Our expert Medical Negligence Solicitors are able to deal with most claims on a No Win No Fee basis.
Medical Negligence Claims Frequently asked questions:
- What is a Medical Negligence Claim?
- How Long Does a Medical Negligence Claim Take?
- How Much Is My Medical Negligence Claim Worth?
- How Do No Win No Fee Medical Negligence Claims Work?
- How to Make a Successful Medical Negligence Claim
- Common Types of Medical Negligence Claim
- What Are the Causes of Medical Negligence?
- Why Use Co-op's Specialist Medical Negligence Solicitors?
What is a Medical Negligence Claim?
If a medical practitioner provides treatment which results in an injury, then it may be possible for the patient, or their loved ones, to make a Medical Negligence Claim for compensation.
The main purposes of a Medical Negligence Claim are twofold:
- To compensate the injured person and their loved ones for the loss, pain and suffering that they have endured as a result of the medical negligence.
- To provide rehabilitation support to get them back, as far as is possible, to the position they were in before the medical negligence occurred.
Our Medical Negligence Solicitors offer free initial legal advice on medical negligence and medical accident claims caused by healthcare professionals. A Medical Negligence Claim can be brought against any medical practitioner. This includes private doctors, hospitals or clinics (including cosmetic surgery clinics) as well as NHS hospitals or GPs.
Our free initial advice service will help you understand whether you have a valid Medical Negligence Claim for compensation. If you do, your Medical Negligence Solicitor can help you understand the Medical Negligence Claims process, how much compensation you could secure, and how long your claim is likely to take.
How Long Does a Medical Negligence Claim Take?
Depending on its complexity, a Medical Negligence Claim can take anywhere from a few months to several years to settle.
Factors that can impact how long a Medical Negligence Claim takes include:
- How serious the injuries are that have been sustained
- How quickly medical records and other supporting documents can be obtained and reviewed
- How soon medical assessments can be carried out
- How many people are involved
- Whether the opponent admits blame (liability) quickly
If injuries are minor and the opponent admits liability early on, the claim is likely to settle quicker than a more complex claim where liability is disputed.
It's important to note that a strict time limit applies to Medical Negligence Claims. The deadline for bringing a claim is 3 years from the date that the negligent treatment occurred. If this deadline is missed, then it may no longer be possible to make a claim for compensation (except in exceptional circumstances.
How Much Is My Medical Negligence Claim Worth?
When calculating how much your Medical Negligence Claim is worth, your Medical Negligence Solicitor will first need to establish all of the facts, including:
- What pain and suffering the injury has caused to you and your loved ones
- How the injury will impact on your life in the future
- Whether the injury has resulted in financial losses
- What medical treatment you require, including any ongoing treatment, rehabilitation or care needs
- Whether you require adaptations to your home or workplace because of your injury
Your Medical Negligence Compensation will fall into 2 distinct categories; General Damages and Special Damages. General Damages cover compensation for your pain, suffering and loss of amenity. Special Damages cover financial losses, such as loss of earnings, out of pocket expenses, medical costs, etc.
How Do No Win No Fee Medical Negligence Claims Work?
At Co-op Legal Services, we can handle most Medical Negligence Claims on a no win no fee basis. What this means is that there's no financial risk to you if your claim is unsuccessful, because your legal fees will be covered.
If your Medical Negligence Claim is successful, your legal fees will be covered partly by the other side and partly by a success fee deduction. There are also no up-front fees for you to pay when you enter into a no win no fee arrangement with Co-op Legal Services.
How to Make a Successful Medical Negligence Claim
All doctors, nurses and other medical practitioners have a legal duty to exercise reasonable care when diagnosing and treating their patients. In order for a Medical Negligence Claim to be successful it is necessary to show that both of the following apply:
- There has been a breach of their medical duty – this is where conduct has fallen short of the duty of care owed.
- There has been a causal link between the breach of duty and the injury suffered (causation) – to make a successful medical negligence claim the breach of duty must have caused the patient an injury. If the breach did not cause the injury then there is no claim.
