What we offer?
If you believe you have suffered because of medical negligence, call us immediately.
The claim help team have worked on 1000’s of medical negligence cases and there are precedents set which may allow for a faster resolution and a faster personal healing process so you can move on.
We can do this fast as our team may already have a precedence in similar negligence cases or negligence claims. Someone else may have already been through what you are going through. This gives us both a guideline, a time frame and opens up mutual support.
What is Medical Negligence?
Medical negligence is when a medical professional such as a doctor, nurse or dentist fail to provide a reasonable standard of care in giving you medical treatment or advice. It may arise from failure or delay in diagnosing a medical condition such as cancer; or as a result of failure to advise you of alternative treatment options or to explain the risks to allow you to make an informed decision about your treatment; or prescribing the wrong type or amount of medication; or lack of skill and care during surgery or birth.
The negligence may have resulted in the death of a loved one. There are many types of medical negligence cases. A list of the most common types of medical negligence claims that we deal with appears at the end of this information page.
Why Medical Negligence Claim Help Team?
MNCHT have a team of Medical Negligence lawyers with many years’ experience in this very specialised area of law. They are led by an APIL* accredited clinical negligence specialist who has over 35 years’ experience of dealing with many different types of medical negligence cases. It is extremely important to instruct a specialist medical negligence lawyer who can not only give you the best chance of a successful claim but who will also understand and support you through the process. We represent victims of medical negligence in all parts of England and Wales.
* APIL – Association of Personal Injury Lawyers
What Is Involved
Your lawyer will have an initial discussion with you about the circumstances of your own particular case and to find out why you are unhappy or dissatisfied with your treatment. If it appears that your concerns need to be investigated then your lawyer will arrange to obtain your medical records. The medical records are usually obtained from your GP, dentist, NHS hospital or private consultant, depending on the circumstances of your own particular case. Once your records are available (which usually takes 30 days) your lawyer will be in a better position to give you some more specific advice about the strength of your case.
The next step involves proving the issue of negligence and your lawyer will therefore instruct a carefully chosen and vetted medical expert in the appropriate medical field to provide a report giving a professional medical opinion on the standard of care you received, identifying any breaches of duty or negligence. This is known as a liability report.
To succeed with a claim it is not enough to establish negligence, it is also necessary to show that the negligence caused you some additional, injury, loss or damage over and above that which you might have suffered anyway. A second medical report is therefore obtained by your lawyer, sometimes from the same medical expert who provided the liability report but sometimes from another type of expert in a different field of medicine. This is known as a causation report.
Finally, if the liability and causation reports are favourable to your claim then your lawyer will arrange for you to be examined by another expert doctor to obtain a report to assist with the financial valuation or quantification of your claim. That doctor will consider all of the information and documents provided by your lawyer and he will also examine you and speak to you. The expert will give an opinion dealing with the consequences of the negligence, what harm it has caused you and the affect that it has had on your day to day life, your ability to work and will give a prognosis for the future advising whether any further treatment might be required. This report is known as a quantum report. If you have several problems it may be necessary to obtain several quantum reports from different kinds of doctors, to ensure that you are fully compensated for all of the damage caused.
Once the medical records and medical reports have been obtained a carefully drafted Letter of Claim is sent to the NHS Trust, G.P, dentist or whoever your claim is against. They must usually provide a detailed response within 4 months, admitting or denying the claim against them.
Most cases are settled and whilst it is often necessary for Court proceedings to be issued, very few cases ever actually go to Court.
Is It Just About Compensation?
Financial compensation is usually the only legal remedy available in cases where you have suffered injury or harm as a result of the negligence of a medical professional but a claim is not always only about money.
Many people wish to bring a claim to get answers to their questions, an explanation of what went wrong. Many want to try to prevent the same thing happening to others or to be given an apology. In some cases the victim of negligence needs rehabilitation and help to improve their situation as well as financial compensation.
Is There A Time Limit To Make A Claim?
Time limits do apply in medical negligence cases. It is not always necessary for court proceedings to be issued and it is very rare indeed for a medical negligence case to go to Court. However, it is usually necessary for victims of medical negligence to issue court proceedings within three years from the date on which the negligent event occurred or within three years from the date on which you were aware that you had suffered an injury that may have been caused as a result of negligence.
If the negligence involved treatment of a child then the three year time limit does not start until their 18th birthday. If someone lacks mental capacity then different time limits may apply.
If Court proceedings are not issued within the time limit then you will lose the chance to claim.
Funding – Who pays the legal fees.
In most cases our team can offer a “No Win No Fee” agreement and take out insurance to protect you from the risks of having to pay costs and legal fees. The agreements are specific to each individual case and based on our risk assessment of your case. We will explain the agreement to you in detail during our first discussion.
Types of Medical Negligence Cases
- Accident & Emergency claims
- Anaesthetic Accidents
- Birth Injury
- Bowel Cancer
- Brain Injury
- Breast Cancer
- Breast Implants
- Cancer Claims
- Care Home Negligence and Neglect
- Cerebral Palsy Claims
- Cosmetic Surgery Claims
- Death and Fatal Injury
- Defective product claims
- Dental negligence claims
- Fatal claims
- GP negligence
- Gynaecology claims
- Hospital claims
- Knee replacement and knee surgery
- Meningitis claims
- Mental health negligence
- Hip replacement and hip surgery
- Mental Health
- Midwife negligence
- Misdiagnosis claims
- Nerve Injuries
- NHS Negligence
- Nursing Negligence
- Optician Negligence
- Orthopaedic injury
- Pregnancy related claims
- Private Hospital Claims
- Pseudomyxoma Peritonei Cases
- Psychiatric and Psychological Injury
- Still Birth Claims
- Spinal cord injury
- Spinal surgery
- Surgery claims.
- Vaginal mesh implant claims
- Vascular injury
The above are an example of only some of the types of cases that we have experience of dealing with. If you have a different problem please ask.
The information given is intended as basic guidance and is not a substitute for taking legal advice from an expert clinical or medical negligence lawyer.
Tell us about your case.
For a free initial consultation about your clinical negligence claim, call us on 0800 7101010 or contact us online and we’ll get back to you as soon as possible.
- No Win No Fee*
- Largest medical negligence team in the UK
- Help with rehabilitation
- Offices across the country