Medical Negligence

Medical negligence, also known as clinical negligence, occurs when a healthcare professional fails to provide a standard of care that a reasonably competent practitioner would have provided in similar circumstances. This failure can result in harm, injury, or worsening of a patient's condition.

A medical negligence claim is a legal action taken by a patient (or their representative) who believes they have suffered harm due to substandard medical care. The claim seeks compensation for the damages incurred as a result of the negligence.

To make a medical negligence claim, you typically need to gather evidence of the negligent treatment, such as medical records and expert opinions. Then, one of our medical negligence solicitors will guide you through the legal process. This includes gathering evidence, assessing the strength of your claim, and negotiating with the defendant or their insurers.

While you can pursue a medical negligence claim without a solicitor, it's highly advisable to seek legal representation. Medical negligence cases can be complex, requiring expert knowledge of both medical and legal aspects. Our team can navigate the complexities of the legal system and ensure your claim is properly presented and pursued.

The time it takes to receive a compensation claim offer can vary depending on the complexity of the case, the willingness of the parties to negotiate, and whether the claim goes to trial. Some claims may be resolved relatively quickly, while others could take several months or even years to reach a settlement.

Many solicitors offer medical negligence claims on a "no win, no fee" basis, formally known as a Conditional Fee Agreement (CFA). This means you won't have to pay legal fees if your claim is unsuccessful. If your claim succeeds, the solicitor's fee is typically a percentage of the compensation awarded, which is agreed upon beforehand.

Please contact us so our team can help you with your case.

You can sue for medical negligence if you can prove that a healthcare professional breached their duty of care, causing you harm. This breach could include misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or inadequate post-operative care, among others.

The success of a medical negligence claim depends on various factors, including the strength of the evidence, the expertise of your legal team, and the specific circumstances of the case. 

While some claims are settled out of court, others may require litigation. Success rates vary, but consulting with an experienced solicitor can provide insight into the potential outcomes of your case.

The average payout for medical negligence in the UK varies widely depending on the severity of the injury, the impact on the victim's life, and other factors. Compensation can range from thousands to millions of pounds. One ouf our experienced medical negligence solicitors can assess your case and provide an estimate of potential compensation based on similar cases.

Yes, the NHS (National Health Service) and other healthcare providers often settle medical negligence claims out of court. Settlement negotiations can occur at any stage of the legal process, and many cases are resolved without going to trial. Settlements can provide a faster resolution, avoiding the time and expense of litigation.

Evidence for medical negligence can include medical records, expert opinions from healthcare professionals, witness statements, photographic evidence, and any other documentation that supports your claim. 

Medical records detailing the treatment received and any adverse outcomes are particularly crucial in establishing negligence. Expert testimony may also be necessary to demonstrate the standard of care expected in the circumstances and how it was breached.

The duration of a medical negligence claim can vary significantly depending on the complexity of the case, the willingness of the parties to negotiate, and whether the claim goes to trial. Some claims may settle in months, while others could take several years. 

Contact us so we can chat about the specifics of your case, and give you a more detailed estimate. 

It's not advisable to automatically accept the first offer of compensation in a medical negligence claim. Initial offers are often lower than what you may be entitled to, and accepting them could mean undervaluing your claim. It's essential to carefully consider the offer and seek advice from an expert, like a member of the TBI team, to ensure you receive fair compensation for your injuries and losses.

The NHS pays out millions of pounds annually in negligence claims. The exact amount varies from year to year and depends on the number and severity of claims filed against NHS trusts and healthcare providers.

Yes, you can sue the NHS for emotional distress resulting from medical negligence. Emotional distress can be a component of a medical negligence claim, along with physical harm or other losses. It's essential to provide evidence of the emotional distress, such as medical records, witness statements, and expert testimony, to support your claim.

To prove NHS negligence, you must establish that the healthcare provider breached their duty of care, causing you harm. This typically involves gathering evidence, such as medical records, expert opinions, and witness statements, to demonstrate substandard care or medical errors. Consulting with a solicitor experienced in medical negligence cases can help you build a strong case and navigate the legal process.

