What Is Medical Negligence?
Medical negligence is care provided by a medical professional to a patient which falls below a reasonable standard which directly causes an injury or causes an existing condition to worsen.
Claims of this nature can appear quite complex but our accredited medical negligence lawyers at Coodes are here to make the process for you as easy as possible. If you have a question about making a claim, please contact us free today online or call 01326 318900.
How Do I Make A Claim?
To make a claim, the first thing you need to do is contact one of our specialist medical negligence solicitors. We offer a free initial consultation to chat about what happened and to discuss if you have a legal claim. Just give us a call and we’ll take it from there.
How Do You Prove A Medical Negligence Case?
For your case to be successful, we must be able to show that the care you’ve received was negligent i.e. that the care afforded to you fell below a reasonable standard of care. This is often referred to as a ‘breach of duty’.
It is not enough to show that the care you have received fell below a reasonable standard; we also have to show that the negligent medical treatment also caused your injury or contributed to make an existing condition worse. This is often referred to as ‘causation’.
How Much Can I Claim For Medical Negligence?
The amount of compensation you can claim for clinical negligence depends on a number of factors.
For example, the amount of compensation you receive will depend on:
- The extent and duration of your injury/illness
- Any expenses you’ve incurred as a result of the injury
- The care you have already received as a result of your injury and the care you will need into the future
Will I Need To Go To Court?
Few cases end up in court. If supportive independent medical evidence is obtained during the investigation of your claim, it is highly likely that your claim will settle without you having to attend court.
Please rest assured, however, that if your case goes to court, we’ll support you all the way through the process.
Are There Any Time Limits For Medical Negligence Claims?
Generally you have three years to make a medical negligence claim from the date that your injury was linked to a medical error (not necessarily the date in which you suffered the injury). However, there are some exceptions to this rule.
If you have a question about time limits in a medical negligence claim, please contact us free today online or call 01326 318900.
Will Making A Claim Affect My Ongoing Or Future Medical Care?
No. Your medical treatment will not be affected by pursuing a compensation claim. If you have any concerns about this, however, we’re always happy to assist. We’ll advise you on your rights and in some cases advise you how to transfer your care to another hospital if you don’t feel comfortable being treated in the hospital where you suffered negligence.
Can I Claim Against The NHS For Medical Negligence?
You may be entitled to claim against the NHS if you’ve been injured or suffered an illness because of negligent treatment by an NHS trust or healthcare professional.
How Long Will My Claim Take?
Some claims take longer than others to investigate and then pursue. The time frame will depend upon the complexity of the case and the availability of the chosen independent expert. The time frame can also of course be affected by the opponent’s attitude towards settlement.
Does The Medical Profession “Stick Together”?
No. We engage independent medical practitioners who provide honest assessments and opinions about the treatment provided to you. In consequence we are able to win many compensation claims for our clients.
Will I Need A Medical Examination If I Make A Negligence Claim?
It’s likely that you’ll need to see an independent doctor to assess the extent of any injury you’ve suffered as a result of medical negligence.
Who Can Make A Clinical Negligence Claim?
Our clinical negligence solicitors at Coodes could help you make a claim if you’ve suffered because of errors by NHS Trusts, General Practitioners (GPs), private hospitals, specific doctors, cosmetic surgeons, dentists, mental health professionals, nurses, podiatrists, and other medical staff.
You can also make a claim on behalf of a child, someone who doesn’t have mental capacity, and for a loved one who has sadly died because of medical negligence.
Can I Make A Medical Negligence Claim On Behalf Of A Child?
Parents or guardians can make medical negligence claims on behalf of their children. We’ve worked on many claims for children, so can talk you through how the claim will run.
You can be appointed as a ‘litigation friend’ to make a claim on behalf of a child who has experienced medical negligence under the age of 18. A litigation friend is normally one of the child’s parents and must be able to show that they can fairly act in the child’s best interests.
Usually, any compensation awarded to your child will be paid to a special account in Court which your child can apply to get access when they turn 18.
We can also help you set up personal injury trusts that can help you manage any compensation that’s awarded in order to protect your child’s future.
Can I Make A Claim For Someone Without Mental Capacity?
You can help someone make a claim who doesn’t have capacity and isn’t able to manage their own affairs. Usually a person is thought not to have capacity if they can’t make sensible decisions about their money, if they can’t weigh up the advantages and disadvantages of their choices or if they can’t clearly communicate to make their decisions clear.
You can be appointed as a ‘litigation friend’ to make a claim on behalf of someone who lacks capacity (called a ‘protected party’) who has experienced medical negligence. A litigation friend is normally a relative and must be able to show that they can fairly act in the protected party’s best interests.
Can I Make A Claim Where My Relative Has Passed Away?
If you’ve lost a loved one who sadly died because of medical negligence, you can make a claim on their behalf.
Our specialist solicitors at Coodes can help you with the following where someone close to you has passed away:-
- Access to our private client solicitors to assist you with obtaining the necessary probate documents.
- Representing you and your family at inquest
- Getting compensation for the deceased’s pain and suffering before their death
- Getting compensation to account for financial losses caused by the death and to cover things such as funeral costs.
- Getting you the answers and apology you deserve
Importantly, our clinical negligence solicitors could help you access the statutory bereavement award, a payment of £12,980 which is paid when a death resulting from medical negligence has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.