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Medical Negligence Compensation Claims Guide

 

Legally, a Medical Negligence Claim is a process in which a patient attempts to seek compensation from their medical practitioner or hospital due to an act of negligence which took place while in their care.

Where harm is caused due to negligent healthcare, claiming compensation for pain, suffering and loss of amenity, can seem difficult and daunting, especially when dealing with the fallout of negligent treatment or surgery, but a Medical Negligence Claim provides the means for seeking justice and compensation. Above all, navigating a Medical Negligence Claim, is not something you need to face on your own. 

At Lanyon Bowdler we understand the process and complexities of making a Medical Negligence Claim. We are here to support you and your family through the entire claim process and beyond. We are nationally recognised experts in helping the injured claim compensation, and we will be with you for the journey. 

Our National Healthcare System is widely regarded as one of the highest quality national medical institutions in the world. Damaging accidents are rare, but they may sometimes take place. For those who have unfortunately suffered due to improper or negligent care, we have devised an extensive guide to inform you of the process of making a Medical Negligence Claim, your rights, and the law.

If you believe you have suffered physical, psychological or financial damage because of clinical negligence, our Medical Negligence Claims experts are here to support and guide you through the process.

What constitutes Medical Negligence?

The law clearly defines that a clinical negligence compensation claim may be brought when all components of the three-part test have been established.

The three criteria are:

  1. The doctor owed a duty of care;
  2. That duty of care was breached; and
  3. As a direct result of the breach, the person has suffered harm or personal injury.

A duty of care is a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any act that could foreseeably harm another person. Breaching this duty of care can mean that an individual may be liable.

The burden of proof to demonstrate substandard level of care is on a claimant. This is the result of the 1957 case Bolam v. Friern Hospital Management Committee, in which a patient sustained severe injuries as a result of Electroconvulsive Therapy (ECT). The Judge dismissed the claim, highlighting the requirement that it is for a claimant to prove that no responsible, skilled and caring medical professional would have advised or carried out the course of action that ultimately resulted in injury.

A Judge may deem a medical opinion reasonable if this conclusion is backed by a reputable body of experts and professionals. The Judge may not choose between two “schools of thought” where both are found to be reasonable courses of action within the realms of the case and withstand logical analysis.

Some of the types of clinical and medical negligence cases our specialist solicitors can deal with include:

  • Brain injury
  • Birth injuries
  • Cancer misdiagnosis and delayed diagnosis
  • Cerebral palsy
  • Cosmetic surgery negligence
  • General surgery
  • GP Claims
  • Hospital negligence claims
  • Spinal injuries

We can review the circumstances of your case and assess whether you could have a valid claim. Get in touch with one of our medical negligence compensation claim experts today.

How do I start a medical negligence claim?

When pursuing a Medical Negligence Claim, it is imperative to seek expert and trustworthy legal advice as soon as possible. Our team of authorised and regulated medical negligence specialists has a breadth of experience in handling clinical negligence claim cases. We are available to discuss your circumstances and make sure you reach the best possible outcome.

The first step is to contact us through the enquiry form or the number on this page. We will assess your case with a friendly and confidential chat and guide you through the process.

Pursuing a medical negligence compensation case can be complex and difficult. However, our expert team of medical negligence specialists has extensive experience handling complex cases.

You may decide to lodge a complaint with the hospital, doctor, or practitioner before contacting a solicitor. This may help you investigate the circumstances of the event, and determine who, if anyone, could be responsible and liable for what went wrong.

Your solicitors will then gather evidence to support your claim. This may include:

●          Medical Records - X-rays, GP records, hospital records etc.

●          Statements from yourself and/or witnesses

●          Photographs

●          Reports from independent medical experts - these may consider whether the care provided to you was substandard, or determine the cause and severity of your injuries, and an estimate of your recovery time

All records and findings found during this phase will help your legal team fully understand what you may be entitled to in terms of compensation.

