Speak to our experienced clinical negligence solicitors today for clear, supportive advice on your potential claim. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your free initial consultation and find out if you can make a No Win No Fee claim.
Clinical negligence is one way that a medical professional may fail in their duty of care by not providing an acceptable standard of care towards their patients. This can lead to injury or harm to the patient which in turn could severely impact their life.
If you believe that you have experienced clinical negligence, then our specialist clinical negligence solicitors can help you seek the compensation to which you are entitled. We do this by building a strong case that outlines the circumstances of the alleged negligence and demonstrates why your healthcare provider is responsible.
Our specialist clinical negligence solicitors offer initial consultations in person at one of our offices or via video software such as Zoom and Microsoft Team so can assist you wherever you are based.
With our specialist assistance, you can seek compensation in a simple, stress-free way and benefit from the support of experienced clinical negligence solicitors every step of the way.
Specialist Clinical Negligence Solicitors
Our experienced clinical negligence solicitors undertake an initial assessment of the circumstances, with a view to ensuring that cases are managed in a timely fashion with a particular emphasis placed on the importance of getting the correct treatment and rehabilitation for the client from the outset.
You can bring a claim against General Practitioners (GP), NHS Hospitals (Trust), Ambulance Services, Dental Surgeries, Private Hospitals, and Clinics if you have suffered substandard treatment and care.
Our priority is first to carefully listen to you, the client, as clinical negligence can be complex and daunting. Our team is equipped to act in a sensitive manner to gain trust and put you at ease. We are happy to undertake the initial meetings in person at one of our offices, or remotely through video calls.
If you are considering bringing a medical negligence claim, please get in touch today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
What is Clinical Negligence?
Clinical negligence, often referred to as medical negligence or medical malpractice, occurs when a healthcare professional fails to provide the standard of care that is expected in their field, resulting in harm or injury to a patient. This negligence can manifest in various forms, including errors in diagnosis, treatment, aftercare, or health management.
To be considered clinical negligence, it must be proven that the care provided was below the standards reasonably expected of a competent healthcare professional in that specific field, and directly caused harm or additional suffering to the patient.
This area of law is particularly complex because it involves both legal expertise and deep medical understanding. Patients rely on healthcare professionals for their expertise and care, and a breach of this professional duty can lead to severe physical, emotional, and financial consequences.
Therefore, establishing that negligence has occurred is a big step in pursuing a clinical negligence claim. This typically requires assessment and testimony by medical experts, along with legal scrutiny, to determine if the healthcare provider indeed failed in their duty of care to the patient.
What is a Clinical Negligence claim?
A clinical negligence claim is a legal process that gives patients the power to seek compensation from a healthcare provider who they believe has failed to provide the requisite standard of care, resulting in harm or injury.
This type of claim is based on the premise that the medical professional’s breach of duty directly caused the patient’s suffering or deterioration in health. The objectives of a clinical negligence claim are twofold:
- Compensation: To secure financial remuneration for the victim, which covers various costs and losses such as medical expenses, loss of earnings, pain and suffering, and future care needs. Compensation is aimed at both addressing the financial burden and also at acknowledging the emotional and physical suffering caused by the negligence.
- Accountability and prevention: These claims also serve to hold healthcare providers accountable for their actions, potentially leading to improvements in medical practice and preventing future incidents of negligence.
What is the process of making a Clinical Negligence claim?
The process of making a clinical negligence claim can be intricate and time-consuming, requiring careful preparation and expert handling. With the help of our team at Elite Law Solicitors, every part of this process is made simple and stress-free. We have extensive experience in handling these claims, which allows us to effectively build and manage your case. Below is a general overview of the claims process for clinical negligence cases:
Initial consultation
The first step involves consulting with one of our team at Elite Law Solicitors who can provide legal advice and assess the potential of the claim. During this consultation, they will review the circumstances of the case, including the medical treatment received and the harm suffered.
