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Medical Negligence Claims
Our Resolve. Your Resolution.
Our clinical negligence solicitors will talk those options through with you before you commit to anything.
It is important that you understand your options to pursue a claim, funding available to assist you throughout the claim process, and the timeframe in which your case must be presented to the court. Our dedicated team of medical negligence solicitors can guide you through each of these steps, and more, give you the support you need to move forward. If you have suffered an injury as a result of medical treatment that has fallen below a reasonable standard of care, you may have a claim for compensation arising from that medical negligence.
Contact us today for a free, no obligation consultation and an initial assessment of your claim. Our medical negligence lawyers will give you an honest view of whether a claim is worth pursuing.
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Medical negligence happens when the care you receive falls below the standard a competent professional should have provided, and you are harmed as a result. Both parts matter: poor care on its own is not enough to found a claim if it caused you no injury.
Every healthcare professional owes you a duty of care. That applies to NHS and private treatment alike, and to GPs, hospital doctors, surgeons, nurses, midwives, dentists and others. A claim arises where that duty is breached and the breach causes injury or makes an existing condition worse.
The most common types of medical negligence claim we handle include:
Proving a claim means showing both that the care fell short and that the shortfall caused harm. That second part is often the harder of the two, and it is where independent medical evidence becomes essential. Our medical negligence solicitors will tell you honestly, and early, whether we think a claim can be established.
If you have suffered injury or adverse outcome as a result of treatment which has fallen below a reasonable standard of care, you may be entitled to recover compensation for your injury and losses.
To succeed in a claim for medical negligence, the following elements must be proved:
Firstly, that the treatment you received fell below a reasonable standard of care, for example:
Secondly, that you have suffered an injury as a result of the alleged negligence. This may involve new injuries or worsening of existing conditions.
If you believe the treatment you received fell below a reasonable standard of care, or if you’re unsure where you stand, we invite you to contact our medical negligence team to discuss your potential claim further.
Throughout the claim, assessments are undertaken of the prospects of success in your case, to ensure you are notified of any potential issues surrounding liability and/or a resolution of your case, at the earliest opportunity. Transparency throughout our communication gives you the ability to make informed decisions about the progress of your claim.
The aim of all medical negligence claims is to place the claimant in the position they were in prior to the alleged negligence, insofar as is possible. The only feasible way of achieving this goal is to financially compensate you for your injuries, as well as past and future financial losses including, but not limited to, the future costs associated with treatment that will assist with your recovery.
There is no one size fits all approach when it comes to the financial losses involved in a claim; your own circumstances and losses should be assessed by your representative and included within your claim where appropriate.
At the end of a successful claim, you will have the benefit not only of financial compensation, but also expert advice on suitable steps that can be taken, and treatment options available to you, to provide you with the necessary tools to assist you in continuing the road to recovery.
Every claim is different, and the final figure depends on the extent of your injury, how long its effects are expected to last, and the financial losses you have suffered as a result.
Compensation is made up of two parts:
Because medical negligence covers such a wide range of injuries, there is no single average payout that would be meaningful. The Judicial College Guidelines set out brackets for particular injuries, and the range is very wide. You will find indicative figures on the pages dealing with specific claims, including our amputation claims and spinal injury claims pages.
We will give you a realistic view of what your claim may be worth as soon as the medical evidence allows, and we will keep that assessment under review as the case develops.
To start the claim process, you should contact medical negligence solicitors to have your claim assessed. You will be provided with advice tailored to your individual circumstances, so you can make an informed decision as to how you wish to proceed.
Once you have formally instructed a solicitor, they will begin the pre-action stages of their investigations. This involves gathering evidence in support of liability, causation and your injuries and prognosis.
Once all appropriate evidence has been obtained, attempts will be made to negotiate liability and a settlement figure with the defendant’s representative.
If we cannot reach a settlement out of court, we will consider whether it is necessary to begin court proceedings.
We handle medical negligence cases under a ‘no win, no fee’ arrangement, giving you the chance to seek justice and pursue appropriate compensation without taking on unnecessary financial worry. These agreements, known as Conditional Fee Agreements, are intended to remove much of the uncertainty around costs and make claims more accessible. If your case does not succeed, you will not have to pay our fees. More information about funding can be found in the Frequently Asked Questions later on this page.
