Medical Injury FAQs

Damages are always calculated on a case-by-case basis. With fatal cases in particular, it is important to consider whether anyone was dependent on the person who has died. If they were, then they may have a claim in their own right for loss of dependency.

Negligent medical treatment occurs when a medical professional provides care which falls below the acceptable legal standard. If you have suffered an injury (either physical or psychiatric) as a result of substandard care, you are entitled to make a medical negligence claim. 

Tragically, in some cases, medical negligence can result in the death of a patient. We are experienced in representing families in "fatal" medical negligence claims.

Potential cases can be investigated and claims brought against GPs, hospitals (for the actions of their doctors, surgeons, nurses, midwives, therapists etc), dentists and others that provide similar treatment or care. The terms "medical negligence" and "clinical negligence" are generally used interchangeably to mean the same thing.

Please call a member of the team on 01273 249200 for a free initial consultation about your medical negligence claim. We will advise you about the merits of your potential medical negligence case and, if appropriate, how we will assist by representing you. 

It is essential that you pursue any claim at the earliest opportunity as there are time limits which can prevent you from making a claim of clinical negligence if the relevant deadline has passed.

Both legal and medical language can be confusing at times. We understand this and make a special effort to ensure that you are always kept up to date with the status of your case without using unnecessary jargon.

If you have been seriously injured as a result of medical negligence then there will come a point where a value needs to be given to how much your claim is worth. The damages that you receive can be broken down into two areas, general damages and special damages.

General Damages:

This is the amount of compensation you receive for your injuries, it is often known as pain suffering and loss of amenity. This sum arrived at by looking at similar, previous cases including what type of injuries have been suffered and how severe they are. This is a lump sum payment usually made at the end of your claim.

Special Damages:

These are all items of quantifiable loss and expense incurred as a direct result of medical negligence. In many cases, these will form the largest part of the award and will often be very important to you in setting you up for the future.

Special damages deal with both past losses and future losses. These include lost income, past medical expenses, care, accommodation, provision for DIY and gardening services, and ongoing/future medical treatment or therapies amongst many other things.

We can offer you specialist advice to ensure you recover the maximum amount possible. Special damages are also usually paid as a lump sum at the end of your claim but in appropriate cases can be paid as ‘periodical payments’ whereby you will receive annual payments for life.

A medical negligence claim (particularly more complex cases) can last several years.

Often if you cannot work, you will require money to fund care/rehabilitation treatment or to make up for some of your loss of earnings.

In situations like this, it is possible to request that an interim payment be made. An interim payment is where part of the compensation that would be due at the end of the claim is paid early. The defendant can make this payment voluntarily or if they will not agree to it then an application can be made to the court to force them to pay.

We will advise you whether in your case it is appropriate to request an interim payment.

Following the settlement of your case, we will look to finalise all matters promptly. We aim to ensure that the compensation you're entitled to receive after a successful medical negligence claim can be released as quickly as possible.

The majority of clinical negligence cases will settle before a trial which means that you are very unlikely to have to attend Court.

In the unlikely event that your case does go to Court, our team will guide and advise you every step of the way so that you know what is going to happen and can prepare.

It is particularly important to ensure that you have a specialist and experienced firm of solicitors instructed when the matters being disputed are complex but even the most complex of cases usually settle by negotiation, and therefore avoid a court hearing.

Many people do not know that they have a choice of choosing their own solicitor even if one is appointed for them. Insurance companies will often tell you that your case must be run by one of their panel solicitors, however, this is not the case. 

You also have the right to choose your own solicitor and to change solicitor midway through a case if you are unhappy with the way your claim is being run. If you have concerns about the level of service or quality of legal advice that you are receiving from your current solicitors and wish to discuss an existing case with us, we would be happy to do so.

If, ultimately, you decide to change solicitors halfway through a case, we can take care of all the arrangements in transferring your file over. We will help to make the transition smooth and easy for you. Our aim is to see if we can add value to your claim and if we feel that it would be in your best interests to stay put then we will inform you of this.

Yes, we can normally enter into a “no win no fee” agreement with you and we will also check what insurance policies you may already have to cover your legal costs.

Medical negligence claims are very complex and it is therefore important to instruct solicitors who are experienced in pursuing them. We have a panel of experienced medical experts whom we can instruct in order to advise on whether errors occurred in your treatment.

In order to establish a claim of medical negligence, it is necessary to establish that the treatment was so poor that no reasonable body of like-minded practitioners would support it and that these mistakes caused an injury. We work only with the best medical experts who can advise on any mistakes.

No – all new enquiry calls are free of charge. It won't cost any money to speak to us about your claim.

We recognise that client care and your relationship with us are very important to you. Because of this, we will endeavour to have the same small team of solicitors working on your case from the beginning to its conclusion.

By avoiding passing your case from solicitor to solicitor, we enable strong relationships to be built and ensure that we have a real understanding of your unique case.

The length of time a medical negligence claim takes to settle can vary significantly. Simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high-value cases can take longer to settle.

It is important that settlement is not rushed into and that your requirements for life are fully considered no matter how long this may take to establish.

In all appropriate cases, we will apply for interim payments on account of your final damages (compensation) so that you have funds while your claim progresses.

If you would like to speak with our medical negligence experts regarding a claim, call us on 01273 249 200.

Rehabilitation and other early non-financial assistance are just as important as any ultimate financial payment. We will work with you, your opponent and your treating team to best understand what rehabilitation and support you require as well as how to help you obtain it.

Later, when we are looking to value your total claim, we will carefully consider all of your needs, arising from the clinical negligence, and ensure that you receive the maximum possible to provide you with the ongoing support that you need in terms of day-to-day living and, where relevant, returning to work.

Ultimately, we want you to be able to live as independently and easily as possible.

No, you don't need to be nervous about making a claim against your GP or Hospital Doctor if you're a victim of medical negligence.

All GPs, NHS hospitals and units are effectively "insured" by the government scheme operated by the National Health Service Litigation Authority. Private surgeons and hospitals are required by law to have their own insurance. 

You will need to think about whether you wish to change your individual GP surgery or hospital doctor. We have never acted for a patient who has received less favourable treatment from their doctor after making a claim; in fact, often the opposite is true.