Serious medical errors can leave a devastating mark on an individual’s, and their family’s lives. Significant injuries, or the death of a loved one as a consequence of avoidable mistakes, are traumatic, and life changing.
Medical negligence claims arise where substandard medical care causes avoidable injury or harm. While no amount of compensation can undo the impact of negligent treatment, it can help provide access to specialist care, rehabilitation, therapies and financial support, while ensuring those responsible are held to account.
How long do I have to make a claim for medical negligence?
It will take time to come to terms with what has happened, and to try to make sense of what life may look like following a serious injury, or the loss of a loved one.
There are legal time limits in place within which a medical negligence claim must be started.
This is three years from the date of the incident, or the date of knowledge that it could have been caused by medical mistakes.
Exceptions to the limitation period
The limitation period does not apply when the injury has caused the loss of mental capacity.
A birth injury for example, leading to permanent and significant brain damage, has no time limit.
While there is no time limit in these circumstances, the sooner a medical negligence claim is started, the sooner it will be for the right amount of compensation to be available to support the affected individual’s care needs.
What are the clues that an avoidable injury occurred?
There are a number of red flags that may indicate that a serious injury could have been prevented with better medical care.
If transparent, and plainly explained reasons are not provided by the medical professionals involved, or the explanation raises more questions than it answers, this is a red flag.
Simply being advised that a serious injury was one of those things is not good enough.
Poor communication between medical professionals is often cited as one of the key failings impacting patient safety.
When to seek legal advice for medical negligence cases
Medical negligence claims are usually pursued on a no win no fee basis. Specialist medical negligence lawyers offer a wealth of experience in this complex area of law and can recognise very quickly if medical negligence may have been the cause of a serious injury.
If there are any suspicions that a life changing injury could have been prevented with better medical care, it is always worth making a call to an expert who will guide you through the next steps, time limits allowing.
Making a medical negligence claim before the time limit ends
Contacting clinical negligence solicitors as soon as suspicions around medical care arise helps to ensure the best outcome before the limitation period has ended.
Lack of mental capacity and the limitation period
When a significant medical negligence incident occurs, such as serious harm to a baby before, during, or just after their birth, mental capacity can be permanently lost.
When irreversible brain damage occurs resulting in lifelong disabilities such as cerebral palsy, the individual will remain a protected party for the rest of their life.
In these cases, the limitation period around making a medical negligence claim does not apply. There will be no time limit on making a medical negligence claim in these circumstances.
The claim will consider the cost of both past and future care needs to ensure that the affected individual’s ongoing, and complex lifelong care needs are met.
How does a medical negligence claim work?
Medical negligence claims are pursued on a no win no fee basis. A specialist birth injuries solicitor will ask you for an account of what happened, at which hospital, and when.
They will then be able to advise whether they will apply for your medical records to start investigating exactly what happened.
The right team of medical negligence claims solicitors will have an established relationship with the right medical experts to help identify where errors were made.
Proving that medical care fell below acceptable standards, and that this failing, or series of failings, caused the permanent injury, is crucial.
The medical negligence claims journey
Fighting for answers and justice following medical negligence when the medical professionals involved are not providing a satisfactory explanation, may feel daunting.
The average medical negligence claim involving complex birth injuries causing permanent brain damage, may take several years to settle.
They are medically complicated cases. Proving that a serious injury was caused by medical negligence requires several independent medical experts which takes time.
While the medical negligence claims journey may be a long one, securing the right results for families is critical.
Hear the stories of other families affected by medical negligence
The process of proving an injury could have been avoided with better medical care requires careful consideration, and the help of several independent medical experts. It takes time.
It requires very careful consideration of their full lifelong needs before a fair compensation amount can be negotiated.
While these complicated claims may take time to reach a satisfactory conclusion, families are provided with peace of mind when a medical negligence claim is robustly processed and settled.
Claim for medical negligence for peace of mind
Starting a claim costs nothing. If a medical negligence claims solicitor does not believe that there is a case against the medical provider, they will advise on this in the very early stages following an enquiry.
It is always advisable to seek legal advice when it is suspected that negligence occurred. A medical negligence solicitor will guide you through the process.
Instructing medical negligence experts
Finding the right medical negligence experts for your family is crucial.
Serious medical accidents leading to permanent injuries, including the loss of mental capacity, will require working closely with medical negligence solicitors for a period of a few years.
They will get to know the injured individual, their full care needs, and the impact on the wider family.
Why Diane Rostron?
Diane Rostron is a specialist complex birth injury law firm representing families affected by maternity negligence. The team collaborates with leading independent medical experts and barristers to forensically investigate the chain of events resulting in a permanent brain injury, or the loss of a baby to stillbirth or in the initial weeks after birth.
Offering in excess of 30 years’ experience, Diane Rostron has a strong history of securing £multi-million brain damage claims and substantial settlements when a baby has died following suspected medical errors.
The empathetic team of parents support families through the legal process and beyond the conclusion of a claim. The experts understand the complex lifelong care needs of a child when hospital failings have caused irreversible brain damage, including cerebral palsy cases.
The team understands the devastation and trauma suffered by parents who have lost their baby, or whose child has been catastrophically brain damaged due to preventable medical negligence – including historic incidents when other law firms have not successfully concluded a claim. Diane Rostron secures answers and justice when families have been let down by their hospital.
To start a claim, please get in touch with our medical negligence solicitors by calling 01253 766 559.
Read our medical negligence claim FAQ’s here: https://dianerostron.co.uk/faqs/