Medical Negligence Solicitors

If you have been left with injuries or a worsening existing condition because of poor medical care, then you may have a medical negligence claim. Our medical negligence solicitors are on hand to provide the help you need.

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What is Medical Negligence?

Medical negligence is when you are injured or left with a worsening health condition after receiving poor or substandard medical care. Medical negligence – also known as clinical negligence – is a rare occurrence. But when it happens to you, the effects can be devastating.

Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.

Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:

  • Failure to diagnose a condition
  • Failure to warn you of the risks of a procedure or treatment
  • Failure to prevent an infection being acquired while under their care

If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert medical negligence solicitors.

Types of medical negligence

Just as there are so many issues you might experience when it comes to your health, there are also many forms of medical negligence you may suffer.

Some of the most commons forms include:

Cancer care negligence: A missed, delayed or misdiagnosis of cancer can be life-threatening. If this has happened to you, you could be entitled to make a medical negligence claim.

Care home negligence: If you or a loved one has been harmed or injured while under the protection of a care home, you could have a medical negligence claim.

Childbirth and gynaecology negligence: If you or your baby has come to harm during childbirth, you may have suffered from clinical negligence.

Cosmetic surgery negligence: You are entitled to proper medical care when undergoing cosmetic surgery. So if you have suffered from any form of negligence, you could have a claim.

Dental negligence: Suffering from preventable pain or injury caused by your dentist could mean you’ve suffered dental negligence.

Hospital negligence: Hospitals – and those working in them – can make mistakes. If you’ve suffered an injury or illness caused by hospital negligence, you could be entitled to make a claim.

Mental health negligence: If you or a loved one has suffered from mental or physical harm as a result of substandard mental health care, you could be the victim of negligence.

Misdiagnosis: If you were given the wrong diagnosis or a clinician failed to diagnose your condition, you could have a misdiagnosis claim.

NHS and GP negligence: Whether your injury was caused by the negligence of a GP or NHS specialist, you could be able to make a claim.

Surgery negligence: If you’ve been the victim of a preventable error or negligence before, during or after an operation, you could have a claim for compensation.

Who will I claim against?

You should receive the proper care from the professionals treating you – no matter what organisation they work for.

That’s why it’s possible to make a clinical negligence claim against both the NHS and private healthcare providers.

The NHS broadly does a wonderful job treating patients. But mistakes do happen. In 2019/20, the NHS received 11,682 new medical negligence claims. You may have been the victim of a never event.

These are defined by the NHS as “serious incidents that are entirely preventable because guidance or safety recommendations providing strong systemic protective barriers are available at a national level, and should have been implemented by all healthcare providers”.

When you claim against the NHS, you won’t be claiming directly against your hospital or GP. NHS Resolution is the body that handles claims against the service. This is who you will claim against. If you have suffered from NHS negligence, First4Lawyers could help you make a claim for compensation to help get you back on your feet.

Meanwhile, errors also take place in private healthcare organisations. If you have been the victim of a private hospital or clinician’s error, you could be entitled to compensation.

Private healthcare providers have their own insurers. The insurer will be the organisation you claim against, rather than the doctor or hospital directly.

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Whether you want to make an accident and injury claim, or need a solicitor for personal or business law matters - our friendly team are here to help, 24/7.

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How do I make a medical negligence claim?

It’s understandable that you might find the process of making a medical negligence claim daunting. If it’s something you’ve never done before, you may not know where to begin. But that’s what First4Lawyers and our legal experts are here for.

The first thing to do is to give us a call. Our understanding and compassionate claims advisors will take a few details from you to get a sense of what happened and whether you have a medical negligence claim. They will then talk you through the process and what happens from then.

If you do have a claim, our team will match you to one of our expert medical negligence solicitors. They will then take over the management of your claim.

How will I fund my medical negligence claim?

For many people, funding a medical negligence claim is one of the biggest concerns they may have. You may be worried that you will not be able to afford to pay for your solicitor’s services upfront, which could put you off the idea of getting justice for the harm you have suffered.

