No Win, No Fee Medical Negligence Claims
Find out how much your personal injury claim may be worth
Medical 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 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. 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 medical 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 medical negligence?
Medical negligence, also referred to as medical malpractice, occurs when a healthcare professional fails to provide an acceptable standard of care, resulting in harm or injury to a patient. It involves a breach of the duty of care owed by the healthcare provider to the patient. This then leads to negligent actions or omissions that deviate from the recognised medical standards.
Medical 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 medical negligence
Medical 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 medical negligence:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. It is important to consult with a qualified legal professional specialising in medical negligence to evaluate the specific details of your case and increase the chance of ensuring that your claim is successful.
What should I do following medical negligence?
If you believe you have been a victim of medical negligence, it is important to take certain steps to protect your rights and potential legal claim. Initially, you should seek immediate medical care as your health and well-being should be the top priority.
Following this, you should then begin to document everything and gather evidence related to the incident. This could include medical records, test results, prescriptions, and any correspondence with the healthcare professional at fault. This evidence may help to strengthen your claim in the future.
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. They 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 medical negligence claim?
To establish a case of medical negligence, certain elements must be demonstrated:
- 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.
- 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.
- 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.
- 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.
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 clinical negligence 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
In the United Kingdom, the primary time limit for making a medical negligence claim is three years from the date of the negligence or from the date when the patient became aware of the negligence and its link to their injury or condition. Although, it should be noted that there are exceptions to these time limits.
For example, the three year time limit can be extended if the patient is under 18 or if they lack the mental capacity as a result of the negligent treatment. 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.
How can Beacon Law assist?
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 no win, no fee medical negligence team who are experts in this area. 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 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.
To make a claim for compensation with Beacon Law, or if you have further queries, please contact a medical negligence lawyer at Beacon Law on 0330 1332 857.