Medical Negligence

We help clients who have suffered an injury as a result of a medical mistake. Sometimes the consequences of medical negligence can result in life long complications such as serious physical and psychiatric injury or even loss of life. Our medical negligence claims team at IMD Solicitors are here to support you.

We understand majority of the medical professionals practising in the NHS or privately are diligent and caring but mistakes do happen and when they do the patient is left lost, confused and without support. The consequences for both the patient and their family can be devastating and often unimaginable.

As the field of medicine if complex it is even more important that your claim is handled sensitively by a legal professional who has the experience of handling complex medical negligence cases.

IMD Solicitors are specialist lawyers who will help and guide you through what can be a very difficult journey. We can help you get financial compensation which will not put you back in the same position before your trauma but it will go some ways to helping you deal with the aftermath with some additional support.

Click here to view our Medical Negligence brochure

Types of Medical Negligence Claims

Amputation claims
Brain injury claims
Delayed or misdiagnosis of cancer claims
Delayed treatment of cancer claims
Nerve damage claims
NHS never event claims

What are the likely causes of medical negligence?

Often this can be due to negligent treatment or simply a failure to diagnose and treat a condition in a timely manner causing an adverse impact on the patient and his / her overall prognosis. Sometimes never event occur whereby mistakes happen which should never happen in the first place such as leaving an instrument in the patient’s body while operating or operating on the wrong knee. Situations whereby the care and cleanliness falls short leading to hospital acquired MRSA, sepsis or where negligence occurs without your consent can also result in a claim for medical negligence.

What damages you may recover if your claim is successful?

Damages for pain and suffering for both physical and psychiatric trauma
Loss of past and future earnings
Cost of care and assistance
Prescription and medical treatment fees
Cost of adaptation in the home and transport costs
Out of pocket expenses
Specialist care aids and appliances
Costs of assistance for household chores
Travel expenses to and from hospitals for medical treatment

There are approximately 900,000 medical accidents in the U.K which occur either in the NHS or private hospitals. This means thousands of people suffer needlessly due to medical / clinical negligence.

How to prove medical negligence?

In order to succeed in making a claim the law requires the Claimant to prove

1. That the standard of care received was well below that of a reasonable competent health care professional in that field of medicine. This is known as breach of duty of care.

And

2. That as a result the Claimant has suffered a physical and psychiatric injury as a direct result of the care they did receive or did not receive. This is known as causation.

Both these tests must be proved in order for a case to succeed so if breach of duty is proved but causation cannot be proved then the claim will not succeed.

What are the time limits in medical negligence claims?

There are strict time limits in law and it is important that if you think there was negligence you seek legal advice at the earliest possible opportunity.

The law allows the Claimant three years from the date of the negligence or from the date of knowledge from when the claimant became aware of the negligence. If the Claimant is not able to confirm the date of knowledge then it is best to assume that the three years period runs from the date of the incident so as to ensure the claim is made within the 3 year Limitation period otherwise the claim will be out of time.

There are exceptions to this time limit-

For a child claimant who is under the age of 18 the 3 year period does not start to run until their 18^th birthday. This means they have until their 21^st birthday within which to make a claim otherwise their claim will be out of time. This means their claim must be settled or Court proceedings must be issued before their 21^st birthday to avoid the claim being time barred.
Where a Claimant does not have mental capacity
Where the Claimant suffers a temporary mental disability then the time does not run until mental capacity returns

Where the person injured dies the three year time limit runs from the date of death provided the original medical negligence claim is not time barred by the time of death.

What are the steps for making a claim?

If you believe you have suffered medical negligence at the hands of the NHS, or any other health care provider, then these are the steps for making a claim:

Establish that medical negligence has occurred and as a result of which you have suffered damage.
Make a complaint to the NHS Complaints team or to the relevant G.P. practice or private care provider, within 12 months of the incident taking place or within 12 months of you becoming aware of the negligence, this being within 12 months of your date of knowledge.
Send a formal letter of complaint, if on receipt of their reply you remain dissatisfied, take legal advice.
As your Solicitor we will gather evidence of your case before we put forward a civil claim for compensation against the negligent healthcare provider. If your case has merits and the defendant dispute your claim then we may advise you to proceed to Court if we cannot settle the case without litigation.

What is the NHS complaints procedure?

As most cases are against the NHS it is possible for you to submit a complaint within 12 months of the negligence before pursuing a compensation claim. You can do this by sending a letter of complaint yourself to the hospital whom you hold to blame, this will cause the hospital to investigate your complaint and provide a response to your letter of complaint. This is something you can do yourself but if you would like us to assist you then we can do this for a fixed fee. If on reviewing the response we consider you may have an arguable claim then we may agree to waive the fixed fee.

How claims are funded?

There are various ways to fund this claim-

Legal aid / public funding this is available for some birth injury claims such as cerebral palsy and erb’s palsy claims.
No win no fee agreement, this is a Conditional fee agreement with the benefit of a before the event or after the event insurance policy to protect the Claimant against any adverse costs
Legal expenses insurance
Trade union membership

We can assist you on a no win no fee basis with the benefit of an insurance cover to protect you against any adverse costs.

What to do next?

If you would like to have an informal chat with our clinical negligence experts in confidence to see if you have a viable claim then please complete the contact form and we will give you a call back at a time convenient to you or contact Wiktor Buza, by calling us on 0330 107 0107 or email us at info@imd.co.uk. Once we are contacted by you, one of our helpful team members will get in touch.