Medical Negligence
Frequently asked questions
"Who can claim?"
Anyone who is receiving or has received medical treatment can bring a claim. If you are unable to do so yourself a relative or friend can bring a claim for you. Minors under the age of 18 can bring a claim through either parent.
"I think I have a claim, what next?"
This area of the law is extremely complex and expert legal advice is required. The first step in any clinical negligence claim however is to lodge a complaint in writing. If your complaint relates to an NHS Trust this can be done under the NHS Complaints Procedure. The aim of this procedure is to deal with complaints swiftly at local level.
After the initial assessment we should be able to inform you of the strengths/weaknesses of your case and how to proceed. This may involve writing to the hospital, obtaining medical notes or turning to an independent expert for advice.
"What can I claim for?"
You can claim compensation for any injury or losses suffered as a direct result of the negligence such as:-
- Pain and suffering.
- Psychological injuries.
- A bereavement award maybe claimable if you have lost a loved one as a result of medical negligence.
- Loss of earnings.
- Medical expenses and the cost of ongoing treatment.
"Will my case end up in court?"
Very rarely do clinical negligence case go to Court. We endeavour to work with the other side to try and negotiate and settle the matter as early as possible and before any formal legal proceedings are commenced.
"How long will my case take?"
Due to the complexity of medical evidence it is rare for a case to conclude within 12 months and can take some years to conclude depending on the legal and medical issues at hand.
