What is clinical negligence?
Clinical or medical negligence varies according to each individual case but it can look like:
- Harmful advice from general practitioners
- Inadequate or unsuitable treatment resulting in injury
- Medical misdiagnosis, including cancer misdiagnosis
- Mistakes made during surgery
- Pregnancy and birth injuries
Our clinical negligence team supports clients who’ve been let down by medical professionals, at any stage in their healthcare journey. Our guide to medical negligence explains everything else you should know, including the detailed steps involved in making a claim.
[Medical Negligence Claims with Been Let Down]
Our team of medical negligence solicitors
At Been Let Down, we’re proud of our team of medical negligence solicitors. With decades of shared experience, our Clinical Negligence department offers an unmatched combination of specialist knowledge and friendly, honest service. Our compassionate and transparent approach is underpinned by our commitment to excellence.
As a trusted independent and local legal firm, we serve clients across the UK from our offices in North West England.
Our medical negligence services
We have over 15 years’ experience in delivering justice. Our medical negligence solicitors work with clients across the UK, supporting those who’ve been failed by private and public healthcare providers.
We understand that negligence can occur unexpectedly and at any point in your healthcare journey. Here are some of the claims frequently handled by our team of medical negligence solicitors:
- A&E Negligence Claims
- Birth Injury Claims
- Brain Injury Claims
- Claims against the NHS
- Medical Misdiagnosis Claims
- Surgical Negligence Claims
- Cerebral Palsy Compensation Claims
- Bowel Cancer Misdiagnosis Claims
- GP Negligence Claims
- Medication and Prescription Negligence Claims
- Orthopaedic Negligence Claims
- Cancer Misdiagnosis Claims
Client testimonials
Our medical negligence solicitors have helped thousands across the UK to secure the justice they deserve.
No matter your circumstances, you can rely on our team to secure a result that not only gives you peace of mind but leaves you feeling empowered to move forward with your life.
Funding options with our medical negligence lawyers
If you’d like to get started on your case with our medical negligence solicitors, you can pay in a way that suits you. Choose between:
Private funding
Under this model, you use your funds to pursue the claim – this includes paying all your lawyer’s fees, any administration costs and the cost of the trial. This is not a common method of funding medical negligence claims.
Conditional Fee Agreements (CFA)
Conditional Fee Agreements are also known as No Win No Fee agreements and are a popular way to fund a claim. A CFA means you won’t have to pay your solicitor’s legal costs if you lose your case unless your claim is deemed fraudulent or you fail to comply with our reasonable requirements to pursue the case.
If your solicitor is successful in pursuing your claim, they will charge the Defendant your legal costs. They will charge you a ‘success fee’, which is deducted from your compensation upon the successful conclusion of your claim. All success fees must be agreed at the outset between the claimant and the solicitor. The maximum success fee is capped at 25% of compensation (subject to specific criteria).
Your legal advisor will give you a ‘Client Care’ letter which will detail the structure and procedures involved in the claims process.
BTE and ATE insurance policies
You may have legal expenses insurance to cover the costs of the claim process and obtaining legal advice. This is commonly included in car or home insurance, so millions of people in this country already have it without realising it.
In medical negligence claims, many ‘before the event’ (BTE) insurance policies do not cover these types of claims. Legal expenses insurance can be purchased both ‘before the event’, in case of potential future legal action, or ‘after the event’ (ATE). We will assist you in ascertaining whether you have this type of policy and whether it will cover you for the claim.
ATE insurance is usually only taken out if there was no ‘before the event’ cover or the policy had expired. These kinds of policies are typically used in conjunction with a Conditional Fee Agreement to cover external expenses, such as medical experts’ fees.
ATE policy premiums are usually deferred until the end of the claim and are only paid if the claimant is successful. You should note that part of the ATE policy is recoverable from the defendant in clinical negligence cases if the claim is successful. The policy will cover the cost of medical reports and the risk of defendant fees, if the case is unsuccessful. If the case is unsuccessful, the policy is self-insured and no premium becomes payable.
Legal aid
The legal aid rules changed in 2013 and now most victims of medical negligence will not be entitled to government funding.
There are notable exceptions to the legal aid rules, including neurological injuries suffered by children, although even these cases must satisfy specific criterions.
Call us on 0800 234 3234 or enquire online if you’d like to find out more about funding a claim with our medical negligence solicitors.
Why should I use a medical negligence solicitor?
If you or a member of your family have experienced any of the devastating consequences of medical negligence, we understand that you’re going through a difficult time.