The claim must also be filed with the court within a specific timeframe.

There are many challenges and obstacles to overcome but with our team on your side, you can be assured of the best possible outcome for you and your case.

How much time do I have to make a medical negligence compensation claim?

In the UK, the legal statutory time limit to file a claim is normally three years from the date of a specific event or incident.

There are, however, some exemptions to the three year rule - most notably if the damage or injury caused by the negligent behaviour did not manifest themselves until a later date. In these cases, the three year time limit is calculated from what is known as Date of Knowledge i.e. from the moment when they knew or reasonably believed that their injuries were caused by the past negligent treatment. It is also important to seek legal advice immediately in order to make sure the process is handled properly and with no further complications.

Another common exception to the normal three year time limit involves children under the age of 18.

In cases where a child has been the victim of medical negligence, the three year time limit starts from the day of their 18th birthday, and therefore court proceedings must be commenced before they turn 21 years old. This exception exists so that the child may claim compensation themselves as an adult.

It should be noted that if a parent has already made a claim before a child turns 18, the child will not be allowed to make a claim for the same case later.

Should a child suffer some form of brain injury or lacks the mental capacity to pursue a claim after their 18th birthday, the law specifies no time limit for a claim. Similar exceptions exist for individuals with mental impairments for cases where the accident has happened after the victim’s 18th birthday.

Our team of medical negligence experts have handled many complex cases and can support you through the procedure.

My accident took place while in NHS care. Can I make a medical negligence claim?

The NHS provides a vital service to the British public and is renowned worldwide for its standard of healthcare quality. Unfortunately, things can go wrong, and cases of medical negligence can have devastating effects on patients and their families.

You may claim for medical negligence compensation against any individual or organisation that reasonably owed you medical duty of are. This includes claims against the NHS and any doctor and practitioner associated with it for instance, hospital trusts, nurses, surgeons, mental health professionals and more.

Cases of clinical negligence in NHS patients have reached a 10-year high in the data available for 2020/2021, with 12,629 incidents reported. This represents an almost 50% increase from the 8,655 cases for 2010/2011. The majority of the incidents (4,295) happened in non-specialty areas, which includes claims against General Practitioners.

Most of the cases reach a settlement before going to a final trial.

While the NHS provides high standards of healthcare services to millions of people every year, incidents of medical negligence can and do occur. The objective of a clinical negligence compensation claim is not for a person to benefit financially, but to restore an individual’s situation to what it would have reasonably been should the incident not have taken place. Not only this, but it is to highlight the issue with the NHS so that changes can be made to ensure that a similar event does not happen again in the future. Learning from mistakes is imperative.

Your legal rights regarding medical negligence and who can be held liable for your damages ultimately depends on who was responsible for your care, and circumstances may vary greatly.

How can I fund my medical negligence compensation claim?

The fear of the financial burden associated with the pursuit of a compensation claim through the courts can often be overwhelming. However, it should be noted that many funding options may apply to your case.

  • Conditional Fee Agreement (“CFA”)

A CFA is commonly referred to as a “No Win No Fee” agreement. Should your case be ultimately unsuccessful, you will not be liable for the costs associated with the legal procedure. If your case is successful, a “Success Fee” may apply, usually as a pre-agreed percentage of your settlement.

  • Legal Expenses Insurance

You may unknowingly be covered by Legal Expenses Insurance. This could be included in your home or car insurance policies, and your policy may outline specific limitations in terms of cost, or choice of solicitors.

  • Legal Aid

Medical negligence cases are not normally covered by Legal Aid However, in very limited circumstances, Legal Aid may be available for claims involving neurological injuries suffered by children during pregnancy, birth or the eight weeks following birth.

  • Private Funding

You may also cover all the costs associated with your solicitors and external expenses with your own funds.

How can I prove my damages because of medical negligence?

