Medical negligence

Do you have a medical negligence claim?

For your medical negligence compensation claim to have merit, we will assess your case using three criteria:

• The healthcare provider must be guilty of a 'breach of duty'. This means that the care you received fell short of what is deemed acceptable and caused harm;
• You were injured or received a worse than expected outcome; and
• The injury you received resulted from a 'breach of duty'. Your chances of success will depend on the extent of the breach of duty and the harm caused. Based on this and independent medical opinions, we can advise you whether or not your claim is sufficiently strong to proceed.

Average payouts for medical negligence

How the value of your claim is calculated

The first question our clients usually ask is how much their medical negligence claim is worth. The value of medical negligence payouts is based on many factors and your personal circumstances. 

We have designed a medical negligence compensation calculator to give you an idea of the value of your medical negligence claim. Please contact our solicitors for your individual assessment and a more accurate figure.

The value of your claim will depend on several factors, including pain, suffering, loss of earnings and likely future losses and costs (such as care requirements, rehabilitation, and adjustments to your home). 

Your compensation will be comprised of 'general' damages relating to pain, suffering and loss of enjoyment of life and 'special' damages relating to past and future financial loss, such as loss of wages and the cost of care. 

We can advise you on how your compensation will likely be assessed and estimate your medical negligence compensation value.

Funding

No win, no fee medical negligence 

The majority of the cases we work on are on a no-win, no fee basis.

No win no fee is a term for a CFA (Conditional Fee Agreement), which is an agreement between you and your solicitor where there is no financial risk to you.

If we win your case and an award is granted, you will be required to pay our fees. In some cases, you can recover these costs from the other side. Our fees can also be paid from your compensation.

If your claim is unsuccessful, you will not be liable to pay our fees.

Legal Aid for medical negligence

Legal aid is a type of public funding available via the Legal Aid Agency for children who suffer from brain injuries resulting in severe disability, which arise during pregnancy, childbirth or the eight-week post-natal period.

Legal aid is not available for any other type of medical negligence. 

Other funding options

There have been several recent changes to the way in which medical negligence claims can be funded. We will discuss all the options listed below in detail with you and find the most appropriate solution for your situation:

• Conditional Fee Arrangement: We can take on your case on a no-win, no fee basis.
• Legal expenses insurance: you may be covered under your home, car or other insurance policy that will pay for all or some of your costs.
• Legal Aid: public funding is now only available for claims involving birth-related brain injuries in babies.
• Private funding: you can fund the cost of the claim yourself.

How to make a medical negligence claim

Making a claim for medical negligence can be a complex process, but you can help us to help you by following the steps below:

1. Record as many details about the medical treatment that you can remember and the effect your injuries have had on your everyday life.

2. Keep all relevant documents.

3. Record all related expenses.

4. Keep a 'care' diary to record the time you spend looking after a family member who is the victim of clinical negligence or that family members spend looking after you.

Our medical negligence team

Our medical negligence team deal with medical negligence claims resulting from orthopaedic surgery, surgical errors, brain injury, birth injuries but specialises in cancer misdiagnosis and failure to treat cancer.

Our team are top-ranked in both Chambers UK and Legal 500. Jeanette Whyman heads up the specialist team; she is very well regarded as a leading expert in her field; she is recognised by the Law Society Clinical Negligence Panel and the Association of Personal Injury Lawyers.

Our medical negligence team deals with medical negligence claims resulting from orthopaedic surgery for joint replacement, surgical errors, brain injury, cancer misdiagnosis, GP negligence, and birth injuries. 

Our solicitors deal with medical negligence claims against the NHS, private hospitals, GP practices and other healthcare practices.

Time limits for medical negligence claims

There is a time limit for making a medical negligence claim. You must bring a claim within three years of the date of the injury or death of a loved one or from when you first became aware that your injury was due to medical error, known as the "date of knowledge".

For mentally capable adults

In cases where an adult has the mental capacity, the time limit for most medical negligence claims is three years from the date the injury or when the negligence occurred, or three years from the date you became aware of the injury. This is called the "date of knowledge"

Usually, you will be aware of your injury either immediately or soon after the suffering occurs; this could be after surgery or the death of a loved one. However, in some cases, perhaps where an illness or disease is left undiagnosed, you may not become aware of the negligence until several months or even years later. The three-year time limit starts from the moment you became aware – the date of knowledge.

Children

In medical negligence cases involving children, the rules and time limits are different; this is to allow a child to bring a claim for medical negligence in their own right once they become an adult. Therefore the time limit for a child is three years from them turning 18, effectively when they reach their 21st birthday.

An adult or child lacking mental capacity

If an adult has issues with mental capacity, so they cannot manage their affairs, this may be due to a mental illness or brain damage, then there is no time limit for bringing a claim for medical negligence. The same rule applies to children, where the circumstances mean that they cannot manage their affairs when they reach adulthood due to a lack of mental capacity.