Along with the pain of your existing condition and any additional symptoms you have suffered as a result of the negligence, you might be struggling to earn money or cope with your daily routine. Throughout this, our specialist medical negligence solicitors can bring peace of mind and a sense of direction. We offer:
- No Win No Fee funding for many cases
- Free initial consultation and suggestions for your next steps
- Access to confidential, tailored advice on claims, finances and more
- 24/7 telephone service
- Professional support from industry-leading lawyers based in Liverpool
Why choose Been Let Down’s medical negligence solicitors?
By choosing Been Let Down, you’ll benefit from direct access to some of the most experienced clinical negligence solicitors in North West England. We put our clients first, support you throughout the claim process and aim to obtain the maximum amount of compensation for you.
Here’s why you can trust our medical negligence solicitors to deliver the best possible service:
- We’re accredited by the Solicitors Regulation Authority and adhere to the highest industry standards in our work.
- We have over 15 years of experience as a successful and trusted independent law firm.
- With a team of solicitors in Liverpool, we understand the challenges of navigating medical negligence claims against the NHS and its hospital trusts.
- Our medical negligence solicitors are members of reputable organisations including the Law Society and the Liverpool Law Society.
- With hundreds of positive client reviews to our name, our medical negligence solicitors deliver top-quality services.
- We have a success rate that reflects our commitment to excellence, with honest communication at the core of every claim.
Consulting our medical negligence solicitors: Frequently asked questions
When you get in touch for your free consultation, we’ll ask you what happened.
We’ll need to find out the details of your condition and healthcare experience to identify whether medical negligence occurred. If we decide that you may have experienced negligent treatment, we’ll proceed to support you with your claim. At this stage, we’ll match you with one of our expert medical negligence solicitors.
Contact us to take your first step in pursuing a claim with our team of clinical negligence solicitors. We’ll ask for some initial details before formally reviewing your circumstances to decide whether you have a potential claim.
Once you agree to proceed, and we have funding in place for your claim, we will begin our investigations by obtaining copies of your medical records and any other evidence that you may have. Following receipt of your medical records, we may need to consult independent experts. After receiving external and professional confirmation that negligence took place, we write a formal Letter of Claim to the healthcare provider responsible for the negligence.
If the defendant admits their role, we can quickly negotiate fair compensation for you. Our medical negligence solicitors conclude most cases without formal litigation but have the necessary knowledge and expertise to win your case in Court.
If you’d like to pursue a claim with our expert team of medical negligence solicitors, time limits apply as follows:
- Adults must bring forward a claim within three years of the date the negligence occurred, or the date they first became aware of it.
- Children have three years from their 18th birthday to bring a claim forward.
- Protected parties, or people who lack the mental capacity to litigate independently, may be exempt from these limits until they regain capacity.
- Family members of deceased victims have three years from the date of death to bring forward a claim.
With the support of our clinical negligence solicitors, you can bring your claim against any healthcare provider who failed to provide a reasonable standard of treatment.
Whether you were let down by a private hospital consultant or an NHS doctor, you might have a case for medical negligence. Our solicitors also work with people who’ve been failed by mental health professionals and independent specialists.
The only requirement is that the provider being held responsible should have owed you a duty of care in their practice of medicine.
As we investigate your case, our medical negligence solicitors will ask you for any evidence you have of the negligence and will look to obtain evidence from independent experts. We must obtain evidence to proceed with pursuing a compensation claim for your injury, pain or suffering caused by healthcare professionals.
Through medical records, photographs and other evidence, we’ll need to show that:
- You were treated by a healthcare professional who owed you a duty of care to not cause you unnecessary pain or injuries.
- That healthcare professional breached their duty of care and failed you.
- You suffered due to their failure – for example with additional injuries, unnecessary pain or delayed recovery.
- Their failure was the main reason for your suffering.
- You incurred other losses, including financial struggles and/or psychiatric consequences (like post-traumatic stress disorder), due to the harm caused.
Contact our medical negligence solicitors
We’re here to help, as soon as you’re ready. Please don’t hesitate to get in touch with our team today. If you think you’ve been failed by healthcare professionals, our clinical negligence solicitors have the expertise to put things right.
- Accident & Emergency (A&E) Negligence Claims
- Brain Injury Solicitors
- Cancer Misdiagnosis Compensation Claims
- Bowel Cancer Misdiagnosis Claims
- Cerebral Palsy Compensation Claims
- GP Negligence Solicitors
- Gynaecology Medical Negligence Solicitors
- Medical Misdiagnosis Claims
- Medication and Prescription Claims
- NHS Medical Negligence Compensation Claims
- Ophthalmic Negligence Compensation Claims
- Orthopaedic Negligence Claims
- Surgical Negligence Claims