Medical negligence claims

We can help you make a claim if you’ve suffered due to medical negligence. And we are committed to ensuring you receive financial justice by obtaining as much compensation as possible.

Our caring and sympathetic approach ensures your needs are our top priority, and we will approach your claim with the utmost professionalism.

If you can’t work due to your injuries, we’ll also ensure you receive support and advice about loss of earnings and rehabilitation treatment.

How long do I have to make a claim?

Claims should be made within three years of an incident, but ideally sooner.

Or, if a problem with treatment only becomes apparent later, within three years of realising this.

Types of medical negligence claim

Claims may arise from

  • misdiagnosis
  • delayed diagnosis
  • incorrect treatment
  • surgery mistakes
  • dental negligence
  • poor nursing care

Claims sometimes take a few months to reach a conclusion. However, complicated matters can take several years. But we will support you every step of the way.

Healthcare providers are legally required to have professional indemnity insurance in place in case something goes wrong.

Steps to take when making a medical negligence claim

 

  1. Contact us as soon as you can after the incident.
  2. Note down as many details as you can.
  3. Submit a formal complaint to the person who treated you (in addition to your claim).
  4. We will take details from you then prepare a statement to document exactly what happened and the consequences.
  5. We’ll obtain your medical notes and records and seek an independent medical opinion. We only use the best medical experts who objectively judge each case on its own merits.
  6. We will then send a ‘letter of claim’ to whoever caused the negligence, accompanied by our evidence.
  7. The other party will carry out their own investigations then confirm whether they agree to compensation due to a ‘breach of duty’ and satisfying ‘causation’.

Breach of duty and causation

Healthcare professionals must exercise ‘reasonable’ skill when performing their role, known as the ‘duty of care’. If that person makes a mistake, this can be seen as ‘breaching their duty’ by failing to meet an acceptable care standard.

However the breach of duty must have caused the suffering you are claiming for. This is ‘causation’. If the symptoms would have happened anyway, the claim will fail.

How much can I claim?

Once compensation is agreed to, further medical evidence is obtained to decide the amount. This medical report will document

  • the diagnosis – problems that are being suffered
  • the prognosis – how long these symptoms are likely to go on for

It will provide sufficient information for it to be decided how much the symptoms are worth. And take into account expenses such as loss of earnings, travelling expenses, and private medical care.

What if a settlement can’t be achieved?

If compensation isn’t offered, we can issue court proceedings. Medical negligence cases very rarely end up at court. However, if yours does, we will be by your side through every stage of the process.

Talk to us about how we can help you.

Complete our personal injury form.

Or contact us for a free, no-obligation face-to-face or telephone appointment.

Phone

01246 956300

Email

hello@bradleymorrell.co.uk