If you’ve been given sub-standard care from a medical professional you may be able to make a claim for medical negligence compensation.

Being let down in this way is a distressing experience, but the team at Beacon Law can help you to start getting your life back on track by claiming the compensation you deserve.

If you can prove that negligent treatment caused illness or injury, or made an existing condition worse, you may be able to claim compensation for the pain and distress you’ve been through and to cover costs and loss of earnings.

Making a medical negligence claim

Medical negligence claims – also known as clinical negligence claims – can be made whether the care you received was provided by a private healthcare provider or the NHS. If the duty of care demonstrated by those treating you fell below a ‘reasonable standard’ then you may be in a position to claim for clinical negligence.

We know that taking legal action may be the last thing on your mind when you’re concentrating on recovering from sub-standard medical treatment. That’s why we pride ourselves on handling medical negligence claims in a supportive and empathetic manner, enabling you to concentrate on getting better while we handle your claim.

If you were treated in any way that failed to meet a reasonable standard of care and this caused an illness or injury then contact us today and we’ll take the time to hear your story and asses whether you have the grounds for a compensation claim.

Starting a medical negligence claim

The easiest way to start your medical negligence claim is to get in touch with the expert team at Beacon Law. We offer a free, no obligation 30 minute consultation, during which we’ll listen to what happened to you and explain how the law applies in cases of medical negligence.

If we think you’ve been treated negligently we’ll build a strong case for compensation on a no win no fee basis.

Calculating compensation for a medical negligence claim

The amount of compensation paid in successful medical negligence compensation claims is made up of general damages and special damages:

• General damages – this figure is meant to reflect the pain and distress you’ve been through and the limitations placed on your ability to fully live your life
• Special damages – this figure is an amount to cover any direct costs caused by the medical negligence, from lost earnings to medical bills

Calculating General Damages

The figure paid in general damages is meant to reflect the nature and severity of your injury or illness, as well as something called ‘loss of amenity’. Loss of amenity covers the ways in which you are no longer as free to enjoy things like leisure, hobbies and social pursuits.

The figure is reached with the help of the Judicial College Guidelines (JCG). This contains a suggested range for all types of personal injuries, including those caused by medical negligence, with figures based on the part of the body in question, the severity of any injury and the prognosis for the future.

We understand that no amount of compensation is ever going to fully make up for the pain and distress caused by a case of medical negligence, but we’ll work by your side to win the maximum amount possible to help you put your life back together.

Calculating Special Damages

In simple terms the aim of special damages is to put you in the financial position you would have been in if the medical negligence had never happened. The final amount is meant to cover all expenses and losses directly linked to your illness or injury.

The calculation will start with earnings or pension lost because of changes to the amount of work you’re able to do, and then include expenses like the following:

• The cost of any medical treatment needed because of your injury or illness
• The cost of any care that has to be provided
• The cost of any care provided by friends or family
• The cost of any adaptations you need to make to your home or vehicles
• The cost of relocating if your injuries make this necessary
• Travel expenses such as going to and from medical appointments

The amount of compensation you could receive

The compensation you could receive for medical negligence might run from £1000 for minor injuries up to more than a million if the impact is permanent and life-changing. The exact amount will vary depending upon how severe the injury is and the impact it has had on your life.

When you make a medical negligence claim with Beacon Law we’ll use our track record of success and more than 200 years of combined legal experience to estimate the type of compensation you might be entitled to at each step of the process.

We always aim for maximum compensation, bearing in mind that the amount you receive is intended to cover the impact of your illness or injury in the future as well as at the time of the claim.

Could I receive interim payments?

Yes, if the other party admits liability we will always push for interim payments to be made. Medical negligence cases can be complex, meaning the final compensation amount takes some time to agree.

Our family-run ethos means that we put you as the client front and centre, and so we will always seek interim payments to cover things like medical bills and care costs until you receive the full amount you’re entitled to.
Any interim payments will be deducted from the final amount of compensation, but they can help you to concentrate on recovering while we get on with negotiating the best possible deal.

The types of medical negligence you can claim for

We specialise in serious and medical negligence claims at Beacon Law, and will take on any claim in which you’ve been let down by medical professionals. Among the more usual types of medical negligence are the following:

• Your condition or injury was misdiagnosed, meaning the correct treatment wasn’t promptly provided
• A medical professional failed to refer you to the right specialist after examination, leading to your condition or injury becoming worse
• You suffered prolonged suffering and pain because the diagnosis of your condition was unnecessarily delayed
• You were prescribed the wrong medication or given the wrong course of treatment

If you were the victim of surgical negligence. The more common mistakes made during surgery include the following:

• Your surgery involved the wrong procedure
• The surgical procedure was correct in principal, but was botched
• The surgery was performed on the wrong part of your body
• You had foreign objects left inside your body
• You suffered from a post-surgical infection which should have been prevented
• You were not given enough information on the risks of surgery to provide informed consent
• Your anaesthetic was administered incorrectly

Other negligent actions which might form the basis of a compensation claim could include:

• Being discharged from a hospital or course of treatment too soon
• Failing to carry out tests such as x-rays, scans and blood tests
• Having the results of tests misinterpreted
• Receiving poor after-care when you’ve had surgery
• Failing to have worsening symptoms noted and acted upon

The people you can make a medical negligence claim against

You can make a claim for compensation following medical negligence against any institution or individual that failed to meet the expected standard of care when treating you.