But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.

A No Win No Fee medical negligence claim will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 30% of the final compensation amount plus VAT for all road traffic accident claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

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  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

Simply fill in our form below and we’ll call you back at a time to suit you.

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There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

Why should I make a medical negligence claim?

Your health is precious. When someone harms that, you are entitled to take action.

It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition.

This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.

You may be worried that making a clinical negligence claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution exists to handle negligence claims.

Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.

How much compensation will I receive?

Every medical claim is different. Your circumstances will be unique to you. That means that is difficult to say with certainty what you might entitled to in compensation. For a general idea, try our compensation calculator. It will help you establish what you might be entitled for a specific injury caused by your experience of medical negligence.

The amount that you’ll be awarded will be split into two categories: general damages and special damages.

General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.

Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.

Compensation for the medical negligence you experienced can help you get back in the position you were in before it ever happened. Your health and your future are the most important things. That’s why First4Lawyers wants to help you get what you’re entitled to by law.

How long do I have to make a medical negligence claim?

One of the most important things to remember is that you face a deadline when making a medical negligence claim in the UK. In most cases, you will have three years from the date you experienced the negligence to make your claim. This is why you should think about doing so as soon as possible.

But there are exceptions to this rule, which apply to those under the age of 18, those without the mental capacity to claim for themselves and in cases where the effects of the negligence were only discovered later.

To find out more about how long you have to make a claim, just get in touch.

How long will a medical negligence claim take?

Every instance of clinical negligence is unique. That means it can be difficult to say exactly how long it will take to settle your medical negligence claim. Some cases will be concluded in months, while it may take years for more complicated claims to be settled.

If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claim timeline.

Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates and they will be there to support you through the process.

Will I have to go to court?

We understand that you might be worried about ending up in court. But this is a very unlikely scenario as most medical malpractice claims don’t end up in court.

NHS Resolution’s 2019/20 annual report reveals that just under 27.9% of claims end up being settled with proceedings, but only 0.6% of cases actually make it to trial.

The vast majority – 71.5% – were settled without any proceedings.

If your claim does end up in court, your lawyers will make sure you are fully prepared, giving you the confidence to tell your story and make known what happened to you.

How can I help my medical negligence solicitor?

To help your solicitor put together the best possible case, you will need evidence. You can contribute some of this yourself, while your solicitor will obtain the rest.

One of the most important pieces of evidence in a negligence claim is your medical history. Your records will reveal the treatment you had as a patient, as well as how your health was affected by the negligence. Your solicitor will get your medical records for you and review them in order to identify where the errors were made.

They will also typically arrange for you to attend a medical examination. This will be with an expert doctor, who will be able to assess any injuries or illness you have suffered.

You can also provide photographs or video evidence of your injury, as well as a statement on how it has impacted your life.

Witness statements are also a key piece of evidence. Witnesses can include medical professionals, other patients or those close to you, who have seen how you have been affected.

Aside from evidence, the best thing you can do to help your solicitor is to work with them. Make sure you are responding to any enquiries promptly and providing them with all the information you have. Your co-operation will allow them to present the best case possible.

How can First4Lawyers help?

First4Lawyers has experience in all forms of medical negligence claims. We realise that you and your family are going through a highly distressing time, so our compassionate and understanding claims advisors will do all they can to make it less stressful for you.

We are dedicated to helping people like you, who have been let down by the people they should have been able to trust. We have helped thousands of people get the justice and the compensation they were legally entitled to – including Justin, who received £15,000 for a misdiagnosed broken wrist.

First4Lawyers works with top medical negligence solicitors, who are just as dedicated as we are to helping you right the wrongs that you’ve experienced.

To find out more about how we could help you, just get in touch. Our advisors are here to talk you through your case and make sure you know what your options are. All you have to do is give us a call, request a call back or start your claim online.

You shouldn’t have to go through this on your own.

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