Making a claim for medical negligence is not an easy decision; you may be feeling let down and frustrated with medical professionals that have been involved in your treatment and care, and this can make it difficult to engage with other professionals to pursue a claim.
It is important that your representative offers you the reassurance you need at this time that the claim process will be handled efficiently and with transparency in their advice to you.
We understand that you will wish to put this episode behind you as soon as possible and the claim process can be quite daunting. It is important that your representative can take the burden of the claim off your shoulders, allowing you to focus on your recovery from your injuries.
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support throughout.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
The claims we see most often involve a delayed or missed diagnosis, a delay in treatment, surgical error, medication mistakes, and injuries occurring during pregnancy and birth. We also act in claims about a failure to properly explain the risks of a procedure before consent was given.
Yes. Claims against NHS trusts are common and are handled by NHS Resolution rather than by the hospital or practice itself. Bringing a claim will not affect your right to NHS treatment in future, and many people tell us that part of their reason for claiming is to make sure the same thing does not happen to someone else.
The duration of the claim process is dependent on the availability of independent experts, as well as the willingness of defendants to engage in liability and settlement negotiations. Your claim will follow the Civil Procedure Rules for the Resolution of Clinical Disputes. This protocol governs the steps to be taken throughout the clam, by all parties to the claim, with the intention of encouraging a settlement out of court.
Complex claims require thorough investigation and expert input, as well as the procedural steps outlined in the Civil Procedure Rules, meaning that quite often, the claim process can take years to reach a conclusion.
An appropriate milestone to be aware of is the limitation period in which to bring a claim. You have 3 years from the date of alleged negligence, or your date of knowledge, to issue your claim with the court.
If we are satisfied your case has prospects of success in excess of 50%, we can offer a Conditional Fee Agreement to fund your claim. This is more widely referred to as a “no win, no fee” agreement. The agreement itself covers the payment of our costs; in short, these are recovered from the defendant at the end of a successful claim. If your case is lost, or discontinued by us, our costs will be written off, with nothing for you to pay.
If you win your claim, we are entitled to charge you a success fee, and any shortfall in the level of costs we can recover compared with the costs incurred, both of which will be deductible from the compensation you receive in your claim.
Outside of our costs, we will incur disbursements such as expert fees and court fees. These are not covered by the Conditional Fee Agreement so we will assess the requirement for a legal expenses insurance policy to provide appropriate funding for those fees.
Our team of specialists are available to advise you of all funding options within a no obligation, free consultation and how these would apply in your particular circumstances.
At Harrowells, we begin our investigations by obtaining copies of your medical records from the medical facilities involved in your care, along with a witness statement in support of your claim.
These documents will be used by independent medical experts instructed in your claim. You may need a variety of reports:
This particular report focuses on the alleged negligence and will be prepared by an appropriate expert within the same field of expertise as those alleged to have been negligent. The expert will confirm whether the treatment you received fell below a reasonable standard of care, and whether these failures caused and/or contributed to you suffering an injury.
Once we have a supportive report relating to breach of duty and causation, we will proceed to obtain evidence relating to your condition and prognosis. In other words, your injury and recovery period. This evidence may require multiple reports, to comment on the extent of the injuries caused, and includes both physical and psychological injuries
In addition to your medical records, your witness statement, and the expert reports, we will gather evidence in support of your financial losses arising as a result of the alleged negligence, to assist with quantifying your claim.
The Limitation Act 1980 stipulates a 3-year timeframe in which a claim for medical negligence can be brought. This means the case must be issued with the court before the limitation period expires, otherwise your claim may be statute barred. In those circumstances, you would only be able to pursue your claim with the express permission of the court, which is granted in exceptional circumstances only.
There are circumstances which alter this date, for example:
Court proceedings are not required in every case, and all appropriate measures should be taken to try to reach a settlement without the intervention of the court.
In some cases, it is not possible to negotiate a settlement. For example, where liability is disputed or the amount of compensation cannot be agreed out of court. Beginning court proceedings will put your claim onto a court timetable, reaching court as the final milestone.
It is possible to bring a claim for clinical negligence on behalf of another person, if that person is a minor, lacks capacity or has sadly passed away. It is important to seek advice tailored to the individual circumstances to ensure you are the most appropriate person to handle the claim.
At the end of the claim, the defendant has 14 days from the date of settlement or court judgment to raise payment of your compensation.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
