Medical negligence compensation claims solicitors

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Medical negligence claims FAQS

What does a medical negligence compensation claim cost?

We will not charge you to discuss your case and one of our medical negligence specialists will contact you by telephone, at your convenience, to assist you. There is no obligation on you to pursue a claim and after discussing it with us, if you have decided not to go ahead then it will have cost you nothing and you will have lost nothing. But if, after having discussed it with us, it appears that you do have a claim which you may wish to pursue then there are a number of ways that it could be funded without you having to pay any money up front.

We will always advise you on the best way to fund your claim. Very often people already have legal expense insurance cover and we will assist you to find out if you have this so that you will not have to pay anything to make your claim. We could also handle your compensation claim on a no win no fee basis.

Why should I choose Stephensons for my medical negligence claim?

As a team or as individual lawyers, our medical negligence claims specialists are active and leading members of, or approved by, key associations to enhance our ability to help you, including:

• Clinical Negligence Accreditation - The Law Society

• Society of Clinical Injury Lawyers (SCIL)
• Limbless Association

Our specialist medical negligence solicitors are held in the highest regard by the Legal 500 and the Chambers Guide to the Legal Profession.

How do I start a claim for medical negligence?

The process of starting a claim is simple with the help of an experienced legal team, who can provide you with all the specialist advice and support you need. It is important you seek legal advice as soon as possible, as medical negligence claims only have a three year window in which to start your claim.

The clock starts ticking from the date of your injury or from when you first discovered that your injury was a result of clinical or medical negligence. At Stephensons, we have helped many of our clients get the compensation they deserve.

There are some some exceptions to the three year time limit, minors can make a claim up until they turn 21 years old.  

Please contact one of our expert solicitors today for a no-obligation initial chat. 

How much compensation for medical negligence resulting in death?

Sadly some cases do result in the death of a loved one. In such circumstances, you may be able to claim for the following:

• Funeral expenses
• Bereavement damages (limited only to spouse/partners that had been co-habiting for more than 2 years)
• Your loved ones pain and suffering prior to their death
• Any financial losses incurred as a result prior to their death such as; care, travel expenses, treatment costs, earnings/dependency

What can I claim for?

You can claim for your injury (general damages) and your past and future financial loses (special damages). If you have suffered a loss of earnings or you have bought items of equipment, then we would ask that you keep your wage slips and receipts so that we can calculate the loss.

At Stephensons, we will help you put together the evidence you need to pursue a successful claim and we’ll include all your expenses, so that we can claim the maximum amount of compensation possible for your claim.

Can I claim for catching covid or my relative passing from covid?

Unfortunately, we cannot handle these claims. It is very difficult to prove that catching covid is avoidable under any circumstances and our insurers have exclusions for claims surrounding covid therefore we cannot investigate them. If the claim is due to vaccinations from covid we would recommend contacting the vaccination compensation scheme.

How long does it take to make a medial negligence claim?

There are no set time frames for claims in medical negligence cases as the length of a claim is often dependant on a number of different factors such as complexity of injury, reliance of input from third parties and the conduct of the defendant. However our solicitors will explain each part of the process and advise on approximate timescales throughout.

How can I prove medical negligence?

To be able to make a medical negligence compensation claim, you must be able to prove that the health professional acted below a reasonable standard of care and that you suffered harm as a result of that.

We will request copies of your medical records to help us assess your claim and we will probably instruct an independent expert to comment on the standard of care that you received. We may need to instruct multiple experts and you may need to be examined as part of that process. We will also take  a statement from you and any other relevant witnesses.

Can I make a medical negligence claim on behalf of a friend or loved one?

You can act on behalf of a minor or a person lacking in mental capacity, as their litigation friend. A person can also bring a claim on behalf of the estate of a deceased person. If you wish to assist someone with capacity and who is an adult, we can obtain authority from the individual for you to be able to deal with the day to day running of the claim.  

I have had issues with my medical care and feel that this has been negligent, can you advise what would amount to a claim?

In order to distinguish a case of medical negligence from a complaint with medical treatment we must satisfy the relevant legal test for clinical negligence. Firstly you must show a breach in the duty of care owed to the injured party. This is determined by whether no responsible clinician would have provided treatment/care in the way it was. Secondly we must be able to link the injury to the breach(es) of duty and prove that the injury was caused on the balance of probabilities (proving that it wouldn’t have occurred in any event).

What are examples of medical negligence?