Losses directly caused by medical negligence can include physical, psychological or financial losses - both past and future. They can be divided into:

  • General Damages (for your pain, suffering and loss of amenity)
  • Special Damages (compensating financial losses suffered, both past and future, as a direct result of the incident)
  • Legal Costs
  • Interest

It is vital to keep an updated record of any financial documents to support your claim.

Receipts, bank statements and payslips from the six months preceding the incident can all massively help your case, although the final calculation of your financial compensation will be made by a solicitor or barrister. If the claim is made in regards to an incident that has taken place some time ago, this sum may be adjusted for inflation.

How does a medical negligence investigation work?

To investigate a potential clinical negligence claim can take a long time, but, once you have selected your legal representation, your legal team will guide you through the process.

The solicitor in charge of your medical negligence compensation claim will obtain your medical records from your GP, hospital, and wherever you have had treatment. A Witness Statement will be draft detailing your own account of events...

At this time we may send a Letter of Notification or may proceed to obtain independent expert evidence in relation to the care you have received. Proving those experts are supportive of a claim, a Letter of Claim will be sent to the party considered liable for the incident. The letter will contain all relevant documentation, explaining how the negligence is believed to have taken place and the damages considered directly caused by it.

The defendant will then have four months to respond to the Letter of Claim. In their response, they may: - may admit liability in full; they may deny the claim entirely; or they may respond with a partial agreement - for example, they may admit a breach of duty has taken place, but deny that any damage or injury was caused by that breach,

If the defendant admits both breach of duty and causation outlined in the Letter of Claim, the case can be valued and negotiations for settlement can begin. This will be supported by medical evidence and evidence in support of all of your financial losses.

Should an agreement on the settlement sum not be reached, the case will need to be go to court. This can be a very expensive process and given the level of costs that can be involved for all parties, we will explore every avenue and try and reach a settlement for you before court proceedings are commenced. However, if court proceedings cannot be avoided, our experienced clinical negligence solicitors will ensure that your case proceeds through the court process as quickly and efficiently as possible.

Do I need to go to court for a medical negligence compensation claim?

It may be necessary to take your medical negligence compensation claim to court if the defendant has denied liability, or if the parties cannot agree on the settlement.

Obtaining a court hearing can take several years following the issue of proceedings, and the costs associated with pursuing a court case make this approach unappealing, but necessary in some circumstances.

What is the process for a medical negligence claim court Case?

A legal document called a “Particulars of Claim” will be drafted and served to the defendant. This document will outline your case and demonstrate why the defendant is responsible for the incident and damages.

From the receipt of the Particulars of Claim, the defendant will have 28 days to respond with a ”Defence”. This is another legal document which will explain the reason for disputing your claim.

A timetable will then be set by the court for certain steps to take place to ready your case for trial, such as:

  • exchanging witness statements.
  • exchanging expert evidence.
  • the experts preparing a joint statement, which will include points of agreement and disagreement. The statement will give your solicitor a much clearer view of where your case stands.
  • finalising details of financial losses.

Once all steps of the timetable have been completed, and if a settlement has not been reached, then your case will be determined by a Judge at a trial.

It should be noted that your lawyer will continue to use their best endeavours to try and obtain a settlement for you up until the date of the trial. The vast majority of cases are resolved during the court process and before the final court hearing.

If the Judge comes to a favourable conclusion for your case, the defendant will be ordered to pay you an amount in compensation, as well paying your reasonable legal costs.

In the unfortunate event of your loss in the court, your solicitor will advise you about your options based on the outcome of the Judge’s ruling and whether an appeal is possible, but this usually ends the legal process for your compensation claim.

Contact Us

If you think you or a family member has received negligent treatment from a hospital, health centre or a medical professional, which has left you or a loved one distressed, in pain, or with additional health problems, then it is likely you are entitled to make a medical negligence claim.

Give us a call or complete our online enquiry form, to see how our team can help you.

Please call for a friendly, confidential, and compassionate approach to your situation. There is no obligation or any charge for our initial assessment.

