Clinical Negligence Solicitors London: No Win, No Fee

Clinical Negligence Solicitors London

Clinical negligence is a deeply distressing situation where a patient suffers harm or injury as a result of substandard medical care. When such incidents occur, it can have a profound impact on the affected individual’s physical well-being, emotional state, and overall quality of life.

We believe that the victims of clinical negligence deserve support and compensation for the pain and suffering they have experienced. Compensation will assist in covering the costs of future treatment or medical care. This can relieve the financial pressure which you may find yourself in due to the pain caused.

We empathise with the frustration and impact that clinical negligence can have on your life. We recognise that you may feel unsure about the next steps to take in such a situation. Our objective is to provide you with clarity regarding your rights, guide you in obtaining the necessary information, and determine if you qualify for compensation.

What is clinical negligence?

Clinical negligence, also known as medical malpractice or medical negligence, refers to a situation where a healthcare professional or healthcare provider fails to provide an appropriate standard of care, resulting in harm or injury to a patient. It involves a breach of the duty of care that healthcare professionals owe to their patients.

Clinical negligence can occur in various healthcare settings, including hospitals, clinics, doctors’ offices, and nursing homes. It can be the result of actions taken by doctors, nurses, surgeons, anaesthesiologists, pharmacists, or other healthcare professionals.

Clinical negligence can encompass a wide range of situations that can result in physical pain, emotional distress, worsened medical conditions, long-term disabilities, or even fatalities.

Examples of clinical negligence

Clinical negligence can manifest in various forms, as healthcare professionals can make errors or exhibit negligence in different aspects of patient care. Here are some common types of clinical negligence:

1. Misdiagnosis or Delayed Diagnosis: When a healthcare professional fails to correctly identify a patient’s condition or diagnoses it late, leading to delayed or inappropriate treatment.
2. Surgical Errors: Mistakes made during surgical procedures, such as operating on the wrong body part, leaving surgical instruments inside the patient’s body, or causing damage to surrounding organs or tissues.
3. Medication Errors: This involves errors in prescribing, administering, or monitoring medications. This can include incorrect dosages, administering the wrong medication, or failing to consider potential adverse drug interactions.
4. Anaesthesia Errors: These are mistakes made during the administration of anaesthesia. This involves incorrect dosages or failure to monitor the patient’s vital signs properly.
5. Birth Injuries: This is negligence during prenatal care, labour, or delivery that results in harm to the mother or the newborn. This negligence can cause conditions like cerebral palsy, Erb’s palsy, or other birth-related injuries.
6. Inadequate Treatment or Follow-up: When a healthcare professional fails to provide appropriate treatment, fails to follow up on a patient’s condition, or neglects to refer the patient to a specialist when necessary.
7. Failure to Obtain Informed Consent: Neglecting to adequately inform a patient about the risks, benefits, and alternatives of a particular treatment or procedure before obtaining their consent.

These are just a few examples of medical negligence, and each case may have its own unique circumstances. Our clinical negligence solicitors, London, can evaluate the specific details of your case and increase the chance of ensuring that your claim is successful.

What should I do following clinical negligence?

If you believe you have been a victim of clinical negligence, it is important to take appropriate steps to protect your rights and potentially seek compensation for the harm you have suffered.

If you are experiencing any ongoing health issues or complications as a result of medical negligence, it is important to seek appropriate medical care to address your condition.

Keep a record of all relevant information related to the clinical negligence incident. This includes the names and contact information of the healthcare professionals involved, dates and times of the incident, descriptions of what occurred, and any subsequent medical treatments or expenses you incurred.

Once you have gathered sufficient evidence, it is highly advisable to consult with a legal professional who specialises in no win, no fee medical negligence claims. Our clinical negligence solicitors, London, can assess the strength of your claim, guide you through the legal process and protect your rights.

Who is eligible to make a no win, no fee clinical negligence claim?

1. Duty of Care: It must be established that there was a doctor-patient relationship, where the healthcare professional had a legal obligation to provide appropriate care.
2. Breach of Duty: It must be proven that the healthcare professional failed to meet the standard of care expected in their particular field of practice. This involves comparing their actions or omissions to what a competent healthcare professional in the same field would have done in similar circumstances.
3. Causation: It must be shown that the breach of duty directly caused the harm or injury suffered by the patient. This requires establishing a link between the healthcare professional’s negligence and the resulting negative outcome.
4. Damages: The patient must have suffered medical negligence and had an injury as a result of it. This can include physical or emotional injuries, financial losses, or additional medical expenses as a direct result of the healthcare professional’s negligence.