Claims on behalf of the deceased

The same three-year time limit applies when claiming medical negligence on behalf of the deceased. The limit is three years from the date of death for the family to claim on behalf of the estate. 

Sometimes there is an exception if someone dies, leaving young children. The children would have until their 21st birthday to make a claim.

If these time limits expire?

Sometimes, there are exceptions to time limits, so it is always worth speaking to a specialist medical negligence solicitor to discuss your case and see if you can still make a claim. There are times when the court can allow you to claim outside of these time limits - but please note this is only in exceptional circumstances.

If you think you have a claim but are concerned about time limits, please give our team a call to discuss the individual merits of your case. 

Some of our medical negligence cases

Missed diagnosis of early-stage lung cancer

Summary: Our client's wife visited the hospital for a chest x-ray, which revealed the presence of a lesion on her lung. The hospital did not take any action, nor did they follow up. Following a deterioration in her health, our client's wife made another appointment with the hospital, which revealed that she had lung cancer. She died three months later. The hospital admitted liability for the original missed diagnosis, and we settled the case in our client's favour.

Action against South Warwickshire Hospitals NHS Foundation Trust

Summary: Daniel Kunigiskis died aged just four days after errors were made at Warwick Hospital during his birth. The mismanagement of his birth led to him suffering hypoxic-ischaemic encephalopathy (lack of oxygen), resulting in a severe brain injury.

An inquest into Daniel's death attended by our Head of Medical Negligence, Jeanette Whyman, heard how three different midwives failed to read Daniel's mother, Sarah's antenatal notes, which would have revealed her as a medium risk patient. One of the midwives had a history of making mistakes, and there was a failure by staff to monitor the foetal heartbeat properly.

The hospital admitted liability, and the family received a five-figure settlement. Many national newspapers reported Daniel's case.

Action against University Hospitals Coventry and Warwickshire NHS Trust

Summary: Stephanie Bell, 19, died after doctors sent her home instead of giving her vital nutrients, which would have saved her life. Her family received an out-of-court settlement from the hospital. This case was reported by the Daily Mail.

"The family of a teenage girl who starved to death after doctors failed to give her a life-saving drip have received a five-figure payout, after health chiefs were found guilty of 'gross failings'."

Action against East Sussex Healthcare NHS Trust

Summary: Our client underwent a hip replacement operation; his hip was painful and regularly dislocated following the surgery. After being reviewed by a new consultant, our client was diagnosed with malposition of the acetabular component of the hip replacement, which resulted in the subluxation ofter the joint. He, therefore, underwent a further hip replacement operation to replace the prosthesis, which relieved the pain, and he has not suffered any further dislocation. The hospital did not admit liability, but offers were made, subsequently settling the matter.

Action against Stratford Dermotherapy Clinic

Summary: Our client suffered significant scarring to her chest as a child after an accident with boiling water, which she had learnt to accept. As an adult, she was persuaded by a doctor at Stratford Dermotherapy Clinic that laser type plastic surgery to the neck and chest would reduce the appearance of the scarring and help rejuvenate the skin. The result was quite the opposite: the treatment caused further scarring to the chest area due to the negligent approach of the practitioner. The clinic admitted liability, and the case was settled in our client's favour.

Action against Queens Medical Centre, Nottingham

Summary: Our client is a self-employed boiler fitter who, after suffering considerable pain in his elbow (due to the manual nature of his work), agreed to undergo an operation on the advice of a professor at Queens Medical Centre, a respected orthopaedic surgeon. Before the procedure, the professor failed to give our client the range of options open to him (of which operating was just one). The professor also failed to outline the risks associated with surgery, i.e., it might not work - he also informed our client that the recovery period was three weeks. Our client's elbow did not make a full recovery as expected, and the recovery period was 12 months which necessitated a considerable time off work. The case was settled in our client's favour, and damages for pain and loss of wages were made.

Matter: Mistreatment of periodontal disease

Summary: The dentist treating our client did not recognise the symptoms of periodontal disease and thus failed to treat it properly. She was referred for surgery, which, had the disease been diagnosed and treated earlier, could have been avoided. The claim was settled in our client's favour.

Action against Harley Medical Group

Summary: Our client Pearl Richman underwent a face, neck and eye lift. Due to a negligently thin skin dissection and excessive diathermy, she suffered painful necrotic changes on her lower cheek and jawline, resulting in the need for further laser treatment. She has been left with scarring along her jawline. Pearl's case was reported in many national newspapers.

We advise on medical compensation for people all across the UK and have a particular strength in advising people in London, Manchester, Leeds, Bristol, Birmingham, Coventry, Liverpool, Solihull, Nuneaton.