By choosing Lanyon Bowdler to assist you in pursuing your medical negligence compensation claim, you can rest assured that you have the best legal expertise on your team.

Lanyon Bowdler's medical negligence solicitors are widely acclaimed and nationally recognised as one of the best clinical negligence departments in the country.

We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry, and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands (including Wolverhampton & Birmingham). As a leading full-service law firm, we can represent you wherever you live in England or Wales.

We are committed to providing you with exceptional service and will work closely and considerately with you to help find the best outcomes and help to get your life back on track.

If you wish to complain or seek compensation for an incident of medical or clinical negligence, our team of approachable specialists will be able to deal with it with sensitivity and compassion.

Testimonials

Professional and Organised. My experience of Lanyon Bowdler has been extremely favourable. The solicitors and their secretaries are professional, discreet, friendly and explain everything. They handled my claim with the upmost professionalism and respect and worked hard to gain the best result possible.  

- Lorna, via Review Solicitors

I was very happy that I used Lanyon Bowdler.

- Mr Richard A Cave, Wrexham

Attention to detail at all times, all business carried out directly with one solicitor.

- Mr Ian H Jones, Flint

A complete honest and friendly service from start to finish. Thank you very much. 

- Mr William Peace & Richard Peace, Ludlow

Professional and caring towards clients.

- Mr Nicky John Mullis & Mrs Alison Jane Miles, Shrewsbury

Professional, clear on expectations, prompt on responding to my questions and queries. All paperwork sent promptly and clearly marked when you required my response. 

- Miss Nicola Georgina Foster

Every step of the way you have cared, you have listened, you have supported and you have fought for us. And you have done all this in the most professional and dignified manner. 

- Mr & Mrs XB

'You really cared and wanted the best possible outcome for our son'

- Mr & Mrs Abernethy, Cheshire

Case Studies

Death of Young Mother of Three Could Have Been Avoided

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Misfiled Radiology Report Causes Catastrophic Harm

Mr L originally presented to Shrewsbury and Telford Hospital NHS Trust (SaTH)...

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Six Figure Settlement Received within One Year

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Settlement received for delay of treatment claim

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Hospital “Never Event” Led to Patient’s Premature Death

Lanyon Bowdler was instructed to investigate a potential claim arising from t...

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Compensation Following Delay In Diagnosis and Treatment of Acute Appendicitis

Lanyon Bowdler helped C to claim compensation from Worcestershire Acute Hospi...

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Six Figure Settlement for Family after Negligence Claim

In September 2020 Lanyon Bowdler successfully settled the case brought on beh...

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What types of Medical Negligence Claims do Lanyon Bowdler handle?

 

If you or somebody you love has suffered brain damage because of the negligence of a doctor, nurse, or other medical professional, you may have grounds for a medical negligence claim. Brain injuries can cause a wide range of serious symptoms, including loss of speech, mobility, or personality changes.

 

  • 111/999 & Ambulance Service Negligence Claims

Every month in the UK, almost two patients die as a result of failings by ambulance services and emergency call handlers. If emergency services failed to give due care and attention when responding to an emergency, then you may be entitled to make a claim.

 

If you or your baby have suffered a birth injury due to medical negligence, our expert team will listen carefully to what has occurred and advise you on whether we feel you have grounds to make a Birth Injury Claim.

 

If cancer is misdiagnosed or missed, treatment can be more difficult and the chance of recovery reduced. If you have had test results misinterpreted or something missed during an examination, you could be legally entitled to seek compensation.

 

If you have suffered from a heart condition that was misdiagnosed or not treated by a cardiologist, then you may have grounds for legal action. This can be a frightening prospect, but we are here to help you through every step of the process. We are well-recognized solicitors in Shropshire, Herefordshire, and North Wales, and we are dedicated to helping our clients get the justice they deserve.

 


Medical negligence claims involving children are typically the result of delays in diagnosing common childhood illnesses and errors in treatment. Young children are particularly at risk because they often find it difficult to communicate their symptoms, which can lead to them being overlooked.

