Medical Negligence Claims
Medical negligence (sometimes referred to as clinical negligence), can result in life-changing injuries, both physical and mental.
Medical negligence refers to a personal injury suffered because of the negligent acts or omissions by healthcare professionals.
We know that each medical negligence claim will be different and our professional and sympathetic team will ensure you get the advice, help and compensation that you deserve.
If you or a member of your family have suffered because of poor advice or medical treatment and you’re not sure who to speak to, contact us today. It’s likely we’ve handled a case like yours, which means we can provide an assessment of your potential medical negligence claim, timescale and compensation.
We are accredited by the Action Against Medical Accidents (AvMA). Our specialist team of medical negligence lawyers have dealt with thousands of cases of injuries sustained as result of poor care from a GP, hospital or clinical professional.
We are not a faceless claims management company; we are real lawyers with an enviable track record of successfully winning clients significant compensation awards. Our medical negligence team is led by John Hall, who is also our Managing Partner. As well as having years of experience running medical negligence claims, John is a panel member of AvMA, and a Senior Litigator with the Association of Personal Injury Lawyers
John and his team understand that clinical negligence claims can be exceptionally traumatic and stressful for you and your family. As experts in this field we can provide sympathetic and professional advice and keep you fully informed at every stage of the process.
Can I make a no win, no fee medical negligence claim?
Our medical negligence team understands the financial pressure many of our clients are under. Therefore, we offer no win, no fee arrangements (also known as Conditional Fee Arrangements or CFAs).
Under a no win, no fee arrangements, we will assess your claim and if we judge it has a strong chance of success, we will agree to represent you. This approach gives our clients the assurance that we will not put them through the claims process, which can be time-consuming and challenging, unless they have a robust chance of winning compensation.
You will need to pay any expenses occurred in bringing your compensation claim (known as disbursements) and these may be charged regardless of whether your claim is successful or not. However, we are able to offer an ATE policy of insurance which will indemnify you in relation to those disbursements.
How long do I have to make a clinical negligence claim?
Under the Limitations Act 1980, you have three years from the date the injury occurred or the date you were deemed to have knowledge of the negligence to make a clinical negligence claim. If you try to claim for compensation after this time, the court may refuse to allow the case to proceed.
Although judges have discretionary powers to allow claims that are ‘time-barred’, this only happens in exceptional circumstances.
It is therefore imperative that you contact our team about claiming for medical negligence as soon as possible. Even if you are unsure if your personal injury was caused by clinical negligence, discuss your situation with us. Our solicitors are highly-experienced and can tell you very quickly whether a potential compensation claim for medical negligence exists.
What kinds of medical negligence claims does Tilly Bailey & Irvine handle?
We have been practicing in medical negligence for many years and have experience in handling almost every type of case. We can advise and represent you in the following areas:
- hospital negligence claims
- surgical negligence claims
- birth injury claims (both mother and child)
- cerebral palsy claims
- wrongful or missed diagnosis claims
- GP negligence claims
- cosmetic surgery negligence claims
- dental negligence claims
Whatever type of clinical negligence claim you have, we will treat you with the utmost sensitivity, respect and provide consistent, high-quality service throughout the claims process.
What happens when I claim for medical negligence?
When you come and see us, we will begin by evaluating whether the circumstances of the medical negligence you have suffered means you have a chance of successfully claiming compensation.
After we have established a case for negligence, your solicitor will inform the NHS Trust or authority responsible for the hospital, private clinic or GP surgery where the clinical negligence occurred that you are making a claim for compensation.
The relevant authority will have 90 days to conduct its own investigation into the matter, and either admit that negligence occurred or challenge the claim. If the claim is challenged, we will issue court proceedings as soon as possible.
We give our clients the confidence to keep fighting for justice because we support them throughout the entire process. We also have an in-depth understanding of the litigation procedure and can engage highly-qualified, experienced counsel to advocate for you in court.
Will I have to go to court?
Our clinical negligence team is highly experienced; therefore, most of our cases are settled to our clients’ satisfaction well before they reach court. Court proceedings can be stressful and take a great deal of time. In the first instance, we try and settle cases via negotiation, mediation or Part 36 offers. We approach medical negligence cases strategically, ensuring we have a clear plan of action to obtain compensation for you as soon as possible. It is important to note however, that depending on the complexity of your case, medical negligence claims can take a long time to resolve. Throughout the process, you can be confident that our expert team will be supporting, advising and representing you calmly and professionally every step of the way.
To find out more about how we can advise you on a medical negligence claim, please call us on 0333 444 4422 to talk to one of our solicitors.