Clinical And Medical Negligence Claims
If you’ve been harmed due to medical negligence, we can help you claim compensation
£70 million in compensation
Clinical And Medical Negligence Claims
If you’ve been harmed due to medical negligence, we can help you claim compensation
How JF Law Can Help You
With a team of some of the most experienced medical negligence solicitors around, JF Law can help you get the compensation and justice you deserve.
We understand all too well the impact mistakes in healthcare can have. We represent clients who’ve experienced delays in cancer treatment, who have suffered injuries giving birth, and those who have experienced trouble with medication.
We offer our services on a No Win No Fee basis. This means you can make a medical negligence claim today without having to pay any fees unless your case is successful.
To check your eligibility to claim for free today, please get in touch.
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What Is Medical Negligence?
In the UK we are fortunate to have a healthcare system which offers some of the best care in the world.
Unfortunately, however, things do sometimes go wrong, and when they do the consequences for the patient and their family can be devastating.
In cases where things have gone wrong due to errors or the expected standard of care not being met, a medical negligence claim could be a justifiable course of action.
Could I Make A Medical Negligence Claim?
In some cases, you may suffer some form of harm when you undergo medical treatment. For example, your surgeon needs to cut you open to remove your appendix.
Medical negligence concerns itself only with cases where the standard of care expected of healthcare professionals has not been met.
For example, if your GP failed to refer you for cancer screening tests despite you attending regular appointments with symptoms, you could be compensated for the harm caused by the delay.
In order to make a medical negligence claim, you need to show that:
- The duty of care you were owed by healthcare professionals was breached
- And as a result, you suffered some form of harm
We offer a free eligibility check to all callers, so get in touch with us for free on the number at the top of this page to start now.
How Long Do I Have To Claim Compensation For Clinical Negligence?
As a general rule, a 3-year limitation period applies to cases of medical negligence. Whilst a case does not necessarily need to be settled within the three year period, it does need to be issued at Court in order to prevent it from becoming statute barred. This means you won’t be able to pursue compensation.
The three-year period will usually run from the date upon which the negligence occurred.
However, if you did not find out about the negligent act until a later time, the limitation period will be deemed to run from the date upon which you became aware, or ought to have become aware, that a negligent mistake had been made.
Are There Exceptions To The Time Limit?
If a person lacks the mental capacity to appreciate that there has been an act of negligence, then the limitation period will not start to run until they regain such mental capacity (and will never start to run if they do not).
If the victim of the negligent act was under 18 at the time, then they will not be deemed to have gained mental capacity for limitation purposes until they reach the age of 18. As such the three-year limitation period will start to run on their 18th birthday, meaning the case must be issued at Court before they turn 21.
In both of these cases, a litigation friend can pursue compensation on the injured party’s behalf.
What Forms Of Medical Negligence Can You Claim Compensation For?
We specialise in all types of medical negligence claims. However, some of the more common examples we see include:
- Delays in diagnosis of an injury or illness
- The misdiagnosis of illnesses
- Failure to treat an injury or illness appropriately
- GP errors (including failure to make appropriate referrals for further investigations)
- Surgical errors
- Nursing errors
- Obstetric errors (errors made during pregnancy and birth)
- Prescription and medication errors
If you feel that you or a close relative may have suffered harm as a result of an act of medical negligence then contact our specialist team today for free advice.
How Is Medical Negligence Compensation Calculated?
Our clients often ask us about average payouts for medical negligence. It’s a hard question to answer as each case is unique.
However, it can help to understand how compensation is calculated.
First, a settlement can be made up of two types of compensation: one for the pain and mental suffering, and the other for any financial consequences of the negligence.
Looking at the first, this is calculated by judging the severity of the injuries and the impact on your life. For example, if you took the wrong medication for 4 weeks, you may have experienced extreme nausea and other side effects. If those side effects went away after you stopped taking the medication, the severity would not be judged as severe in comparison to someone who had a limb amputated due to medical negligence.
As for the financial consequences, it’s possible for your solicitor to calculate how much money you may have lost due to the negligence experienced, as well as any potential future costs.
For example, in birth injury claims, a child may be left with serious brain damage. This could require around-the-clock care for the rest of their lives which could cost millions of pounds.
So to accurately value a medical negligence claim, it’s important to look at the whole case and both the physical and mental impact, and the financial
Who Pays Compensation In Medical Negligence Claims?
Some of our clients worry that in making a medical negligence claim they may be putting a strain on the finances of public health services. This is understandable, but the reality is that compensation in medical negligence claims is paid by insurance companies.
How Are Medical Negligence Claims Funded?
At JF Law, all of our medical negligence cases are funded by way of Conditional Fee Agreements, which are more commonly known as No Win No Fee agreements.
Under the terms of a Conditional Fee Agreement, you would not have to pay any legal costs if your case was unsuccessful.
If your case is successful then your solicitor will deduct a small fee from the compensation awarded to cover their legal costs and fees. You will be made aware of the level of this deduction before you begin your claim.
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Frequently Asked Questions
Just the fact that you know you have been the victim of medical negligence alone does not mean that you can receive compensation. You will have to bring a legal claim against the organisation or practitioner responsible. You will need evidence to prove your case, you will have to be able to prove that you were harmed by receiving care that was not of the standard that you were entitled to.
The average person will probably not have the time, the legal knowledge or the resources to put such a case together on their own, even if they know that they are in the right. That is why working with a lawyer is so important. A Lawyer is a professional who has the qualifications and experience to put a case together and represent you. They can make all the difference between winning and losing your case. Legal Expert can put you in touch with a medical negligence lawyer after one of our free consultations.
Contact Us
With our expertise and knowledge of the legal system, we can guide your case to a successful conclusion, debunking any legal jargon along the way.
Our solicitors work on a No Win No Fee basis too. This means that you don’t have to pay any fees upfront or while the case progresses, and if the case doesn’t succeed, you won’t have any fees to pay to your solicitor either.
We have a terrific track record of achieving results that satisfy our clients. Check out our reviews to see what other people think of our services.
