How to make a medical negligence claim

When receiving medical care, whether through the NHS or privately, patients have the right to expect a reasonable standard of care from healthcare professionals. Unfortunately, errors can occur, resulting in significant physical, psychological or financial suffering.

At Stephensons, we understand that pursuing a medical negligence claim may seem daunting. We've created this comprehensive guide to help you understand how to make a medical negligence claim, detailing each step involved and providing clarity on what you can expect when pursuing compensation.

Understanding medical negligence

Medical negligence, often referred to as clinical negligence, occurs when a healthcare provider fails to deliver the expected reasonable standard of care and treatment, leading directly to injury or harm  to the patient. The standard of care expected is determined by what a competent medical professional would reasonably provide in similar circumstances. Proving medical negligence involves demonstrating the following key points:

• A duty of care was owed to you by the healthcare professional or organisation.
• The standard of care provided fell below what could reasonably be expected.
• This substandard care directly caused you harm or injury.
• You suffered losses, damage or injury as a direct consequence.

If your experience aligns with these criteria, you may have a valid medical negligence claim.

Types of medical negligence claims

Medical negligence can take many different forms, and claims vary according to individual circumstances. Some of the most common types of medical negligence cases we handle at Stephensons include:

• Surgical errors and complications
• Birth injuries causing harm to mother or child
• Misdiagnosis or delays in diagnosis
• Medication errors and prescribing mistakes
• Failures to obtain informed consent
• Infections caused by poor hygiene or insufficient care

If you have suffered harm due to any type of substandard medical care, you may be entitled to compensation to assist your recovery.

Time limits for making a medical negligence claim

In the UK, medical negligence claims have strict time limits, usually three years from the date of the incident or from when you first realised you had suffered harm as a result of negligent medical treatment, sometimes called the 'date of knowledge'. There can be exceptions, however, for certain claims such as:

• Claims involving minors (children under 18 years old): The three-year limit does not start until the child's 18th birthday.
• Individuals lacking mental capacity: The time limit may be extended or waived entirely until they regain capacity, if at all.

Due to these complexities, it's important that you seek legal advice from Stephensons at the earliest possible opportunity to ensure that your claim is investigated within applicable time restrictions.

Initial consultation and assessment

At Stephensons, we offer an initial consultation to discuss your case and advise on whether your medical negligence claim is likely to merit a successful outcome. During this consultation, our experienced solicitors will:

• Listen carefully to your experiences and assess your situation.
• Explain your options clearly and in plain, understandable language.
• Discuss the viability and potential value of your claim.
• Provide an overview of the next steps and how we proceed.

This consultation provides an opportunity to ask questions, offering clarity, reassurance and confidence as you consider moving forward with your claim.

Building evidence to support your claim

For a medical negligence claim to succeed, robust evidence is required. At Stephensons, our skilled legal team will assist you in gathering the evidence you need, including:

• Detailed medical records and documentation related to the treatment you received.
• Expert witness statements from independent medical professionals who can assess if care fell below acceptable standards.
• Witness accounts, including statements from family members or friends who witnessed your suffering first-hand.
• Calculations of financial losses, such as additional medical costs, lost earnings or future care expenses.

Our solicitors work thoroughly and efficiently to ensure your case is supported by comprehensive and persuasive evidence.

Establishing liability and negotiating compensation

Once evidence has been gathered and reviewed, our medical negligence solicitors will put forward your case to the responsible healthcare provider or their insurers. Stephensons will:

• Clearly explain how negligence occurred and provide robust evidence demonstrating liability.
• Submit detailed valuations of your losses and suffering.
• Negotiate firmly yet professionally on your behalf to reach the best possible financial settlement.

In many cases, an amicable settlement is achievable through negotiation, avoiding prolonged or stressful court proceedings. However, if liability is disputed or a fair settlement offer cannot be agreed upon, Stephensons will fully support and represent you throughout court proceedings.

Compensation you may be entitled to

The amount of compensation awarded in a successful medical negligence claim varies depending upon the specifics of your case, including the extent and severity of harm sustained. Compensation typically comprises two primary types:

• General damages: Compensation for physical and psychological pain, suffering and loss of amenity.
• Special damages: Financial compensation covering financial losses such as medical expenses, loss of earnings, rehabilitation costs and care expenses.

Our dedicated solicitors will ensure that all aspects of your claim are thoroughly assessed, pursuing maximum compensation to support your recovery and rebuild your quality of life.

No win, no fee medical negligence claims

At Stephensons, we understand that legal costs can be concerning. To provide our clients peace of mind, many of our medical negligence cases operate on a no win, no fee agreement (also called a Conditional Fee Agreement). This means that if your claim is unsuccessful, you will not be required to pay any legal fees to us. If your claim succeeds, your fees are recovered from the party at fault with a portion also being recovered from the compensation you receive, minimising financial risk for you.

Why choose Stephensons Solicitors LLP?

Stephensons is an award-winning law firm with extensive experience in handling medical negligence claims across England and Wales. Clients who choose us benefit from:

• A compassionate, dedicated and approachable legal team.
• Specialist knowledge in medical negligence law with a strong track record of achieving successful outcomes for our clients.
• Comprehensive support throughout the legal process with clear, regular communication.
• Transparent, fair and competitive fees, including no win, no fee options where appropriate.

If you believe you've suffered as a result of medical negligence, contact Stephensons Solicitors LLP today on 0161 696 6165 for a confidential discussion. We'll provide practical advice and guide you step-by-step through the process, helping you pursue the compensation and justice you deserve.