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Medical Negligence Claims

Medical Negligence Claims

When you put your life in the hands of doctors and other medical professionals, you have to trust in their expertise. While in the majority of cases medical care is provided with no incident, sometimes medical professionals make mistakes that could have been prevented or fail to provide treatment to acceptable standards. The consequences of medical errors can be devastating to you and your family. A medical negligence solicitor can help you to get the answers and compensation that you need and are entitled to.  

Medical negligence can have multiple consequences and affect people in different ways. Our compassionate team is dedicated to supporting you, every step of the way. The medical negligence claims handled by our team of experts include:

We have a strong track record in securing compensation for medical negligence claims and supporting our clients in accessing interim payments before their case is settled. 

If you believe that you or your family has suffered a significant injury as a result of medical negligence, please contact our team of experts here for an initial free consultation to evaluate whether you have a medical negligence claim. 

Questions About Starting A Medical Negligence Claim

We understand the lifelong impact on those who have suffered as a result of avoidable medical negligence. We recognise that when faced with this unexpected, and significantly traumatic situation, you want answers and that you need compensation to address the financial consequences. 

We know that it’s not always easy to realise that you have experienced medical negligence. It may take some time to identify that the significant injuries caused could have been avoided.

Families who have suffered as a result of medical mistakes need time to process the shock and the trauma. That’s why you have time to make medical negligence claims. Adults have up to three years after the incident, or date of knowledge, to make medical negligence claims. Following birth injury incidents, the family has three years from their child’s 18th birthday to make a claim. If a birth injury has led to a loss of mental capacity, there is no time limit.

We work hard to get you the compensation that you need to rebuild your life after medical negligence. Our team of experts meticulously consider every aspect of your needs as a result of the preventable loss or significant injury to ensure that you receive the compensation that you need. We know that compensation can’t replace a loved one or erase devastating life consequences. The purpose of medical negligence claims is to give you the support that you need with the physical, emotional and financial effect following medical mistakes. 

Our Clients

To better understand how compensation can help you to reclaim your life after medical negligence, you can listen to the stories of some of our clients. 

Radwan, an active young footballer, has been left brain damaged as doctors failed to detect a serious cardiac condition during medical screening processes for Tottenham Hotspur. We worked hard to secure the compensation that this young man needed to live as independent a life as possible following his avoidable permanent injury.  

Liam was deprived of oxygen at birth, resulting in irreversible brain damage leading to cerebral palsy. The compensation secured for him following his family’s medical negligence claim has ensured that Liam has access to the best treatment, support, and necessary home adaptations to meet his everyday needs. 

For updates and to read our comments, read our news and blogs or follow us on Facebook or Twitter.

What People Say About Us

What to expect through your birth injury claims process

Initial Appointment With Our Team

After you get in touch with us, we will listen to you and discuss your situation, including the healthcare advice you were given, and any evidence of negligent treatment.

We will need to apply for your medical records from various places, including the place you had treatment, other hospitals, and your GP practice.

We will then provide an honest assessment of whether we think you have a claim worth further investigation. We will explain the claims process and the fees involved.

Building Your Case

We will start collecting evidence to support your claim. This typically includes applying for any further medical records, other documents from the hospital, obtaining witness statements and independent medical experts’ reports.

Sending a Letter of Claim

Once the facts of the case are clear, we will contact the NHS Trust or healthcare provider to inform them a claim is being investigated. The Letter of Claim (LOC) will set out the details of the alleged medical negligence and the injuries caused.

The Defendant’s Response

The Defendant is required to respond to our Letter of Claim (LOC) within four months. At this stage, they will either accept full, or partial, liability and may offer a financial settlement, or deny responsibility.

Issuing Court Proceedings

If the Defendant denies responsibility, or does not offer a sufficient settlement amount, we can then issue court proceedings on your behalf to take the claim further. The Defendant will be given 28 days to respond, and the court will then set a hearing date, usually around 18 months from when proceedings are initiated.

 

It is important to note that while issuing court proceedings is an essential step, it is rare that you will need to attend a hearing as most claims that reach this stage can be resolved with a pre-trial settlement.

Court Timetable

The Court will then set a timetable for the exchange of evidence in the case. We will exchange any witness statement taken from you, and receive the witness statements (if any), of the clinicians involved in your care.

There will then be an exchange of medical expert evidence. Each party can obtain independent medical expert reports in each relevant discipline. For example, in a birth injury claim, both parties would have commissioned reports from independent obstetricians. We disclose the report we have obtained on your behalf and the Defendant has to disclose the report they have obtained.

The independent experts then have a meeting, separate to each party’s legal representatives, to narrow the issues for the Judge in the event the case goes to a trial. After this meeting, the medical experts have to produce a jointly written statement to provide to the Judge.

Settlement Negotiations

It is usual procedure to attend some form of pre-trial settlement resolution with the Defendant, either in the form of a settlement meeting, or a mediation. We have a very strong track record of negotiating pre-trial settlements and will explore every potential avenue to do so if your claim reaches this stage.

If your claim settles at this stage and involves a vulnerable party, such as a child or an adult with a brain injury, an approval hearing will be held by a High Court Judge to approve the settlement reached.

Trial By Judge

If your claim cannot be resolved outside a court hearing, we can offer experienced, and highly skilled, advocacy to secure the best possible outcome for your family.

Quantification Of Your Claim

 

Most claims are resolved in full through the above process. However, very complex claims, including birth injury claims, require an additional step to assess the quantification (value) of the claim.

For birth injury claims, additional independent medical experts will be required to assess issues such as life expectancy and care needs, and the process above will be repeated for the stage of quantification.

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Diane Rostron at Addies Solicitors

Diane Rostron at Addies Solicitors

Complex birth injuries specialist with 25+ years' expertise. Recognised by Legal 500.

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To start a compensation claim today, or for more information simply complete the form below.