Other Medical Negligence Claims
Medical negligence can take many forms but if you've suffered an injury or illness caused by healthcare professionals, the one constant is that you're entitled to justice.
Other medical negligence claims
Medical negligence can take many forms – from surgical errors to a failure to properly monitor a patient’s condition.
If you’ve been hurt or had a health condition made worse by an experience of medical negligence, you could be entitled to claim compensation for what you’ve been through.
How long do I have to make a claim?
In most cases of medical negligence, you’ll have three years to make a claim for compensation. But there are certain exceptions to this rule.
For example, if you’re claiming on behalf of someone who lacks the mental capacity to claim for themselves, you won’t face a deadline. Meanwhile, children can make a claim at any point until their 21st birthday.
If you only learnt that your injury or illness was caused by medical negligence after this three-year deadline, it could still be possible to make a claim. This is because you are able to make a claim up to three years after the date you found out what caused your injury – this is known as the date of knowledge.
How much compensation will I receive?
Every instance of medical negligence is different. That makes it difficult to say exactly what you might be entitled to without a chat about your situation.
For a rough idea of what you might receive for certain injuries, though, you can try our simple compensation calculator.
Any compensation you’re awarded will cover various things, including:
- Expenses you’ve had to pay for, including medical treatment or recovery aids
- Lifestyle changes, such as having to give up a hobby
- Loss of earnings if you’ve been unable to work
- Loss of future earnings, if you can no longer work
- Pain and suffering you’ve experienced
How can I fund my claim?
In England and Wales, you’ll usually be able to make a medical negligence claim on a No Win No Fee basis.
As the name suggests, No Win No Fee means that you don’t have to pay any legal fees if your claim is not successful. This means there is no financial risk to you in pursuing justice for what happened.
There is also nothing to pay upfront, as your solicitor will take a percentage of your final compensation, which is decided at the conclusion of your case.
A No Win No Fee claim takes the pressure off and allows you to focus on your recovery, instead of funding your legal action.
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 accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
How can First4Lawyers help me?
First4Lawyers has a huge amount of experience in medical negligence claims. We have helped thousands of people get the compensation they were entitled to after suffering an injury that wasn’t their fault – people like Justin, who was awarded £15,000 for a misdiagnosed broken wrist.
We work with top medical negligence solicitors, who share our dedication to helping people who have been let down by the professionals who should have healed them.
If you’ve been hurt by someone you should have been able to trust, get in touch to find out how we can help you take action to put things right. Our friendly and compassionate advisors will talk you through your case and set your options out for you – for free and with no obligation to go ahead.
Just give us a call, request a call back at a convenient time or start your claim online and we’ll take it from there.
Medical Negligence FAQs
Can I get an early payout?
It may be possible for you to receive an early compensation payout, known as an interim payment.
When this happens, you will receive part of your compensation before your medical negligence claim is fully settled. You can use these funds to ensure you receive the care you need to help aid your recovery.
Your solicitor will be able to talk you through interim payments and arrange one for you if necessary.
Will I need a medical exam?
In most cases of clinical negligence, you will need a medical exam. Your lawyer will let you know whether this is necessary in your case.
Your solicitor will arrange for you to be assessed by a medical expert. They will assess how severe your injury or illness is and what impact it has on your daily life – both now and in the future.
The assessment will form part of your evidence. It may also be necessary to access your medical history to form part of the evidence in your claim. This will show how your health has been affected by your experience of clinical negligence.
Can I claim on behalf of someone else?
Yes, it is possible for you to claim on behalf of someone else.
In most cases, this will be on behalf of a child or someone who lacks the ability to claim for themselves.
You could face different time limits for making a claim on behalf of someone else, so give us a call to find out more.
Can I make a claim after three years?
Most people who have experienced medical negligence will have three years to begin a claim. This means that you should start your claim as soon as possible.
Starting a claim after the three-year deadline has passed is typically not possible. But there are exceptions.
For example, if you only discovered after the deadline has passed that your injury was caused by medical negligence, you would have three years from the date you found out to make a claim. This is known as the date of knowledge.
If you’re not sure whether you could still make a claim, just get in touch and our friendly advisors will talk you through your options.
Should I complain to the hospital or NHS trust?
After an experience of medical negligence, you can complain to the organisation responsible. It isn’t the same as making a claim, but it can highlight the problem to the hospital or trust and allow them to address it.
To write a letter of complaint, make sure you have a record of the details of your experience. Inform the healthcare provider what you are complaining about, the facts around what happened and copies of any evidence.
Your complaint can also form part of your evidence.
How does No Win No Fee work?
In England and Wales, you could make a No Win No Fee medical negligence claim. This means that you won’t have to pay any fees upfront, letting you focus on your recovery rather than funding legal action.
You will also have nothing to pay if your claim is not successful, so you don’t face any financial risk by pursuing a claim.
If you are awarded compensation, you will pay your lawyers a success fee. This will typically be 25% of your total compensation amount, but it will never be more. Please note this excludes claims for road traffic accidents, where customers typically pay 35% + VAT due to changes introduced through the Civil Liability Act 2018. Your solicitor will make sure you are informed of all the details surrounding fees at the beginning of the process, so there won’t be any surprises.
Will my treatment be affected if I make a claim?
Making a claim does not affect your right to medical treatment. You are entitled to proper care.
If you suspect that you are not receiving the appropriate level of care, we can advise you on your rights. You may prefer to be treated at a different hospital or by a different doctor. We can help you get the right treatment for you.
Can you help me get the treatment I need?
When you make a medical negligence claim, you may require further treatment to get you back to the position you were in before your experience of negligence happened.
Your solicitor could help you by arranging certain treatments for you. This could include physiotherapy, dental work or other forms of healthcare to help you recover.
To find out more, just get in touch.