Medical negligence claims are typically paid by the healthcare provider's indemnity insurance, which covers compensation payouts and legal costs. For NHS healthcare providers, this insurance is often provided by the NHS Resolution. Private healthcare providers also have indemnity arrangements in place to cover negligence claims.

In England, Wales, and Northern Ireland, the general time limit for bringing a medical negligence claim against the NHS is three years from the date of the negligent act or from when you became aware (or should have become aware) of the negligence. However, there are exceptions to this rule, particularly for cases involving minors or individuals lacking mental capacity.

If you believe you've been a victim of NHS negligence, you should contact us. We have experts who specialise in NHS negligence claims. Our team can assess your case, provide legal advice, and guide you through the process of making a claim against the NHS or other healthcare providers.

Yes, you can make a no win, no fee medical negligence claim. Many solicitors offer this arrangement, known as a Conditional Fee Agreement (CFA), which means you won't have to pay legal fees if your claim is unsuccessful. 

If your claim is successful, your solicitor's fees are typically recovered from the compensation awarded. This arrangement makes legal representation more accessible to individuals seeking compensation for medical negligence. Contact us to see how we can help you.

Anyone who has been harmed due to substandard medical care provided by a healthcare professional or organisation can make a clinical negligence claim. This includes patients, their relatives, or legal representatives acting on their behalf.

Yes, you can claim on behalf of a loved one who has been harmed due to medical negligence if they are unable to make the claim themselves. This could be due to factors such as age, mental capacity, or if the individual has passed away, in which case a representative of their estate can pursue the claim.

Medical negligence compensation can cover various losses and expenses incurred as a result of the negligence. This may include medical expenses, rehabilitation costs, loss of earnings, pain and suffering, ongoing care needs, and other financial losses directly related to the negligence.

A patient recall letter is a written notification sent by a hospital or health board to inform patients that they may have received substandard care or treatment. These letters are typically issued when there is a concern about a specific batch of medication, medical device, or a particular healthcare practitioner's practice.

If you receive a recall letter from a hospital or health board, it's essential to follow the instructions provided. This may include attending additional appointments, undergoing further tests or examinations, and following any treatment recommendations outlined in the letter. If you have concerns or questions, you should contact the hospital or healthcare provider for clarification.

Medical negligence lawyers must prove that the healthcare provider breached their duty of care owed to the patient, resulting in harm or injury. This involves demonstrating that the care provided fell below the accepted standard, and this breach directly caused the patient's damages.

Yes, you can make a medical negligence compensation claim if you were treated by a private hospital. Private healthcare providers have the same duty of care to their patients as NHS providers. If you believe you've suffered harm due to substandard care in a private hospital, you may be entitled to pursue a compensation claim.

The clinical negligence claim process typically involves the following steps:

1.    Consultation with a solicitor: Discuss your case with a solicitor experienced in clinical negligence claims.
2.    Investigation: The solicitor will gather evidence to assess the strength of your claim, including medical records, expert opinions, and witness statements.
3.    Letter of claim: If the solicitor believes you have a valid claim, they will send a formal letter of claim to the healthcare provider, outlining your allegations and the compensation sought.
4.    Response: The healthcare provider has a specified time to respond to the letter of claim, either admitting liability or denying it.
5.    Negotiation: If liability is admitted, or after proving liability through litigation, negotiations begin for a settlement.
6.    Settlement or litigation: If a settlement is reached, the case concludes. If not, the claim may proceed to court for litigation, where a judge will decide the outcome.
 

Yes, there is a time limit for making a medical negligence compensation claim. In the UK, the general time limit is three years from the date of the negligent act or from when the patient became aware (or should have become aware) of the negligence. However, there are exceptions to this rule, particularly for cases involving minors or individuals lacking mental capacity.

Tilly Bailey & Irvine can help you with various types of medical negligence claims, including but not limited to misdiagnosis, surgical errors, cosmetic surgery claims, medication mistakes, birth injuries, dental negligence, hospital-acquired infections, and failure to provide appropriate treatment or follow-up care.

We are based in several locations across the North East of England, including offices in Hartlepool, Stockton-on-Tees, Wynyard, and Barnard Castle. Their team of solicitors provides legal services to clients throughout the region and beyond.