Medical records review
To get a better idea of what happened from the medical professional’s standpoint, we will request access to the complete medical records of the claimant. This will help establish a detailed understanding of the treatment provided and identify any possible failings in care.
Expert medical opinion
Securing an expert medical opinion is often key to success in these types of claims. In many cases, we will engage with medical experts who specialise in the area relevant to the claim to review the case and determine whether the treatment provided fell below acceptable medical standards and directly caused the patient’s injuries.
Letter of Claim
Once there is enough evidence to support the claim, we will draft a letter of claim to be sent to the healthcare provider responsible. This letter outlines the allegations of negligence, the facts of the case, and the resulting harm. The healthcare provider, now the defendant, is given a fixed period (usually four months) to investigate the claim and respond. Their response can either acknowledge liability and offer a settlement or deny the claim.
Negotiations
If the defendant acknowledges liability, or if there is a strong case, negotiations for compensation will commence. The aim is to reach a settlement that covers all the claimant’s damages without going to trial. Ideally, they will offer a settlement that is adequate as this ensures you receive compensation quickly by avoiding potentially lengthy court battles.
Issuing clinical negligence proceedings
If negotiations do not result in a satisfactory settlement or if the claim is denied, we may proceed to issue formal court proceedings. During this phase, the case is prepared for a trial, although a settlement can still be reached before the trial date.
If a settlement is not achieved and the case goes to trial, both sides will present their evidence, and a judge will make a final decision on liability and damages. The process concludes either when a settlement is agreed upon during negotiations or when the court makes a judgment.
What do Clinical Negligence Solicitors have to prove in a claim?
To succeed in a clinical negligence claim, solicitors must establish several key elements that collectively support the case for compensation due to substandard medical care. Due to this, it is highly recommended that you work with knowledgeable and experienced clinical negligence solicitors. Our expertise in this area of law greatly enhances your chances of a successful outcome. We tend to look at your claim through the following elements:
Duty of care
One of the first things we will do is determine if we can show that a duty of care exists between the healthcare provider and the patient. This is generally established by the fact that the healthcare professional was providing treatment or advice to the patient, thus creating a legal obligation to act with reasonable care and skill.
Breach of duty
Once duty of care is established, we will look to demonstrate that there was a breach of this duty. This involves showing that the care provided fell below the standard expected of a competent professional in that field. Evidence for this typically comes from medical expert testimonies, who compare the actions of the defendant against accepted medical practices.
Causation
It is not enough to prove that the healthcare provider failed in their duty; we must also link this failure directly to the harm suffered by the patient. This step – known as proving causation – involves demonstrating that the patient’s injury or worsening condition was a direct result of the negligence, rather than a result of the patient’s underlying condition or some other cause. This often requires complex medical evidence and expert analysis.
Damages
Finally, we will aim to prove that the patient incurred specific damages as a result of the negligence. These damages can be physical, emotional, or financial. The claimant must provide evidence of the injuries suffered, additional medical treatments required, loss of earnings, pain and suffering, and any other losses directly attributable to the negligence.
Each of these elements must be supported by compelling evidence and expert testimony to construct a robust case. Our work at Elite Law Solicitors incorporates gathering and presenting this evidence, managing the legal complexities, and navigating the challenges that such cases inherently present. Our expertise is key in proving these elements and also in achieving the best possible outcome for the claimant.
How long do Clinical Negligence claims take?
The duration of clinical negligence claims can vary significantly depending on the complexity of the case, the extent of injuries, and the response from the defendant healthcare providers. Simple cases might be resolved within 18 to 24 months, but more complex situations can take several years, especially if they go to trial.
At Elite Law Solicitors, we strive to resolve claims as swiftly as possible, but thorough investigation and negotiation can prolong the process. Rest assured that we understand this legal landscape very well and know the most effective path forward to resolve your case quickly and competently.
Can I sue the NHS for Clinical Negligence?
