Find out how we have helped victims of medical negligence.
£30m birth injury settlement for delays at Newham General resulting in cerebral palsy
Following approval at the Royal Courts of Justice in November 2018, Jane Weakley has settled a long-running birth injury case for more than £30m against Barts Health NHS Trust, concerning Newham...1 of 1
Medical Negligence Review 2019
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We have helped thousands of people recover maximum damages in all areas of medicine. We have likely already pursued a case similar to yours. Search by hospital or medical condition to find a relevant case study.
Medical negligence encompasses serious injury following negligent medical care or misdiagnosis, including catastrophic injury to children during birth.
If you have been affected by negligence, our team of award-winning solicitors can react quickly and sympathetically to guide you through the process of making a claim.
Led by top-tier partner Paul McNeil, our solicitors work closely with you to ensure you receive maximum compensation to help rebuild your life.
You can call us freephone on 0800 358 3848, send an email to email@example.com or complete the enquiry form.
Frequently asked medical negligence questions
In order to be successful in a clinical negligence claim you must prove both:
- that the care you received fell below the required standard of care; and
- that this caused you some harm
There are strict time limits, usually three years, in which legal action should be commenced. This three year period runs either from the date of the negligence, or from the date you should have been aware of the injury or claim. Where the patient suffers brain injury or is a child, special rules apply.
It is not always easy to decide if you have a claim. We can help you understand whether you have a claim by undertaking some initial investigations.
A clinical negligence claim can be broken down into two stages; the first is the investigation stage and the second relates to court proceedings.
We will usually see you to take a statement from you. Then we will obtain your medical records and instruct independent experts to consider whether the treatment you received fell below a reasonable standard and if so, whether you suffered injury as a result.
At this stage, we will advise you whether or not you have a case that is worth pursuing. In some cases we will seek the advice of an experienced barrister to give an opinion on the merits of your claim.
We will always consider with you, the results of the initial investigations and together we will consider the appropriate steps.
Our Guide to Medical Negligence Cases sets out the rules for the pre-action protocol and court procedure.
Although taking a case to Court can be a lengthy process, we will do our utmost to ensure that your case proceeds as quickly as possible. Providing there are no hiccups, it normally takes 12-18 months for a clinical negligence case to reach trial from the date we issue proceedings. Throughout this time, we constantly update you and consider your case with you.
Many cases are settled because our philosophy is to prepare your case for trial from the outset.
For more information, please refer to our Client’s Guide to Medical Negligence.
If you are able to show that the treatment you received fell below a reasonable standard and that this caused you harm, you will be entitled to claim compensation for:
- your pain, suffering and loss of amenity
- quantifiable losses, e.g. earnings, medical expenses etc
- future losses and expenses where there are ongoing needs
Each case is assessed on its own merits. It is impossible at the outset of the case to advise you how much compensation you will recover. Much depends upon our investigations into quantum of damages. We will, however, be able to provide you with a broad outline at the initial meeting of the likely merits of the claim.
There are three main ways to fund your claim:
- No win, no fee (conditional fee agreement)
- legal expenses insurance
- private funding