer you a No Win No Fee agreement which will mean that no moneys are required from your own pocket.
We are a leading law firm in the UK that have clients right across the country who we work endlessly to help ensure that they receive the compensation they deserve. We can offer rehabilitation programs along with medical experts and legal representation within any area across the UK so at no time are you ever put out and we always make the claim process as pleasant a process as possible.
What is Medical Negligence?
The term for medical negligence may vary depending on what source it comes from especially now it is more regarded as clinical negligence. Medical negligence often referred to the negligence that surrounded the medical profession where as now clinical negligence is the umbrella term for any negligence that takes place and is directed towards a person’s health and well being so is not just based around hospitals and doctors.
Medical or clinical negligence is the omission or act from a health care worker who has provided a service or treatment that is considered below a standard than what it should be and as a direct consequences has caused further damage to the health of the patient/customer. The term health care worker is also quite a broad term and may be confusing as it can be anyone from a physician to a carer to a person who works within the beauty industry, if a person who has a duty, a responsibility towards your health causes you to suffer ill effects due to the service they have provided you then they have committed medical/clinical negligence. Within the boundaries of the law it is not enough for just for a health care worker to have breached their duty of care i.e. provided a poor standard of service, that service, must have in some way either mentally or physically caused you harm.
Different Areas of Medical Negligence Claims
Medical negligence in any form is a serious breach of any health care worker regardless of its severity as some negligence only causes mild affects to a person’s health and they often make a full recovery in a short time but there are other incidents of negligence where the person’s life along with their families suffer greatly some even do not make a recovery. However all types of medical negligence are taken seriously within the law as people’s health is at risk and those that demonstrate a poor work ethic and cause such negligence should not go unnoticed. When a person is a victim of medical and clinical negligence it may bear heavy on them and it is often quite difficult to comprehend as we see health care professionals there to do people good not hurt them through poor care and attention. Below is a list of types of medical negligence;
- Delayed diagnosis
- Brain injuries
- Child brain injury due to negligence while birthing
- Cancer and oncology misdiagnosis and negligence
- Anaesthetic injuries and errors
- Hospital acquired infections (HAI)
- Orthopaedic errors
- Cosmetic injuries
- Beauty and hairdressing mistakes
How is Medical Negligence Compensation Calculated?
Medical negligence solicitors along with other solicitors who specialise in compensation claim cases are often asked how much damages is likely to be awarded and more often than not the same answer is relayed that it is near on impossible to give an exact amount to how much compensation will be awarded especially in the initial stages before any reports from medical experts have been sought after. Personal injury claims and claims of that nature are more straight forward than medical & clinical negligence cases and in claims such as whiplash cases the law has strict guidelines to how much compensation is to be awarded, medical and clinical negligence cases are different in as much as they tend to be a lot more complicated and have many contributing factors.
When calculating the amount of compensation that should be awarded to the claimant two main factors are taken in to consideration;
General Damages – these damages are concerned with the amount of pain and suffering that the victim/claimant has suffered as a result of the clinical negligence and also how much more suffering they will encounter in the future. In the initial stages of a medical negligence compensation case it is difficult to give an exact amount to how much general damages will be awarded before the claimant has been assessed by a medical expert who can evaluate how much damage the negligence has had on the claimant’s health and any requirements that may be needed in the future. Find out more about claims a Justice.
Special Damages – these damages are there to put the claimant back in to the position financially they was in before the negligence took place. Special damages covers any financial losses from when the negligence took place to the present day and any further financial losses that will be experienced by the claimant these may include;
- Medication (past, present or future that will be needed).
- Medical treatment that has or will be needed to ensure the claimant is back to where they were before the negligence took place.
- Care and attention
- Reduction in employment
- Loss of earnings
- Alteration to accommodation
It is important to say that no compensation case is there so that the claimant can financially gain from it, compensation is awarded so that the claimant can receive moneys in terms of damages for the pain and suffering and for any financial losses.
Medical Negligence No Win No Fee
We deal with almost all cases of medical or clinical negligence on a No Win No Fee basis so that our clients can rest assure that at no time will they be at any financial risk. No Win No Fee or conditional arrangements have slightly changed in as much as, before the change took place the claimant did not have to pay a penny of their money towards any fees and it still more or less has stayed the same as the client will never have to pay any moneys from their own pocket but now law firms can take up to 25% of their clients compensation as their success fee. Also visit medical negligence solicitors page.
Do Medical Negligence Cases Have Time Limits?
The general rule which is quite strict is that a person has three years from when the medical negligence took place in order to bring forward a claim for medical negligence compensation however there are exceptions these include;
- Date of Knowledge – when a person is a victim of medical negligence it is not always apparent from the off it may not be until sometime later that they discover that something went not accordingly to treatment they received from a health care worker and that will mean their time limit does not begin until they realised something wasn’t quite right.
- Minors - a minor is considered someone who is under the age of 18 and is not an adult yet. If a minor is a victim of medical negligence they have until three years after they reach the age of 18 to make a claim for medical negligence.
- A Person Suffering from a Mental Illness – for a person who is suffering from a mental illness they have three years from when they make a full recovery from the mental illness if they do not make a recovery then they have a life time to purse a claim for medical negligence.