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:
Medical negligence whilst uncommon can have a big impact on your life and wellbeing.
Being admitted to hospital is often a worrying and stressful time, whether you’re visiting an A&E department or receiving treatment as an inpatient. Unfortunately, there are rare occasions where mistakes are made and the quality of care we receive does not meet the standards we expect. Where these instances of medical malpractice occur, you may find yourself wondering how this was allowed to happen and whether there is anything that can be done.
For many of our clients, they often feel that it ‘just happens’ and that there isn’t much that they can do about it. This is often worsened by the fact that the extent of their illness or injury can sometimes stop them from working or pursuing their interests, leading to financial problems and emotional distress.
The most common types of hospital negligence include misdiagnosis, anaesthetic complications, surgical errors and birth injuries. All of which can have devastating effects for the patient. Despite being rare, hospital neglect cases such as poor treatment and pressure sores also occur. These cases can be particularly distressing for patients and their family who will often want justice for their pain and suffering.
NHS hospitals are ranked highly in comparison to those in other developed nations around the world. But this does not mean that cases of hospital malpractice should be ignored. We understand that suing a hospital for negligence can be a difficult decision. That’s why our medical lawyers are committed to providing all the support and guidance you need to make a hospital negligence claim.
Due to the potentially life-changing nature of hospital negligence, we never underestimate the psychological effects you may be experiencing. Our team of expert hospital lawyers always does their best to provide the support their clients need. So, if your health has been affected by hospital malpractice, and you wish to seek compensation for hospital negligence and the cost of your ongoing treatment and care, contact us for a free phone consultation.
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.
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, and you have co-operated fully with us throughout, 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.