Our Medical Negligence Services
Medical Negligence Solicitors
What is Medical Negligence?
Medical negligence, or clinical negligence as it is also known, occurs when a healthcare professional has provided care below the standard you were reasonably entitled to expect, resulting in physical injury, mental illness or undue distress. Medical negligence can occur in a variety of healthcare settings, including hospitals, clinics, and private practices. Examples of medical negligence may include misdiagnosis, delayed diagnosis, medication errors, surgical errors, failure to obtain informed consent, and failure to provide appropriate treatment or follow-up care. Medical negligence can result in serious harm or injury to a patient, including physical, emotional, and financial damages. Patients who have been victims of medical negligence may be able to seek compensation for their damages through legal action by consulting with a medical negligence solicitor.
There are a number of healthcare professionals that can be subject to a medical negligence claim, including:
- Privately funded health practitioners
What Are The Most Common Kinds of Clinical Negligence Claims?There are several common types of medical negligence that can result in harm or injury to patients. Some of the most common clinical negligence claims we encounter include:
Misdiagnosis: This occurs when a healthcare provider fails to accurately diagnose a patient's medical condition, resulting in delayed or incorrect treatment.
For example, we are specialist medial negligence solicitors who work with people who have had cancer misdiagnosis.
Prescription medical negligence: This can include prescribing the wrong medication, the wrong dosage, or failing to properly monitor a patient's reaction to medication.
Surgical errors: This can include wrong-site surgery, leaving surgical instruments inside a patient's body, or performing the wrong procedure. Amputation medical negligence or mistakes that can lead to paralysis claims.
Birth injuries: This can include injuries to the mother or child during pregnancy or childbirth, such as failure to diagnose or treat a medical condition during pregnancy, improper use of forceps or vacuum extractors during delivery, or failure to respond to signs of foetal distress.
- Failure to obtain informed consent: This occurs when a healthcare provider fails to fully inform a patient about the risks and benefits of a medical procedure or treatment and obtain their consent to proceed.
- Delayed treatment: This occurs when a healthcare provider fails to provide timely treatment or fails to recognise and respond to an urgent medical condition, leading to harm or injury to the patient.
How to Make a Medical Negligence Claim?Due to our ‘no win no fee’ policy, you will have nothing to lose by giving us a call. We will assess your case and advise whether a medical negligence claim is likely to be successful.
Our personal injury specialists will communicate closely with you through the entirety of your case. To strengthen your case, we will also communicate with our clients and relevant parties to ensure there is enough supporting evidence for your claim.
Our dedicated medical negligence solicitors will not just fight to get you the maximum amount of compensation, they will keep your best interest at heart.
How Long do I Have to Make a Claim?In the UK, there are very strict windows in which you can submit medical negligence claims. All medical negligence claims are subject to a three-year time limit.
The time limit comes into play from the date the proposed clinical negligence occurred, or from the time you knew your injury or impairment was a result of clinical negligence.
Though this may sound like a long time, in some cases three years is a very short period to recognise wrongdoing. So, if you aren’t sure you have received the best level of medical care, be sure to make independent enquiries as soon as possible before speaking to our experienced team.
If the incident has occurred to a minor, then it is slightly different. If a child under the age of 18 has an accident, the limitation clock does not start until the child’s 18th birthday. This means that children have until their 21st birthday to bring a personal injury claim. Read more in our guide to personal injury claims for children.
How Long is the Medical Negligence Claims Process?Once we have established the grounds for your claim and confirmed we are happy to proceed, our medical negligence solicitors will leave no stone unturned in the quest for your compensation.
Ultimately this could result in a lengthy process, but naturally the length differs between one medical negligence claim and another. Your experience is unique, and therefore your journey towards compensation will be too. However, what doesn’t change is our diligent approach to every clinical negligence case, consisting of these steps:
- Initial enquiry
- Preliminary assessment
- Medical records
- Medical evidence
How Much Medical Negligence Compensation are You Entitled to?Calculating compensation is a very detailed process. No two cases are the same, even to the point where people making medical negligence claims for the same symptoms and conditions will almost definitely receive different levels of compensation.
This is due to the needs and lives of the people involved. Factors will include age, ability to earn and pay mortgages where applicable, family responsibilities, as well as a host of other variables that will ultimately determine your level of compensation.
