Clinical / Medical Negligence

As with any injury claim, you must be able to show that your injury or condition was caused by the negligence of a medical professional. In such cases, it is not enough to say that the treatment you have undergone was unsuccessful, it will be necessary to demonstrate that the reason your treatment or procedure was unsuccessful was due to negligence.

The harm suffered also needs to be of a level that justifies the costs of making a claim. In cases, where the injury or harm suffered is very minor, or if a rapid recovery is expected then it may not be possible to pursue a legal represented claim.

In order to proceed with your case, speaking to a specialist medical negligence solicitor is recommended. At Ramsdens Solicitors, we are happy to talk to you about your circumstances, and provide you with our expert opinion about a possible negligence claim.

If you or a family member has received substandard medical treatment, speak to the team at Ramsdens.

You must take action for compensation within three years of the date you first knew, or could reasonably have known, that something had gone wrong with your medical treatment. In most cases, the date of knowledge will usually be quite soon after the treatment has taken place, but sometimes, the consequences of a particular event do not become clear until months – or sometimes years – later.

There are however some exceptions to this, such as:

• If the person claiming compensation is a child, the three-year time limit only expires on his or her 21st birthday
• There is no limitation period for those injured which lack mental capacity at the time of the negligence
• If a person has died as a result of the negligence, the three-year time limit runs from the date of death and not the date of the negligent act

Time limits are strictly enforced, and it is rare that a judge will exercise discretion to allow a case to be brought “out of time”.

We recommend taking time to start proceedings well before the end of the limitation period, as the sooner a case is investigated, the more likely it is that certain documents will still be available, and that people will be able to remember what happened.

While many people believe that medical negligence cases only involve suing the NHS, this is not the case. All health practitioners can be held accountable if you are able to prove that they have acted negligently. This includes cosmetic surgery, dental treatment, ophthalmic treatment and when attending private clinics.

If you believe you have grounds to sue your medical practitioner, a solicitor will help you to start investigations to establish if there are prospects of a successful claim.

Legal Aid was formerly available to fund medical negligence claims; however, this is now only available in very limited circumstances. Now, the most common option that claimants use to fund their case is a Conditional Fee Agreement, which is also known as a no win, no fee arrangement.

At Ramsdens, we provide no win, no fee representation to all clients who have suffered from medical negligence. We will work tirelessly to secure the compensation you deserve if malpractice has resulted in needless suffering.

If your compensation claim is successful, a deduction from your compensation will be applied as a contribution towards your legal costs, however should the claim not be successful there will be nothing for you to pay.

It is vital that you are able to prove that you have been the victim of medical negligence to ensure that your case is successful. If there is not enough physical evidence, then it is unlikely that your case will be able to proceed.

If you have suffered negligence at the hands of a medical professional, it is vital that you keep records of everything to do with your case, no matter how minor they may seem. This includes records, medical notes, correspondence with healthcare staff and expert medical opinions.

When working with Ramsdens Solicitors, we will contact the medical practitioner to request any medical records or notes that are relevant to your claim.

The vast majority of medical negligence cases are settled before they reach a full trial. The defence will usually come forward with an offer of financial settlement. However, it is possible that your claim will proceed to Court, and this is dependent on the circumstances of your case.

We understand that the prospect of appearing in Court is incredibly daunting to many people, which is why our friendly and compassionate solicitors will do their utmost to ensure you are well looked-after throughout the legal proceedings.

Making a medical negligence claim can often be the only way of rectifying the damage that has been caused by the medical professional’s negligence. The money received by the Claimant will allow them to better cope with the resulting changes to their life, as well as covering any other financial losses they may have suffered as a result of the incident.

The losses covered are varied, but will likely include any earnings that have been lost due to being unable to work for a prolonged period. Compensation can also be used to pay for specialist equipment, rehabilitation and any adaptations to your home that may be required since the incident.

You will also be compensated for the pain, suffering and loss of amenity experienced as a result of the injuries and their impact upon you.

Making a compensation claim can also have a bigger impact than simply recovering money. 

It can:

• Ensure those responsible are held accountable
• Raise awareness of the dangers of certain procedures
• Protect others from suffering the same injuries
• Ensure lessons are learned and mistakes are not repeated

Although it is difficult to predict a timescale for each case due to the unique nature of each person’s circumstances, the proceedings leading up to a trial can take several years. The duration of the claim is dependent on the defendant’s approach to liability and causation, as well as the severity of the injuries sustained and the complexity of your case.

The amount of compensation you receive from a successful claim will depend on a number of factors, such as:

• The severity of the effects of your injuries and how your life has been affected by the injury or illness
• The financial losses that you have incurred as a result of the negligence, such as lost earnings, treatment and travel expenses that can then be recovered as part of your claim

Each case is different and will result in different costs and injury awards. We will assess your circumstances and advise on how much you may be entitled to recover.

Clinical or medical negligence claims require a certain amount of investigation before the prospects of success can be given. Generally, a patient’s full medical notes will be required, plus a report from an independent medical expert who can give an opinion on whether or not the circumstances of the case equate to medical negligence.

Generally, the more complex and severe the injury is, the longer the case will take to unfold. It is not always advisable to settle an injury claim at the first available opportunity, as claimants cannot reopen a case further down the line should their injuries continue to deteriorate.

As part of your clinical or medical negligence case, you can claim for the following:

• Loss of earnings
• Pain, suffering and loss of amenity
• Medical and treatment expenses
• Travel expenses
• Care costs
• Mobility aids
• Home and vehicle adaptation costs

If you make a clinical or medical negligence claim, the civil litigation runs entirely separately from any additional actions taken against a member of medical staff internally by their employer, or externally by the governing medical body.