Medical Negligence Solicitors

Our medical negligence solicitors can help you make a No Win No Fee claim, giving you the best chance of securing compensation for substandard treatment.

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What is medical negligence?

Medical negligence – also known as clinical negligence or medical malpractice – refers to substandard medical care which has directly led to an injury or worsened an existing condition.

If this has happened to you or a loved one, you could have grounds to make a No Win No Fee medical negligence claim.

Whether the treatment you received took place within the NHS or privately, we’re here to support you if you decide to take legal action.

Who will my medical negligence claim be made against?

This will largely depend on where you received your treatment. Part of your solicitor’s role is to identify who is responsible for the negligence you suffered. So you don’t need to worry if you’re not completely sure.

Your solicitor will reach out to the NHS trust, hospital or insurer (in the case of private healthcare) on your behalf with the details of your claim.

If your claim is brought against an NHS trust, the money won’t be directly taken from NHS services.

Instead, compensation will be paid through NHS Resolution, which has funds allocated for exactly this reason.

How to claim for medical negligence

Making a claim can seem daunting, so we’ve broken down the process into stages:

1. Gathering information
Try to keep a record of how you’ve been affected by medical negligence. Make sure to include the dates, times and names of anyone involved. If there are any supporting or relevant documents, collect them and keep them together.

2. Contacting a solicitor
Contacting a medical negligence solicitor early will help you work out where you stand. They’ll review the information you’ve gathered and work to secure the best possible outcome for you.

3. Building your case
After your initial consultation, your solicitor will start to build your case. This will usually be with the help of an independent medical expert who will determine whether the care you received was substandard.

4. Sending a letter of claim
Your solicitor will contact the organisation responsible for the negligence you suffered (the defendant). They will set out what happened, why the defendant is believed to be at fault and how much you should be paid in compensation.

5. Reaching a settlement
If the defendant accepts responsibility for your injuries, your solicitor will negotiate a final settlement. But if responsibility is denied, negotiations will continue. If communications break down, your case may go to court – but this is very unlikely.

Each case of medical negligence is unique, so these stages should be taken as a guideline.

Your solicitor will be able to give you a more detailed idea of what the claims process will involve.

How will I fund my medical negligence claim?

The potential cost of taking legal action doesn’t have to be a concern.

Solicitors in England and Wales typically offer a No Win No Fee arrangement for medical negligence claims. This means there will be nothing to pay upfront and no costs to cover if your claim is unsuccessful.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accidents.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

Encouraging people to get the justice they’re entitled to, Jacqueline Busby, Head of Legal Services at First4Lawyers, said:

“As a qualified solicitor, I’ve seen the immense impact that medical errors can have on individuals and their families.

“Claiming compensation for medical negligence could be a great help in your recovery. It can cover the cost of any further treatment, medications and any care you might need.

“But making a medical negligence claim isn’t just about seeking compensation. It’s also about holding healthcare providers accountable for their actions and trying to ensure that similar mistakes are not repeated.

“We know the prospect of making a claim can feel daunting, especially at such an emotionally difficult time. But we’re here to help you take the first step towards compensation and support.”

How long do I have to make a medical negligence claim?

Medical negligence claims typically need to be made within three years.

This could be three years from the date the negligence took place, or from when you first became aware of it (usually through a later diagnosis.)

There are some exceptions to the time limits, though. We’ve explained this in more detail in our medical negligence time limits guide.

Whatever your situation is, we would always suggest speaking to a legal professional as early as you can.

How much compensation for medical negligence will I receive?

Each experience of medical negligence is different. This means that any compensation you’re awarded will depend on your specific situation and the extent of your injuries.

But if your claim is successful, your compensation will be split into two categories: general damages and special damages.

General damages are designed to compensate you for the pain and suffering you’ve endured because of a medical professional’s negligence.

Special damages cover any financial losses you’ve suffered due to medical negligence. This will include any loss of earnings if you’ve been unable to work, as well as any money you’ve had to spend as part of your recovery – for example, paying for further treatment or care.

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  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

Simply fill in our form below and we’ll call you back at a time to suit you.

Or talk to our team on:
0808 271 6198

There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

How long does a medical negligence claim take?

There are a number of steps in the medical negligence claims process, most of which have deadlines for responses:

  1. Your solicitor will request your medical records. The healthcare provider will then have 40 days to provide this information.
  2. Your solicitor will review your records with the help of an independent medical specialist. This will usually take around four months but could take longer if your case is more complex.
  3. Your solicitor will then send a Letter of Claim to the organisation responsible for your injury or condition. They’ll have four months to respond but they could request more time.
  4. Next, the organisation responsible for your injuries will either accept or deny your claim. If they accept it, your solicitor will begin negotiating a settlement, which could take several months. If they deny responsibility, your solicitor may issue court proceedings.
  5. It’s very rare that medical negligence cases do end up in court. But if yours does, the proceedings will likely take between three to five days, depending on the complexity of your claim.

Remember that every case of medical negligence is unique, which means it can be difficult to say exactly how long it will take to settle your claim.

Will my medical negligence claim go to court?

As we’ve mentioned, it’s rare for medical negligence cases to go to court.

In the year up to April 2024, 81% of claims made against the NHS were successfully settled without court proceedings. So you shouldn’t let the fear of having to appear in a courtroom deter you from making a medical negligence claim.

Your solicitor will continue to negotiate with the other side even after proceedings are issued. So it’s possible that your case could still be settled outside of court.

How can First4Lawyers help?

Making a medical negligence claim won’t undo what happened to you. But it could help to provide you with a sense of justice.

We work with expert No Win No Fee medical negligence solicitors, and we can find the best match for you based on your individual needs.

Suffering any form of medical negligence can cause immense stress. Our aim is to remove some of the burden, so you can focus on spending time with your loved ones and getting better.

We’ve already helped thousands of people who have been affected by medical negligence. One of these clients was Justin, who received £15,000 in compensation after his broken wrist was misdiagnosed.

To find out how we could help you, get in touch.

All you have to do is give us a call, request a callback or start your claim online.

We’re here to help you get justice for what you’ve been through, whenever you’re ready.

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