• Negligent treatment or delays during pregnancy or childbirth causing injury to you or your baby.
• Operations that have gone wrong. For example, we secured a substantial sum for a young girl who was left with life-changing complications after her heart operation was found to be performed negligently
• When delays in getting a diagnosis lead to further complications or death.  We have many cases involving delays in the diagnosis of cancer leading to death, for example.
• Some claims arise from misdiagnosis/late diagnosis. This could a chronic condition such as diabetes or vascular disease, or medical emergency, like a heart attack. If you have been misdiagnosed, you may require treatment or surgery that would not otherwise have been required.
• Being prescribed the wrong medication or an incorrect dose is also classed as medical negligence if it leads to harm or injuries

Other areas where you may have a medical negligence claim are:

• Fertility, pregnancy and birth negligence
• Delayed/incorrect diagnosis of fractures

What if I want to make a claim but I am not sure that I am ready to at the moment?

We understand that taking steps to bring a claim can be difficult. The law sets a three year period of time for claims of clinical negligence to be concluded or issued at court in order to prevent them being time barred from being brought (this is known as limitation). The three years runs from the date the injury occurred.  However in some cases of medical negligence, a person can rely on their date of knowledge of the negligence (if for example they didn’t know the injury had occurred at the time). We have a policy here at Stephensons that we require at least six months remaining of the limitation period in order to enable us to take a claim on. This is due to the length of time it takes to carry out the initial investigations.

Can I claim for a medical practitioner refusing me treatment?

The refusal of treatment is complicated and can fall into alternative areas of law. If you feel that you are being refused treatment due to a protected characteristic and are being discriminated against please contact our discrimination law team. If you feel they are knowingly refusing to treat you this may fall under a human rights claim. The important thing to do is to speak to a solicitor and get advice.  

What is classed as medical negligence?

Medical negligence is classed as when a health professional has failed in their legal duty of care and, as a result of that failure, have caused harm to the patient. This can include anything from poor treatment, after-care, or misdiagnosis.

A health professional may be a GP, hospital, physiotherapist, dentist or nurse. You can also bring a claim against a private surgeon too.

What is medical negligence?

If you, a family member or friend, have received medical treatment and that treatment has gone wrong then you may be able to make a claim in negligence against the medical provider for the additional harm which you have suffered and consequential financial losses.

Medical negligence does not only include treatment which you have received but may also include a failure to provide treatment at all or a delay in diagnosis and treatment.

A claim can be brought against any medical provider including general practitioners, NHS hospitals, private hospitals, nurses, dentists, chiropractors, physiotherapists, opticians, pharmacists etc. 

What are the time limits for making a medical negligence claim?

In a medical negligence claim, the general rule is that any court proceedings must be started within 3 years of the date on which the negligence is said to have happened (i.e. the date of treatment that you are concerned about), or the date on which you knew or should have known that you had a significant injury from the treatment.

This second date is referred to as your Date of Knowledge. If the claim is being brought on behalf of the estate of someone who has passed away then court proceedings must be started within 3 years of the date of death.

Different rules apply to children and those who lack capacity, so it may be important for you to seek out the help of a legal professional to decide what legislation you are held accountable to..

Proceedings brought by or on behalf of a child must be started at court three years from their 18th birthday (i.e. 3 years from the date on which the child legally becomes an adult). If a child or adult has suffered a brain injury such that they are considered to lack capacity under the mental health regulations then there may not be such a time limit. This will need to be carefully assessed by a specialist Solicitor together with advice from a Medical Health Professional.

In all potential cases it is important to contact a specialist solicitor as soon as you think you may have a medical negligence claim so that investigations can be started as soon as possible.

How long do medical negligence claims take?

A medical negligence claim can be a lengthy process and there are a number of complex steps involved as we have to be sure that we have investigated a claim properly and have the evidence we need to ensure your claim is as strong as it can be. If a case does not settle, the ultimate way in which it is finalised is in front of a judge in a court. We therefore have to build each case as if it could be presented to a judge (even though this is very unlikely). 

The average lifespan of a claim is less than 4 years, however, it can take less time or longer depending on a number of factors. One of the ways in which we try to speed up the process is, when appropriate, we invite potential defendants to admit liability at a very early stage by sending them a notification letter. This is a document which outlines our allegations but confirms that our investigations are not yet finalised. Occasionally, a defendant will admit liability very early in a case, meaning our investigation is limited to considerations as to how much your claim is worth.

Other factors can lengthen the lifespan of a claim. For example, you may be undergoing treatment and we may need to wait until this is complete, or, for a child’s claim, we may need to wait until they have reached a certain age or milestone until we know the extent of the injury.

We will, of course, keep you updated at each stage and provide you with timescales as the claim is progressing and we do all we can to try and encourage a timely resolution to your case including promoting mediations, making early offers and requesting interim payments.

