Making a Medical Negligence Claim
Find out how much your personal injury claim may be worth
Medical Negligence Claim
Have you suffered pain or losses as a result of poor or inappropriate medical treatment?
We believe that the victims of medical 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 and can relieve the financial pressure which you may find yourself in due to the pain caused.
We understand that if you have suffered as a result of medical negligence, you may be frustrated about what happened and the effect it has had on your life. You may also be confused about what to do next. We will help you understand your rights, how to get the answers you need, and whether or not you could be eligible to claim compensation.
What is medical negligence?
When a patient is harmed, whether physically or psychologically, under the care of a medical professional, as a result of inappropriate or substandard treatment, this will usually give rise to a case of medical negligence.
When you are under the care of a medical professional, they will have a duty of care to you as you will be trusting them to provide you with the best medical care and attention. Regardless of the medical professional, a doctor to a care home attendant, all medical professionals have a duty of care to you. Usually, the duty to provide you with the best care is fulfilled; however, sometimes, this is not the case.
A clinical or medical negligence claim can mean a variety of things, from a doctor failing to identify an injury on an X-ray, to a patient being given the wrong medication. Medical negligence could also mean your GP failing to refer you to a specialist, or receiving substandard care from your dentist, chiropractor, or physiotherapist. Furthermore, a medical negligence claim can arise from mistakes during surgery, cosmetic procedures, negligence at eye clinics or birth injuries.
It should be noted that a medical negligence claim does not have only to involve an NHS doctor. It can include private medical professionals too.
Making a Medical Negligence Claim
If you have had an injury or had an existing medical condition which has been made worse, you may have suffered from clinical or medical negligence. You may, therefore, be able to make a claim for compensation. Medical negligence cases can be complicated, so it is best to speak to an expert at Beacon Law who can assess your case specifically on its individual facts.
You may worry that making a claim would affect the future care you receive or may put further financial pressure on the NHS. This is not the case. It’s important to remember that if your claim is successful, your compensation is paid by the NHS Litigation Authority or the insurance company of the doctor responsible for your injury.
Furthermore, it is important to look after yourself after you have been at the receiving end of medical negligence. The compensation will help you in recovery and the financial pressure while you recover. It can help cover the costs of any further medical treatment which may be needed. A claim for medical negligence can also mean it draws attention to the problem at hand and can assist in ensuring it does not happen to somebody else in the future.
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 around 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 to access your medical records to identify the negligence and any past related medical issues.
The expert solicitors at Beacon Law 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 claim.
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 Making a Medical Negligence Claim
You should try and bring a medical negligence claim within three years of the negligence happening or within three years of you becoming aware of the negligent treatment. This three-year time limit can be extended if the patient is a minor or lacks mental capacity either prior to the negligent treatment or as a result of it.
Due to the complexity of these cases, the processing times can vary and will usually take around 12 months to be completed if the matter is not particularly complex.
Why Choose Beacon Law?
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.
Beacon Law are specialist solicitors in Personal Injury and have a medical negligence team who are experts in dealing with medical negligence. The 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 the medical negligence claim on your behalf and running the case from beginning to end.
Your medical negligence case at Beacon Law will be under a ‘no win no fee agreement’ which vastly minimises the risk of incurring legal costs. Under this agreement, as long as you corporate 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.
To make a compensation claim for negligent treatment with Beacon Law, or if you have further queries, please contact a specialist solicitor at Beacon Law on 0330 1332 857.