Yes, you can sue the NHS for clinical negligence. The NHS handles numerous claims each year for a variety of incidents, including surgical errors, misdiagnoses, and treatment delays. If you believe you have suffered harm due to negligence by NHS staff, you can pursue a compensation claim. At Elite Law Solicitors, we have helped clients successfully make claims against the NHS for clinical negligence, so you can trust our track record.
Can I claim for Clinical Negligence if I was treated by a private hospital?
Yes, if you were treated in a private hospital and suffered harm due to clinical negligence, you are entitled to make a claim. Private healthcare providers, like their NHS counterparts, are responsible for providing a standard of care to their patients. If this standard is not met, resulting in injury or harm, you can pursue a compensation claim. Our team at Elite Law Solicitors will help you gather the necessary evidence and represent your interests throughout the claim process.
Is there a time limit for making a claim?
There is a time limit for making clinical negligence claims, typically three years from the date the incident occurred or from the date you became aware that your injury was related to clinical negligence. There are exceptions, however, especially for children (who have until their 21st birthday) and for individuals who are unable to manage their legal affairs due to mental incapacity.
Due to the nuanced nature of these time limits, it is important to speak with our team at Elite Law Solicitors about your claim as soon as possible. That way, you will have the best chance of claiming without going beyond the time limit.
Can I make a claim on behalf of a family member?
Yes, you can make a clinical negligence claim on behalf of a family member if they are unable to do so themselves. This is common in cases where the affected family member is a child, lacks mental capacity, or has passed away due to the alleged negligence. Here are the scenarios where you might need to act on behalf of someone else:
Clinical negligence claims for children
If the person who suffered from clinical negligence is under the age of 18, a parent or legal guardian must claim on their behalf. This individual is known as a ‘litigation friend’ and represents the child’s interests throughout the legal process. When the child turns 18, they have until their 21st birthday to pursue a claim themselves if one has not already been made.
Clinical negligence claims for adults lacking capacity
If an adult lacks the mental capacity to manage their legal affairs due to illness, injury, or long-term incapacity, another person (usually a family member or legally appointed guardian) can act as a litigation friend and claim on their behalf. The Mental Capacity Act 2005 provides guidelines on who is considered unable to handle their legal matters and how to appoint a litigation friend.
Clinical negligence claims after death
If the clinical negligence results in death, the deceased’s next of kin or the executor of their estate can make a claim. This claim can seek compensation for the pain and suffering of the deceased before death and for the financial losses suffered by the family due to the death.
Acting on behalf of a family member in a clinical negligence claim is a significant responsibility but can be essential in seeking justice and compensation for those who cannot do so themselves. With our help at Elite Law Solicitors, you can act on behalf of a family member to seek compensation for clinical negligence.
Do I need to instruct Clinical Negligence Solicitors?
While it is not legally required to hire a solicitor to pursue a clinical negligence claim, the complexity of these cases generally makes it advisable. Clinical negligence claims involve intricate legal and medical issues that require professional expertise to handle effectively. Here are several reasons why instructing clinical negligence solicitors, such as our team at Elite Law Solicitors, can be beneficial:
Expertise in medical negligence
Our clinical negligence solicitors at Elite Law Solicitors have specialised knowledge in the field of medical negligence. They understand the nuances of medical negligence and are experienced in interpreting medical documents and terminology. This expertise is essential in building a strong case against healthcare providers and in navigating the complexities of the legal system.
Access to medical experts
Solicitors have networks of medical experts who they can consult to provide a credible and independent assessment of the care you received. These experts help in establishing whether the standard of care was breached and the extent to which this breach caused your injuries.
Handling legal procedures
There are numerous procedural requirements in clinical negligence claims, from filing the necessary documents to meeting strict deadlines. Our solicitors are well-versed in managing these requirements, ensuring that your claim is processed efficiently and correctly, thus avoiding any procedural errors that could jeopardise your case.