Medical negligence cases can be complex and require thorough investigation, expert opinions, and gathering of evidence to establish liability. Seeking legal advice from experienced professionals specialising in medical negligence can help determine the viability of a claim and guide individuals through the legal process to seek compensation for the damages suffered.

Our claim process

The case will begin when you make an initial enquiry to Beacon Law, where a member of the team will ask you questions about the medical negligence, and you will receive advice on whether your case can be moved forward. If your case is assessed as having merits, then Beacon Law will accept your case and will become your official legal representatives. Beacon Law will require access to your medical records to identify the negligence and any past related medical issues.

Our clinical negligence solicitors, London, will liaise with experts in the field of medical negligence in obtaining an expert report to comment on the level of negligence and breach of the duty of care. They will comment on the impact which the negligence had on your health. Furthermore, as your legal representatives, we will assist in gathering all evidence required to make your case stronger. We will assist with obtaining witness evidence and obtaining as much medical evidence as possible to support your clinical negligence claim for compensation.

Beacon Law will assist in negotiating with the medical profession or their agent/solicitor in order to obtain the best possible compensation for you in order to attempt to get you back to a similar situation to before the negligent treatment happened.

While it can be hard for money to actually compensate you for the pain and negligence you have suffered, it can assist in trying to lead a normal life again. You can be awarded the money lost if you have not been able to go back to work and any costs arising from further medical treatment to correct the problem.

We will be dealing with the medical professional or body directly on your behalf. At Beacon Law, we will liaise with the other side to establish liability or fault. It may be that liability will be difficult to establish, so the case may need to be issued with a Court so that the Judge’s guidance can be provided on the case.

While there is a long and timely Court process to go through before the matter gets to Trial, depending on its complexity, it may be that the case does not settle until Trial, where a Judge will be able to make an order.

Time limits for clinical negligence claims

The general time limit for bringing a clinical negligence claim is three years from the date of the incident or from the date when the negligence was discovered (also known as the “date of knowledge”).

However, there are a few important considerations to keep in mind:

1. Date of Knowledge: If the negligence is not immediately apparent, the three-year time limit starts from the date when the claimant first became aware (or should have become aware) that they suffered an injury or harm as a result of the negligence. This is known as the “date of knowledge.” It is important to note that the date of knowledge is not the same as the date when the negligence occurred.
2. Children: If the claimant was under the age of 18 at the time of the negligence, the three-year time limit does not begin until their 18th birthday. In other words, they have until their 21st birthday to bring a claim.
3. Mental Capacity: If the claimant lacks mental capacity to make decisions regarding their legal affairs, there is no time limit for bringing a claim. The time limit will only start if the claimant regains mental capacity.
4. Extension of Time: In exceptional cases, the court has the discretion to extend the time limit if it is considered equitable to do so. This is typically rare and usually requires a strong justification.

How can Beacon Law assist?

Beacon Law are specialist solicitors in personal injury and have a no win, no fee clinical negligence team who have an excellent track record in this area. The medical negligence solicitors at Beacon Law hold vast experience in medical negligence claims and will deal with the claim in a professional manner.

Beacon Law can assist in bringing a no win, no fee claim on your behalf and running the case from beginning to end.

Your medical negligence case at Beacon Law will be on a no win, no fee basis which vastly minimises the financial risk of incurring legal costs. Under this no win, no fee agreement, as long as you cooperate through the process of the claim, you will not incur any costs even if your case is unsuccessful.

There will be no upfront payment needed, and you will not need to worry about the risk of being in a worse financial situation should your claim not succeed. To find out about our no win, no fee funding and legal fees, and the success fee, have a look at the funding section on our website.

Beacon Law are registered Solicitors in England and Wales who are authorised and regulated by the Solicitors Regulation Authority. The registered office for Beacon Law is located in Cheshire.

To make a claim for medical negligence compensation with Beacon Law, or if you have further queries, please contact a medical negligence lawyer at Beacon Law on 0330 1332 857. For claims involving other legal areas, such as commercial law or family law, you can use the find a solicitor tool on the law society website.