Taking legal action for Medical Negligence can be daunting, especially if the case is against the NHS.
NHS care is usually very good and most people don’t have any problems. But occasionally things can go wrong.
What is medical negligence?
Medical Negligence can occur in a number of ways, such as where a medical professional:
- Failed to diagnose your condition or made the wrong diagnosis;
- Made a mistake during a procedure or operation
- gave you the wrong medication;
- Didn’t get your informed consent and / or discuss all treatment options;
- Didn’t warn you about the risks of a particular treatment.
Is it difficult to bring a claim? Can I get help?
You may also feel anxious talking about personal information especially if the situation is stressful and upsetting. It is important that you understand that you do not have to deal with the consequences of Medical Negligence alone.
It is advised to seek professional, legal advice as soon as possible. If you’ve been injured due to negligent medical treatment, you may be able to take legal action for compensation.
We can advise you on the options available to you which are not limited to taking your case to court.
You could also take legal action for compensation if you’re the next of kin of someone:
- Who has died because of negligent medical treatment;
- Who can’t take legal action themselves because they don’t have capacity.
What can I claim for?
You can claim compensation for any injuries or losses suffered which were a direct result of the negligent treatment you received. This can include:
- Compensation for physical and psychological pain, suffering and loss of enjoyment of activities
- Payment for ongoing treatment such as physiotherapy
- Loss of past and / or future earnings
- The cost of any extra care or equipment you may need
- The cost of adapting your home
We will look at your case to decide if it’s something we can assist with, and for this we will need as much information as possible.
It helps if you keep a record of everything that’s relevant to your treatment and any paperwork you’ve got if you’ve been through the complaints procedure, if you have gone down that route before contacting us. Also, keep a record of any expenses you’ve had to pay and any loss of earnings.
What will you do when I ring you?
We will decide if your case has a reasonable chance of success based on the information you are able to provide and our experience of dealing with clinical negligence cases.
It is important you contact us as soon as possible as strict time limits apply to bringing a claim for clinical negligence.
We will also discuss the best way to fund your claim. You may already have Before the Event Insurance (BTE) that could be used to fund the claim. We can offer different arrangements for payment, such as private paying (where you pay the full cost of the case) or if we will offer a conditional fee agreement.
Be aware that there is no legal aid available for most Medical Negligence cases, and is only available in very specific cases. As experts, we can advise you on this. If it is available for your case, we can apply for this. Our Michelle Gyte is a member of the Law Society Clinical Negligence Panel.
Our Medical Negligence Specialists are normal, down to earth people and can support you through your negligence claim.
If you would like some free advice on a potential case, we offer free drop in days at our Barnsley office on Wednesdays, 10am – 4pm, and our Rotherham office, Thursday 10am – 4pm. Alternatively you can contact our team at [email protected] or call us on 0114 2496666.