The solicitors here at Lanyon Bowdler have dealt with a wide variety of child injury and child negligence claims, and can provide all the knowledge and experience needed to pursue compensation.

 

If you feel that the care you received during a cosmetic surgery procedure was negligent, which led to an injury or disfigurement, it is crucial to get in touch with a legal specialist as soon as possible. Our team has the knowledge and expertise to advise you on your options, and will discuss your case in a warm and friendly way.

 

  • Dental Negligence

If the care or treatment you have received from your dentist falls below the expected standards, leading to an injury or illness, you may have grounds for a dental negligence claim.

 

  • Diabetes

If you feel that the diagnosis or treatment for Type 1 or Type 2 diabetes was mishandled by a health care provider in any way, then you may have grounds to pursue a claim for compensation. If you, or someone you know, has suffered complications with diabetes that could have been prevented with proper care, then please call us today.

 

We understand that considering a claim for compensation is unlikely to be at the forefront of your mind at such a distressing and emotional time, and that no amount of compensation can replace what you have lost. However, we also understand that you want answers. We are here to help you get justice and secure the compensation and closure your family deserves.

 

If you or a member of your family has suffered a serious injury during surgery, please get in touch with our medical negligence team for some specialist advice. Our initial consultation is free of charge and we'll be able to offer an insight as to the viability of your claim. If you choose to proceed, we'll help you through every step of the journey towards getting compensation.

 

  • GP Claims

If you feel that your GP was negligent in the treatment or advice they gave you, or that they missed or delayed a diagnosis that led to the condition becoming more serious, we can help.

 

  • Hospital negligence

No matter the situation, when an individual receives treatment or advice at a medical institution, they place their trust in the healthcare professionals looking after them. Sometimes the treatment a patient receives falls short of the expected standard. When this unfortunate situation arises, the law is there to protect you.

If you, or a loved one, has received sub-standard treatment at a hospital which has caused preventable pain and suffering, you may be entitled to make a medical negligence claim against the hospital.

 

  • Inquests medical negligence

If the circumstances of a fatality lead to an inquest, our team can provide the very best legal representation throughout the process. A coroner's inquest can be very upsetting and stressful, which is why we are here to provide the support and advice you need.

 

  • Mental Health

Patients who receive inadequate mental health treatment and care can sometimes experience a severe deterioration in their psychiatric condition. If conditions such as schizophrenia or depression are misdiagnosed, missed, or mishandled it can have catastrophic consequences for both the patient concerned and their loved ones.

 

  • Misdiagnosis & Delayed Diagnosis

Symptoms can sometimes be genuinely difficult to assess. But if you think that your diagnosis (or lack thereof) was negligent you may be able to take legal action. Whether your disease was misdiagnosed, delayed, or missed altogether, the wide-ranging consequences of a delayed or misdiagnosis, can leave you wondering which way to turn.

 

Negligence can occur on the part of drug manufacturers, or when errors are made prescribing or dispensing medication. Such errors can lead to adverse side effects causing short and long term impacts on a patient’s health. In the worst cases, patients may face life-threatening or debilitating conditions that cause a great deal of suffering. Prescription medication negligence includes a doctor incorrectly writing up the dose of the drug, which in extreme circumstances can lead to the patient accidentally taking an overdose.
 

If someone develops Sepsis as a result of a hospital stay or surgical procedure, or there was a delay in diagnosing Septicaemia, then you may be eligible to claim compensation for the suffering and harm caused. Our expert team ensure your claim is pursued effectively, giving you the best chance of securing the compensation you deserve. 

 

If a spinal injury is caused by medical negligence, relating to sub-standard surgery or misdiagnosis, it is vital to speak to a legal specialist about how you can claim spinal injury compensation. Financial support is hugely important to help the victims of spinal injuries regain their independence and improve their quality of life.