At Beacon Law we’ve successfully claimed medical negligence compensation from a wide range of healthcare providers, such as the following:

• NHS Trusts
• Hospitals
• The ambulance service
• Pharmacies
• Private healthcare providers
• Opticians
• Care homes
• Therapists, including those offering alternative and complementary treatments
• The ministry of defence
• Community care providers
• Mental health care providers
• GPs
• Dentists

The information needed for a medical negligence claim

The information needed to support a medical negligence claim can be summarised as follows:
Your medical records, particularly those relating to the negligent treatment in question, including any relevant test results, scans, x-rays etc.

A personal statement setting out an account of your interactions with the relevant healthcare officials, the treatment they provided, how it was provided and the impact this has had on your life

In some cases photographic evidence of the impact of medical negligence might be useful

We understand that gathering evidence of this kind together following negligent medical treatment might be difficult and stressful. That’s why we can promise that if we think you have the basis of a successful claim, we’ll put in the work of pulling together the evidence you need on your behalf.

How to prove a case of medical negligence

To make a successful claim for medical negligence compensation you need to prove two things:

• The treatment you received from healthcare professionals fell below the standards that are reasonably expected
• As a result of this failure you were injured, made unwell, or had an existing condition made worse

Receiving the compensation you’re entitled to will also require demonstrating the impact your injury or illness has had on your life and, in many cases, will continue to have in the future.

The process of making a medical negligence claim

When you’re recovering from the illness or injury caused by medical negligence the thought of launching a compensation claim probably feels extremely daunting. That’s why the experts at Beacon Law break the process down into manageable steps, and offer one to one tailored support through each of these steps:

1. During an initial no obligation consultation, provided free of charge, we encourage you to explain the details of your case and how you think you have been let down. If we think you could claim compensation we’ll explain our no win no fee approach, and the next steps.

2. We’ll start to build your case, without charging anything up-front. We always try to move as quickly as possible to give you peace of mind that action is being taken. We’ll pull together:

• Medical records
• Your own account
• Any relevant witness statements

3. We’ll arrange an independent medical evaluation with an expert. This will enable us to build the fullest possible picture of the extent and type of injury or illness you’ve suffered, and the chances of any recovery being made in the future.

4. We will send a letter of notification to the healthcare professionals involved, letting them know that you intend to claim compensation for alleged medical negligence. In some cases the other party will admit liability and attempt to reach a settlement as quickly as possible.

5. At this point, whether liability has been admitted or not, we will set out the full details of the negligence we allege, the impact it has had on your life, and the kind of compensation figure we are seeking. The other party has to reply to this within four months.

The reply will involve them admitting liability and offering a sum of compensation, or denying liability. If the other party denies liability or makes an unsatisfactory compensation offer we will negotiate on your behalf.

Our negotiations are driven by a desire to win the maximum amount of compensation for your case, and to avoid court proceedings where possible. We employ dispute resolution and mediation techniques in order to reach a settlement without going to court, and in the majority of cases this is possible.

6. In some case, however, medical negligence claims have to be decided in court. This probably won’t happen – figures published by NHS Resolution – the body which handles NHS medical negligence claims – show that 81% of claims were settled outside court in 2023/24.

If it does happen, however, you will probably need to attend a hearing before a judge, but the team at Beacon Law will support you throughout.

Our experience and expertise means we’re ideally placed to put the strongest possible case for compensation in front of the court, and win the compensation you deserve.

Claiming medical negligence on behalf of someone else

It’s possible to make a medical negligence compensation claim on behalf of someone else, in circumstances including the following:

Claiming on behalf of someone who is less than 18 years of age. A parent or guardian can act as the ‘litigation friend’ of a child affected by medical negligence, and make a claim on their behalf.

Claiming on behalf of someone who has a diminished mental capacity. If someone lacks the ability to make a claim on their own behalf, you can be legally designated to act on their behalf.

Our no win no fee approach

The no win no fee approach to medical negligence claims taken by Beacon Law means that you can start you claim without making any up-front payments. The same applies throughout the process, and you won’t be hit with legal bills even if the claim is unsuccessful.

A negligence claim and your on-going care

If you make a claim for medical negligence it will have no impact on the care you might still be receiving. Any healthcare provider refusing to treat you because you’ve made a claim would be breaking the law. If you wish to switch to another provider altogether, however, you are entitled to request to do so.

Why choose Beacon Law to represent you for your medical negligence claim?

If you choose Beacon Law to represent you for your medical negligence claim you’ll be working with experts boasting an impressive track record of successful claims and more than 200 year of combined legal experience.

You’ll also be working with a family-run law firm that treats every claimant as an individual and provides tailored care designed to support you through a traumatic period of your life, at the same time as building the strongest possible case.

From first consultation to negotiating for the maximum compensation payment you’ll be kept fully informed of what’s happening with your claim, in jargon-free language that’s clear and easily-understood. We understand how devastating it can be to feel let down by medical professionals you trusted, and how much time you’ll want to dedicate to simply recovering.

We make that possible by keeping the claims process as simple for you as possible, from launching your claim as soon as we can to gathering the evidence we need and dealing with the other parties. We do all of this on a no win no fee basis, so you don’t have to worry about costs, hidden fees or what happens if you lose.

From beginning to end, the only costs you’ll have to pay will be a maximum of 25% of the compensation if your claim is successful. If you think you’ve been a victim of medical negligence then contact us today.

We’ll stand by your side as long as it takes to win the compensation you deserve and leave you better equipped to put your life back together.