Negotiation skills for clinical negligence claims
Many clinical negligence claims are settled out of court, and our solicitors are skilled negotiators who can deal effectively with healthcare providers and their insurers. They can help secure the maximum possible compensation through settlement negotiations, saving you the time and stress of going to court.
Emotional support
Pursuing a clinical negligence claim can be emotionally taxing, especially when you or a loved one is dealing with the effects of substandard medical care. Having our team in your corner can provide emotional support and reassurance throughout the challenging process.
Given these factors, while you may represent yourself in a clinical negligence claim, the benefits of having specialised legal representation from Elite Law Solicitors can be extremely beneficial. With our expertise, your chances of success greatly increase, and we will help manage the burden of the legal process, allowing you to focus on recovery and rehabilitation.
How much does it cost to instruct Clinical Negligence Solicitors?
The cost of instructing clinical negligence solicitors can vary widely. At Elite Law Solicitors, we offer a “No Win, No Fee” arrangement, which means you only pay if your claim is successful.
Typically, clinical negligence solicitors charge a success fee, which is a percentage of the compensation received. Other cost considerations include court fees, expert witness fees, and miscellaneous expenses like travel and document preparation.
How much compensation can I get for a Clinical Negligence claim?
Compensation amounts in clinical negligence claims depend on several factors, including the severity of the harm suffered, the impact on quality of life, loss of earnings, and future care needs.
Compensation can range from small amounts for minor injuries to substantial settlements in cases of severe injuries or permanent disability. Each case is unique, so it is important to discuss potential compensation amounts with one of our solicitors based on the specifics of your case.
What types of Clinical Negligence claims do Elite Law Solicitors specialise in?
Our team of legal professionals at Elite Law Solicitors specialise in a range of clinical negligence claims, including (but not limited to):
- Birth Injuries
- Brain Injuries
- Cerebral Palsy Claims
- Eye Injuries
- Misdiagnosis or Delayed Diagnosis
- Nursing Home Neglect
- Prescription and Medication Errors
- Sepsis Claims
- Surgical Errors
- Wrongful Birth
We bring extensive legal and medical expertise into every case we are involved with, so you can rest assured that we will be able to provide competent, tailored legal advice and guidance for your claim.
Do Elite Law Solicitors act on a No Win No Fee basis?
Many clinical negligence solicitors, including those at Elite Law Solicitors, often offer No Win, No Fee agreements. This means that clients do not have to pay upfront legal fees and only pay a success fee if the claim is successful. This arrangement makes legal representation accessible to those who might not otherwise afford it and provides a risk-free way to pursue a claim.
Where are your Clinical Negligence Solicitors based?
Our specialist clinical negligence solicitors are happy to undertake the initial meetings in person at one of our offices, or remotely through video calls.
In addition, and to make sure we can help as many people as possible, our team at Elite Law Solicitors has offices in multiple locations across the UK. Our offices are based in:
- Amersham
- Bath
- Bedford
- Brighton
- Guildford
- Hitchin
- Leighton Buzzard
- London
- Milton Keynes
- Southampton
- Surbiton
- Winchester
We cover the surrounding areas of these locations, so if you are unsure if we can help you based on your location just get in touch. We will be more than happy to discuss our services with you and let you know if we can help.
If you are not local to any of our offices, we are happy to undertake the initial meetings remotely through video calls.
How our Clinical Negligence Solicitors can help
Our experienced and knowledgeable clinical negligence solicitors can provide professional guidance and support throughout the claims process. Our services are designed to make the process simple, stress-free and effective. That way, you can fight for the compensation you are entitled to without sacrificing your own time.
Our clinical negligence solicitors will help you establish the validity of your case; help build your claim and carry it to successful completion. Our expertise and experience can significantly increase the chances of a favourable outcome in your claim.
To find out more or to get started with your clinical negligence claim, please contact our team at Elite Law Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
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