Medical negligence, also known as clinical negligence, occurs when healthcare professionals fail to provide the standard of care expected, leading to patient injury or harm. This encompasses a range of failures, including incorrect diagnosis, improper treatment or surgical procedures, medication errors, and the lack of informed consent.
How do I know if I have a medical negligence claim?
Identifying a clinical negligence claim involves establishing two key elements:
- The care provided was below the standard reasonably expected of a healthcare professional.
- This substandard care directly resulted in your injury or harm.
This can often be complex, requiring expert medical opinions and legal analysis. Our experienced solicitors at Stone Rowe Brewer can help you assess the merits of your case, guiding you through the necessary steps to determine if you have a viable claim.
What is the time limit for making a medical negligence claim?
In the UK, the standard time limit for making a medical negligence claim is three years from the date the negligent act occurred or from the date you became aware of it.
However, there are exceptions to this rule. For children, the time limit extends until their 21st birthday. For those who lack the mental capacity to manage their own affairs, there may be no time limit. Given these nuances, it’s crucial to seek legal advice promptly to ensure your rights are protected.
What can I claim in a medical negligence case?
Compensation in a medical negligence case can cover a wide range of losses and damages. This includes compensation for the physical pain and psychological impact of the injuries, loss of earnings (both current and future), costs of medical treatment and rehabilitation, and expenses related to care, even if provided voluntarily by family members.
Additionally, if your injuries necessitate it, you can claim for adjustments to your home or vehicle. Our team at Stone Rowe Brewer meticulously evaluates each case to ensure all aspects of your claim are comprehensively covered, aiming to secure the fullest possible compensation for your losses.
How long does a medical negligence case take?
The duration of a medical negligence claim can vary significantly, influenced by factors such as the case’s complexity, the injuries’ severity, and the extent of negotiation required to reach a settlement. While some cases may resolve within a few months, others, particularly those involving severe injuries or disputed liability, may take several years.
Will I have to go to court for my medical negligence claim?
Most medical negligence claims are settled before reaching court, through negotiations directly with the NHS or private healthcare providers. However, if a settlement cannot be reached or liability is contested, your case may need to go to trial.
I cannot afford a solicitor, how is my claim funded?
We work on no-win no-fee agreements (‘Conditional Fee Agreements’). You do not pay us directly, but if you claim is successful then we are able to recover the costs from the Defendant. You only have to contribute up to 25% of your damages (excluding any future losses) towards our success fee. If your claim is not successful then, provided you have been honest with us, you owe us nothing.
How can I start a medical negligence claim?
Initiating a medical negligence claim begins with seeking specialist legal advice. At Stone Rowe Brewer, our dedicated team of medical negligence solicitors is here to listen to you, advise you on the merits of your case, and outline the steps involved in pursuing a claim.
We pride ourselves on our empathetic, client-focused approach, ensuring you feel supported from your initial consultation through to the resolution of your case. To get started call us on 020 8891 6141 or contact us here.