After you instruct your Co-op Medical Negligence Solicitor to investigate your Medical Negligence Claim, they will discuss your claim with you in more detail. Your Solicitor will then gather the necessary information and evidence that is required in order to prove your claim.
Clinical and Medical Negligence Claims require thorough investigation to prove what happened. Your Medical Negligence Solicitor will seek to establish whether the treatment was negligent, what injury has been caused by the treatment in question and what financial losses were incurred as a result.
Your Medical Negligence Solicitor will obtain the following types of evidence:
- A witness statement from you, stating in your own words what happened.
- Copies of your medical records from all the relevant hospitals or clinical treatment centres, including your GP records (your medical records will be reviewed by our specialist team and discussed with you).
- An independent medical expert report to tell your Solicitor whether they believe your medical treatment fell below the standard you are reasonably entitled to as a patient. It may also be necessary to obtain reports from more than one expert.
Your Medical Negligence Solicitor will take the necessary steps to fully assess the nature, extent and cause of the injury you have suffered as a result of any negligent clinical or medical treatment. They will then use their expertise to calculate the right amount of compensation for you.
Your Medical Negligence Solicitor, along with our team of specialists, will work with you to ensure that your Medical Negligence Claim is presented in the strongest possible way. Pursuing your case through the Courts and ultimately at a Trial can be stressful, so your Solicitor will always work to achieve an early compensation settlement out of Court where possible.
Common Types of Medical Negligence Claim
- Failure or delay in diagnosing an injury or illness, such as not conducting the right medical tests at the right time
- Failure to refer a patient for the appropriate specialist treatment, e.g. not recognising the severity of an illness or injury
- Giving treatment which is unsuitable and does not resolve the injury / illness or makes it worse
- Poorly conducted or unnecessary surgery
What Are the Causes of Medical Negligence?
Medical Negligence can happen in any situation where a medical practitioner is providing care or treatment to a patient. Some of the most common instances of Medical Negligence include:
- Negligent general practitioners (GPs)
- Accident and emergency doctors failing to correctly diagnose or refer a patient
- Negligent surgery
- Negligent hospital care
- Negligent cosmetic surgery
- Negligent orthopaedic care, such as misinterpretation of x-rays or poor surgical techniques
- Incorrect prescription, dispensing and/or administration of drugs
Clinical or medical negligence can lead to serious injury, prolonged recovery periods, physical or mental impairment or even death. In many medical negligence claims, inadequate systems or lack of staff can be contributory factors.
Why Use Co-op's Specialist Medical Negligence Solicitors?
As part of the Co-op Group our values of openness, honesty, social responsibility and caring for others are core to the service we provide.
We want to ensure that you are properly looked after so we focus on you and your recovery as well as your Medical Negligence Claim.
We appreciate that when you call us for help, you may not just be interested in claiming medical negligence compensation. Many of the people we have helped want to try and stop similar injuries happening to other people, or ensure that practices at hospitals or clinics are changed.
We will take a sympathetic and supportive approach to your claim and help you in your recovery by providing advice on how to get the best medical outcomes, how to access assistance from local authorities and how to claim benefits.
If you or a loved one has suffered an injury or illness as a result of negligent medical treatment it is essential to get expert legal advice on. When you contact Co-op Legal Services our Medical Negligence Solicitors can assess your situation and advise you on what to do next; free of charge.
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They were very understanding and approachable and ensured that, at every point, we were updated. They worked tirelessly to ensure that no stone was left unturned and that all possible avenues of exploration were dealt with swiftly and professionally.
R.W., Greater Manchester
Patient, friendly and compassionate to the distress of my situation. I was provided with professional and honest advice and I would strongly recommend the Co-op legal team.
With a no win no fee Medical Negligence Claim, if your claim is unsuccessful, there is no financial risk to you as all your legal fees will be covered*.
*Subject to entering into and complying with the terms of a No Win No Fee Agreement and taking out and complying with the terms of an After The Event insurance policy (when appropriate).