Medical negligence claims can vary anywhere from £3,000 for shoulder injuries, to £300,000 for severe brain damage. No matter what your situation, our medical negligence solicitors will make sure you get the amount you deserve.
Amongst your compensation amount you may also be eligible to claim for the following:
- Additional medical treatment
- Costs of your care that may have incurred
- Potential loss of earnings
- Finance needed for adapting your home
How Much Does it Cost to Make Medical Negligence Claims?We operate on a no win no fee basis. Our medical negligence solicitors will work with you to assess whether your individual situation and experience is enough to warrant submitting a medical negligence claim.
It costs nothing to make an enquiry with us, so if you think there’s a possibility you have suffered clinical negligence, reach out to our experts. If your case is successful, then fees would come into play, but we make sure you have all this information before starting this journey with us.
With a wealth of knowledge and expertise, our expert medical negligence team can help direct you through the legal landscape.
What Evidence is Needed to Prove Medical Negligence?To prove medical negligence in a legal setting, several key elements must be established by the plaintiff and their legal team. These elements typically include:
Duty of care: The plaintiff must demonstrate that the healthcare provider had a duty of care to provide an appropriate standard of care to the patient.
Breach of duty: The plaintiff must provide evidence that the healthcare provider breached their duty of care by failing to provide the appropriate standard of care. This may involve expert testimony from a medical professional who can attest to the standard of care that should have been provided in the specific circumstances.
Causation: The plaintiff must demonstrate that the breach of duty by the healthcare provider directly caused harm or injury to the patient. This may require expert testimony and medical records to establish a clear link between the breach of duty and the harm suffered.
Damages: The plaintiff must provide evidence of the damages they suffered because of the healthcare provider's breach of duty. This may include medical expenses, lost wages, pain and suffering, and other financial and non-financial losses.
Compensation ExplainedThe Association of Personal Injury Lawyers (APIL) have recently published this compensation explained guide explain the rules surrounding compensation claims.
Alternatively, read more in our guide, Do I have a claim to medical negligence? To find out if your case meets the requirements to make a medical negligence compensation claim.
How We Can HelpMaking a claim is easy, if you have suffered undue physical or mental injury due to medical care you have received, or had an existing medical condition aggravated, contact our team at Howells law firm today.
Our medical negligence compensation claims solicitors in Cardiff, South Wales have a track record of success, and can help you get the compensation you deserve.
Following negations with the defendant, Mr X was offered £250,000 gross of the interim payments of £52,009 to settle the claim. Mr X accepted this offer and was very thankful for our assistance with his claim.
Absolutely amazing service, I had an accident back in 2016 and they fought tooth and nail to get me the treatment and pay out that I deserved, my case handler Amy kept me informed throughout the entire process. I would definitely recommend Howells to anyone.
From start to finish my daughter’s medical negligence claim was handled brilliantly. Communication was excellent and her case was handled sensitively and professionally, with a successful outcome at the end.
Excellent service as always, Highly recommended wouldn't use anybody else , always on hand to help and advice . Thank you!!!!!
Sue dealt with my personal injury claim with professionalism at all times. She kept both myself and my son fully informed throughout the process and always responded to queries quickly and efficiently. I would have no hesitation in using this firm again.
I recently used Howells' for a claim. After an initial telephone conversation, Amy (our assigned representative) went through the process of our potential claim. She outlined time frames and the strength of our case. We ended up receiving compensation above our expectations. I was thoroughly impressed the team from Howells and would have no hesitation in recommending them to others. They handled the whole process in a manner which inspired confidence, knowing that we were in good hands.
Howells have been fantastic when dealing with my claim and i would recommend them to anyone. I would like to thank Sue for her outstanding service and patience throughout my case. You were great and I cannot thank you enough for the end result. Also thank you to Glendora and Amy for all your help. 5* service all round
Life changing issues affected our daughter due to a misdiagnosis and then catalogue of errors. We are so grateful to Sue and the team and the lovely Glendora! Thank you so much for all your hard work, perseverance and pure doggedness. Hopefully this has saved another family from having to go through this! Amazing service from such nice people! Enjoy the hamper!
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