Why should I make a medical negligence claim?

The main reason for making a claim (and the only remedy that is available in accordance with the law) is to obtain compensation.

If you have been injured as a result of medical negligence, then you will be able to claim compensation for your injuries themselves (your pain and suffering), any financial losses that you have already incurred and for the costs of any care, aids and equipment, treatment etc. that you may need in the future as a result of the negligent treatment.

If the claim is relating to the death of a loved one, we can also include a claim for statutory bereavement damages, funeral expenses and a claim for dependency if you were financially dependent upon the deceased.

The aim of the compensation is to try and put you back in the position that you would have been in, had the negligence not occurred. The compensation obviously cannot take away any injuries that you have suffered, but it can make sure that you are not out of pocket for your past expenses and it can ensure that you have money available for anything that you may need in the future.

There are a few other potential benefits of bringing a claim and these are:

1. During the process of a claim, the circumstances of your treatment will be investigated. After these investigations have taken place, even if a claim cannot be established, it should give you answers about what happened and why.
2. If you are able to establish a claim, then you will receive compensation and, in some circumstances, you may be offered a ‘letter of apology’ and/or there may be a change in procedures as a result of your claim to ensure what has happened to you will not repeat itself.
3. From our experience of dealing with these types of claims, we are also able to signpost you to other organisations, charities or provide advice that can assist you to deal with the problems that can be encountered following medical treatment.

What will happen when I make a medical negligence claim?

If you decide to make a claim for medical negligence, we will get access to copies of your medical records and have them reviewed by specialists who will look for evidence of care, symptoms, and injuries that might have been as a result of negligent treatment.

We can then bring in an independent medical expert to consider your medical records and prepare a specialist report. Depending on the type of case, we may need to instruct several medical experts to comment on different aspects of your treatment. Once all this has been confirmed, we can put together a letter of claim which will outline why we believe the medical care you received was negligent. We should also be able to include within the letter, an offer to settle your claim, whilst also investigating any financial losses you may have incurred as a result of the negligent treatment.

The defendant then has four months to investigate your claim and provide us with a formal response.

You may need to undergo a medical examination with an independent expert, depending on the circumstances of your case, and we will make all the necessary arrangements for you.

Is 'no win no fee' funding available for medical negligence claims?

Most of our medical negligence claims are funded by way of a ‘no win, no fee’ agreement (also known as a conditional fee agreement or a CFA) and we would be happy to provide a free assessment to determine whether your case is eligible.

Our specialist medical negligence solicitors are very aware of the importance of our clients being fully informed and advised throughout the legal process, and especially in relation to funding. As such, you will have access to an appointment with a Solicitor to discuss a ‘no win, no fee’ agreement before you are required to sign.

Ultimately, we do not require any payments upfront and the general rule is that you do not pay anything if you lose.

We are only paid if you win. To recognise this risk, we will take a ‘success fee’ from any fee awarded, capped at a maximum of 25% of your compensation (and excluding any compensation you are awarded to assist you in the future). However, please be rest assured that a settlement will not be reached, or proposed, unless you are fully aware of the amount of money that you will ultimately receive in your hand.

Will I need to have a medical examination when I make a medical negligence claim?

This will depend on the nature of the medical negligence claim that is being made. In some cases, a medical negligence claim can be conducted by reference to your medical notes and records, without the need for a medical examination.

It is unlikely that during the initial investigations into your claim that you will require a medical examination.  If the expert is supportive of a case for clinical negligence then he or she may need to examine you to consider your current medical condition and/or your future prognosis. This will enable us to accurately value your claim for compensation and assess what additional care needs or other assistance you may require.

If you have any concerns regarding a medical examination then these would be discussed with ourselves and the medical expert in advance. It is usually the case that arrangements can be made which suit all parties involved.

Can I make a claim against the NHS and private hospitals?

Hospitals should be a safe place to go when you are injured or need treatment. However sometimes the care provided isn’t to the standard we expect and it can even be the case that additional injuries are caused. Serious errors can occur causing brain injuries, misdiagnosis and delays in diagnosis, injuries during childbirth and more.

You can therefore bring a claim for compensation for injuries sustained regardless of whether the treatment was paid for privately or carried out under the NHS. The process is similar for both and the main key difference in pursuing a claim for compensation against a private hospital is that you may have additional grounds to make a claim on the basis you may have entered into a contract that provides for an expected outcome. 

Our specialist solicitors will be able to advise you on whether you have a claim for compensation and against whom the claim can be made.  It can often be the case that multiple parties are pursued and compensation is paid by more than one hospital or practitioner.