Medical negligence (also known as clinical negligence or medical malpractice) occurs whenever a medical professional fails in their duty of care to you. It can encompass a range of circumstances, including inadequate or unsuitable treatment; an incorrect or delayed diagnosis; equipment not working effectively or an operation being performed improperly.
These are just some examples of medical negligence, which remains a significant problem across the country. According to NHS Resolution, the organisation responsible for resolving such cases for NHS England, there were 10,678 new clinical negligence claims made in 2018-19. That figure has plateaued over the past couple of years but it is still a significant number of people being affected by medical negligence, and there may even be many instances where malpractice goes undetected.
The pressure on health professionals to deliver quality service is an ever-increasing requirement, with a high standard of care expected. Unfortunately, the care that is delivered does not always meet these levels and bringing cases of medical negligence to light is pivotal in raising the standards across all professional medical services and facilities.
NHS Resolution reports that payments made to settle clinical and non-clinical claims in 2018-19 totalled £2.4billion, although it is estimated that the cost of incidents occurring within that period that will turn into claims will rise to £9bn.
We understand that suffering an act of medical negligence can have a long-term impact on the physical, mental and financial well-being of an individual and/or their family, and may require ongoing care. We can help secure clinical negligence compensation to help you try and overcome this burden.
Here at Been Let Down, we are expert clinical negligence solicitors who help individuals and families to gain recognition and recompense for any medical negligence they may have suffered. We appreciate that making a medical negligence claim may seem like a daunting prospect, which is why we’ve put together a list of frequently asked questions to help answer any queries you may have.
With the high volume of patients undergoing medical treatment, diagnosis and procedures, thousands of clinical negligence cases do occur each year. Here are just a few of the incidents that can result in a claim against medical staff:
Of course, there are many other mistakes that constitute clinical negligence, so if your case is not listed above, you may still have grounds to make a medical negligence claim.
You can make a claim for yourself or on behalf of someone else. In the majority of clinical negligence cases, you will need to prove two conditions:
In a court of law, this would be judged on a balance of probability.
Clinical negligence claims are assessed by a judge based on the testimonials of medical professionals, therefore you need to be confident that they’ll testify in your favour.
A claims solicitor will assess your claim diligently and by putting forward the best possible case, the maximum amount of compensation will be sought.
Here at Been Let Down, we have a team of highly experienced expert medical claims solicitors who have a successful track record of representing clients in these types of cases. From our offices in the north west of England, we cater to a variety of clients around the country, from individuals to large groups. We have a reputation for diligence and a highly professional approach that has seen us represent clients successfully in courts nationwide.
In addition to the expertise we offer, we strive to provide medical negligence legal services with great success fee arrangements. We consider all cases on a ‘no win, no fee’ basis, meaning that you gain access to elite representation at no financial risk to yourself whilst maximising the compensation you receive. We will provide helpful and transparent legal support from the moment you contact us, beginning with a free initial clinical negligence consultation.
Medical negligence claims need to be dealt with by an expert solicitor as cases can be highly complex – some more so than others. For example, surgical error or injury sustained during a birth must be handled in a prescribed way to ensure a successful claim.
Using a solicitor who has already dealt with many similar cases successfully, you can be assured of peace of mind throughout the entire process.
If you think you have been the victim of medical negligence and want to talk about the possibility of making a claim, you can make an enquiry online or get in touch with our expert team of clinical negligence solicitors.
The process starts with a no-obligation meeting where we will discuss the details of your medical negligence case. Following this, we will help you collate any evidence and assess the chances of building a successful claim. We will be honest from the outset, allowing you to understand exactly where you stand legally.
We are aware that anyone who has suffered from medical negligence will already have gone through more than enough distress, and we will seek to minimise any legal confusion or worry you could face. Our job is to take the weight off your shoulders, allowing you to concentrate on your day-to-day needs and those of your family.
Our team of medical claims solicitors are experienced across a range of clinical negligence cases. Whatever form of malpractice you have suffered, finding a trusted solicitor is a vital part of securing the full recognition and compensation you are entitled to.
Medical negligence is different from personal injury – the cases require a specific set of skills and, as such, any solicitor you engage must be specifically trained in the area of clinical negligence.
When seeking a lawyer, you should ask a lot of questions and try to get an understanding of what experience this person has in this area of the law.
Try to find out if they’ve dealt with a case like yours before, bearing in mind that there are many different facets to medical negligence, especially if children or brain damage are part of the equation.
Make sure the lawyer makes you feel comfortable and is able to explain your contract fully. This person will be your advocate throughout the process, and you need to be confident that they are working in your best interest to resolve the case easily without putting you through any more distress.
A medical negligence claim is rarely easy, but if you go into it with a solid understanding of the process and with a trustworthy, experienced lawyer, you will be able to come out the other side with the compensation you are due and will be better placed to move on with your life.
Every medical negligence case is different, so we cannot provide a simple answer to this question. The amount of clinical negligence compensation you may receive will depend on a number of factors, including the severity of your injury, how seriously it has affected your life and the impact it has had on your finances.
We take medical negligence cases on a ‘no win no fee’ basis, meaning that if your claim proves unsuccessful, you’ll have nothing to pay. If we do secure you clinical negligence compensation , we will be paid a success fee as a proportion of that figure.
Typically, the deadline for making a claim for clinical negligence is three years from the date of the incident. However, you may have longer to make a claim on someone’s behalf if the claimant suffered a serious brain injury as a result of the negligence and therefore lacks the mental capacity to take action.
Additionally, parents or guardians can make a medical negligence claim on behalf of a child up until their 18th birthday. Once that person turns 18, they will have until they reach 21 to make a claim.
Data from NHS Resolution shows that 106 out of 15,655 settled claims in 2018-19 went to a full trial – that’s less than 1% – while more than 70% were resolved without formal proceedings, so the chances are that your clinical negligence case will not require you to appear in court.
But don’t worry, even if your case does go to court, our expert clinical negligence solicitors will be with you every step of the way, guiding you calmly through the process, so you can be confident that you’re in safe hands.
Do you think you have a potential claim for clinical negligence? If so, get in touch with our medical claims solicitors as soon as possible. You can always make an enquiry online, phone us or request a call back for a more convenient time.
One of our friendly and knowledgeable legal team will be able to discuss the specifics of your case, and then arrange an initial consultation meeting to assess a possible claim for medical negligence. We will provide support and guidance throughout the claim process, ensuring it has the best possible chance of ultimately proving successful.
Get in touch today and find out how we can help with your case for clinical negligence compensation.
Call us on 0800 234 3234 or 0151 321 1000.