What is medical negligence?

Medical negligence is where medical and healthcare professionals fail to meet their duty of care to a patient, and this failure has resulted in injury or harm.

How much can I claim for medical negligence?

The exact amount you receive for your claim varies from case to case. It’s common for people to think certain injuries automatically attract a specific amount, but when you make a claim your personal suffering, pain, recovery time, and any financial impact are all taken into account. You can expect to be compensated for your injuries and to recoup your financial losses. Our compensation calculator will give you an indication of the likely amount you could be awarded.

What does a successful medical negligence claim show?

A successful medical negligence claim has to prove two things: firstly, proving fault requires evidence that the medical professional or institution failed in their duty of care; and secondly, that this failure in their duty of care caused your current situation and would have been avoidable. Proving avoidable harm can sometimes be difficult, particularly if you have an ongoing medical condition. Consulting independent medical experts means someone can provide an independent, unbiased analysis of your situation to help determine whether the harm could have been avoided had a duty of care been upheld.

How long do I have to make a claim?

In most cases, you’ll have three years from the date of injury, or the date when the injury became known. Sometimes, these are the same date, but in others, the extent of an injury or impact of an incorrect diagnosis or treatment may not be apparent for months or even years. We’ll be able to determine whether you’re still able to make a claim.

Is there any evidence I should keep hold of?

We recommend you keep all records of your injury or condition, including doctors’ letters, official documentation, and record of any related expenses. We also urge you to keep your own records, detailing any medical treatment you undergo, any care hours you require, and the effect your injuries have on your everyday life.

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Medical negligence solicitors Leamington and Warwick

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We have been helping people across Warwickshire who have suffered because of medical negligence for over 25 years. We understand it's not just about compensation, for many of our clients, understanding what went wrong and how to put their life back together is key to them being able to move on.

Our medical negligence lawyers work tirelessly to ensure our clients get not only the compensation they rightly deserve, but also to ensure the cost of their rehabilitation and any other professional help needed is covered.

"very compassionate" and also note her “clear-headed attitude to cases."

Further information

Local expertise >

Our experts >

Steps to your compensation >

FAQs >

Claims calculator >

Local expertise

Located in the very heart of Leamington Spa, our offices are easily accessible for anyone living in Leamington, Warwick, Stratford-upon-Avon. Our location and expertise make us primed and ready to offer residents of Warwickshire the very best medical negligence advice and support. We can visit you in your home or in hospital if you are still having treatment.

We’ve got a proven track record of securing compensation for individuals and families across Warwickshire, taking on private healthcare providers, GPs and dentists. We’ve dealt with cases against hospitals, including Warwick Hospital, Nuffield Health and private practices offering cosmetic procedures.

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Our experts

Our team are specialists in medical negligence claims. They have an unrivalled track record in securing the compensation our clients deserve, and frequently represent clients in high-profile medical negligence cases.

Finding the right medical negligence solicitor after poor care or negligent treatment can seem daunting. You can be assured we are considered experts in the medical negligence field with a proven track record of securing NHS compensation and medical negligence compensation for our clients.

We work closely with investigators and medical experts to ensure you receive the compensation you are entitled to for your claim.

Our team are led by an accredited and well regarded clinical negligence specialist, Jeanette Whyman. Jeanette has been working in the field of medical law for over 27 years. She is accredited by the law Society for Clinical Negligence and the Association of Personal Injury Lawyers.

The importance of experience cannot be underestimated in medical negligence cases; it’s a complex area of law. It is very important that you choose a genuine medical negligence specialist to take on your case.

There has been a recent trend of non-qualified personal injury firms trying to advise on complex medical negligence claims following the change in the funding of personal injury claims.

Our team have a strong track record of advising on claims for people that have been treated negligently at University Hospital Coventry, the former Walsgrave Hospital, Warwick Hospital, George Eliot Hospital in Nuneaton, as well as at GPs and dental surgeries across Warwickshire.

"Rachael was extremely helpful and very thorough all through the process and gave me every confidence of a satisfactory outcome."

Derek Bayliss

The steps to your compensation:

Find out if you have a case

It costs nothing to contact us to see if you have a case. A call to our specialist team will guarantee you speak directly to a legal professional for a free, no-obligation assessment.

No win, no fee

We work the majority of our cases on a no-win, no fee basis. This means there is no financial risk to you – if you lose, you won’t be responsible for our fees. We’ll discuss the full range of funding options with you right at the beginning so that you won’t have any nasty surprises.

Case accepted

We’ll be able to tell whether we believe you are entitled to claim for compensation from our initial assessment. At this stage, if we think you have a claim, we’ll offer to take on the case on your behalf. Using experienced medical negligence specialists means you’re best placed to ensure the correct handling of your case, and you receive the compensation you deserve.

Medical records

To assess the merits of your claim in full detail, we will need to access your medical records. This also allows us to see what additional evidence we will need to gather to prove your case. Our team can request your medical records for you.

Expert witnesses and evidence

We’ll be able to tell from your medical evidence if an expert witness or independent evidence from other medical professionals to support and strengthen your case. They’ll be able to provide details of the impact of the injury on your life and how the actions of your medical practitioner affected you and your health.

Negotiation

Where appropriate, we strive for a satisfactory resolution through negotiation. We’ll follow the claims process and send a letter to the medical professional or organisation to negotiate the best outcome for your case. If a settlement cannot be reached, your claim may go to trial. If this is the case, a judge will hear all evidence from both parties and will give a verdict and, if your claim is upheld, a compensation award.

FAQs

What is medical negligence?

Medical negligence is where medical and healthcare professionals fail to meet their duty of care to a patient, and this failure has resulted in injury or harm.
How much can I claim for medical negligence?

The exact amount you receive for your claim varies from case to case. It’s common for people to think certain injuries automatically attract a specific amount, but when you make a claim your personal suffering, pain, recovery time, and any financial impact are all taken into account. You can expect to be compensated for your injuries and to recoup your financial losses. Our compensation calculator will give you an indication of the likely amount you could be awarded.
What does a successful medical negligence claim show?

A successful medical negligence claim has to prove two things: firstly, proving fault requires evidence that the medical professional or institution failed in their duty of care; and secondly, that this failure in their duty of care caused your current situation and would have been avoidable.

Proving avoidable harm can sometimes be difficult, particularly if you have an ongoing medical condition. Consulting independent medical experts means someone can provide an independent, unbiased analysis of your situation to help determine whether the harm could have been avoided had a duty of care been upheld.
How long do I have to make a claim?

In most cases, you’ll have three years from the date of injury, or the date when the injury became known. Sometimes, these are the same date, but in others, the extent of an injury or impact of an incorrect diagnosis or treatment may not be apparent for months or even years. We’ll be able to determine whether you’re still able to make a claim.
Is there any evidence I should keep hold of?

We recommend you keep all records of your injury or condition, including doctors’ letters, official documentation, and record of any related expenses. We also urge you to keep your own records, detailing any medical treatment you undergo, any care hours you require, and the effect your injuries have on your everyday life.

Claims calculator

Understandably, the value of a claim is very important to the victims of medical negligence. Each claim is very different and will be assessed based on your personal circumstances; to give you an indication on the likely value of claims we have a compensation calculator of guidelines payouts. Once we have done our initial assessment we will be able to give you a more accurate compensation figure.