Medical or clinical negligence typically occurs in the following situations:
- A delay in diagnosis, which results in your chances of recovery being affected adversely
- Badly performed surgery or procedure
- Inappropriate or incorrect treatment, surgery or procedure
- The failure of a medical device or an adverse reaction to an administered drug
- Delays during childbirth which lead to the child or the mother being injured
As such, our team often deal with the following types of claims:
- Dental claims
- Pregnancy claims
- Childbirth claims
- Surgical error claims
- Misdiagnosis claims
- Ophthalmic claims
- Cosmetic surgery claims
- Cancer care claims
What is the difference between clinical negligence and personal injury?
The differences between clinical negligence and personal injury can be understood in the following ways:
When a person has been injured in a road traffic accident, it can be fairly easy to ascertain who is at fault and what injuries they have sustained as part of the accident. However, with clinical negligence, claimants need to verify two things, which are:
- Avoidable Harm – that the errors made eventually caused or materially contributed to the injury itself, which means the solicitor appointed, will have to show that the treatment itself, not the illness caused more harm than good, and…
- Liability – demonstrate that there were serious errors in your medical treatment made by your doctor or medical professional, which a competent doctor or medical professional would not have made.
Once the fault is placed upon the doctor or medical professional beyond a reasonable doubt, then a compensation claim can be brought.
How to start a medical negligence claim
If you believe that your doctor or medical professional has failed to provide you with a level of care that you would expect, then contact us as soon as possible. There are strict 3 year time limits on when you can claim compensation, so it is vitally important to act as soon as you can to increase your chance of making a successful claim.
The time limit for children under 18 differs as the time limit starts on their 18th birthday if they have been injured whilst classed as a minor (under the age of 18).
This is slightly different also if the injured person is mentally incapable of handling their own affairs, the 3 years’ time limit applies as soon as the person becomes capable of handling their own affairs.
You may also be eligible for legal aid or after assessing your case, we may be able to offer a no-win, no-fee arrangement. Whatever your situation, we will advise you about the right funding option for you and explain all of the likely costs and timescales up front, so get in touch.
You can talk to us in complete confidence. Our friendly, experienced and sympathetic medical negligence solicitors are here to answer all the questions you may have about the claims process. We avoid legal and medical jargon and instead talk in plain English.
Case study: Settlement for negligent surgery
Nine days after surgery in hospital, our client had acute abdominal pain. Problems with the recovery continued and a CT scan identified a swab left in the abdomen following the operation.
Our client had to have further surgery under general anaesthetic to remove the retained swab. Due to the hospital’s negligence, our client required a second procedure, thus enduring additional pain and suffering. They were also left with further scarring.
As a result of our involvement the hospital speedily admitted that it had been negligent in failing to removing the swab after the first operation and our client received a five figure sum by way of compensation.
Get in touch
John Gorner heads up our Medical Negligence team from our Altrincham office and has a proven track record in pursuing successful negligence claims. We also have offices in Stockport and Macclesfield so we are available to arrange an initial consultation wherever works best for you.
If you believe you or someone you know has suffered pain, distress or discomfort due to the negligence of a healthcare provider, and you would like to explore how to make a complaint, fill out our contact form or give us a call today.
We provide a bespoke high quality professional service. It is therefore important that we see our clients in person both at the start of the case and from time to time thereafter. Due to logistical and time constraints for both clients and ourselves, as a general rule most of our clients are based in the North West including Cumbria and the Peak District, North Wales, South and West Yorkshire and Staffordshire.