Negligence by staff in a labour ward left a 31 year old woman with severe pressure ulcers on both buttocks. The sores took 6 months to heal, impacting on her ability to care for her daughter. She was awarded:
If you believe you have a hospital negligence claim, it’s always beneficial to start the process as soon as possible. Your medical records and investigations will be more readily available, and your ability to recall the events will be clearer in your mind - all of which will help when we put your case together.
By law, there is a three year time limit from the negligent treatment or from your ‘date of knowledge’, when you learned that a mistake on your medical professional’s part led to your current pain or suffering. Attempting to make a claim after the 3 years will often mean your case is considered ‘statute barred’ or ‘out of time’ under the Limitation Act of 1980, Section 11.
If you are unsure if you’re within this time period, you can contact us and we will advise you on your case based upon the information you provide us. After this free initial phone consultation, one of our hospital negligence solicitors will study your case, getting a feel for your circumstances, the problems you’re facing and the consequences of your injury. If they feel that the hospital service you accessed didn’t do something, or missed something that they shouldn’t have, they will go on to request copies of your medical records, with your permission. We will then tell you if we believe you have a compensation claim that will succeed or not.
Throughout your hospital negligence claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
With years of medical negligence experience, our legal team has worked on a variety of hospital negligence cases, so we understand what a difficult decision it can be to make a claim against a hospital.
That’s why we are committed to guiding you through every step of the claims process, making it as easy as possible for you by providing updates and reminders, if you need. We ensure your claim is handled with care and professionalism at every stage by our experienced medical solicitors, who will work alongside medical experts to guarantee the best results for you and your family.
Our medical negligence team is headed by medical lawyer Laura Morgan who has a wealth of experience in leading complicated, high value medical negligence cases.
Laura is a recognised medical lawyer and a leader in the field of medical negligence and clinical negligence law. Laura has acted in a wide range of medical malpractice cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise in clinical negligence law and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
If you would like us to advise you as to whether you can pursue a hospital negligence claim, please call our freephone number or submit your details via the online form and we will contact you to schedule a free initial phone consultation at a time that suits you. If you decide that you want to proceed with a claim, one of our medical malpractice lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement*, meaning that in the event that your claim is unsuccessful, you won’t have to pay any legal costs so there’s no financial risk to you.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Put simply – you pay nothing if you lose your case, and get maximum compensation if you win.
Whatever the nature of your hospital negligence claim, we always seek the maximum amount of compensation for you – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard hospital negligence cases.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win. However, in some cases, such as those involving Cerebral Palsy, you won’t pay a success fee; instead this will be paid by the opposition.
We will ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
We will work with you to draft a detailed, accurate statement in your own words, so the medical experts we work with know what happened.
You are responsible for minimising the losses you have incurred as a result of the alleged clinical negligence. This means you need to attend any and all available treatments that could help your recovery, and you may need to return to work as soon as it’s safe to do so.
To do this, we obtain independent medical evidence from an expert in an appropriate area of medicine in order to prove that the treatment received fell below the expected standard. Clinical negligence law states that you must prove that the treatment fell below the standard expected of a reasonably competent and skilful medical specialist, and that, as a result, you suffered a loss or injury.
We have to establish whether the poor treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see more than one medical expert to assess your current condition and what the future may hold for you.
The value of your hospital negligence claim comprises:
You need to keep all original financial documents safe, this includes accounts, payslips, receipts for expenses and medical treatments and anything else you think relevant. These will be needed when we prepare your case to go to Court.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality. In 2016/17, only 0.7%% of cases handled on behalf of hospitals end up in court.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence your specialist lawyer has prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant, who in this case will be the hospital, or if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation to you as quickly as possible.