How to Choose Your Medical Negligence Solicitor

Many people are unfamiliar with the requirements for a medical negligence claim until they experience such an event. Such claims occur when a doctor or other medical professional, through either an omission or a negligent action, causes notable harm or injury to a specific patient.  Misdiagnosis, errors in treatment, poor health management or aftercare may all account for the negligence. Once you take on the legal services of Hampson Hughes Solicitors, we will evaluate your possible medical negligence claim to ascertain and identify two critical points that can help you to make a successful claim;

– Fault: If the treatment you received fell below the expected standards of a medical professional, our medical negligence solicitor will be able to establish a “breach of duty of care”

– Avoidable Damage: If the medical care that was provided to you caused injuries or harm that were avoidable in the absence of the omission or negligence, this would be considered “causation”

Although all patients in the UK have a right to make medical negligence claim for compensation, the three criteria outlined below must be satisfied:

• Generally, the medical negligence must have happened in the last 3 years, but there can be exceptions to this rule, for instance minors can bring their claims up until 3 years after reaching the age of 18 or the 3 years can run from the date of death if the claim is brought by the executor of the estate of the deceased person.
• The injury or illness must have directly resulted from the negligence of a medical professional, since we claim on the insurance cover operated by the defendant.
• You must have suffered a recognisable injury or illness, or have an already existing injury or illness that was exasperated after the medical negligence.

When you consider bringing a medical negligence claim in England or Wales, you will be required to identify the specific act (or omission) of negligence by a particular medical practitioner like a surgeon, therapist or GP with the vast majority of medical negligence claims in the UK being directed toward an NHS Trust.

The NHS Resolution (NHS R) investigates the claim on behalf of NHS Trust before instructing solicitors to act for and defend the Trust. Despite this only a fraction of the claims made against the NHS end up in court and more often than not they are concluded out of court. Also, private insurance firms usually insure private medical practitioners and any medical negligence claim against them is normally handled by the insurance firm.

GPs and Dentists providing NHS treatment will have individual insurance. Only when working at a hospital or walk-in that is governed by an NHS Trust would the claim be made directly against the NHS, but we can advise you on who exactly the claim should be made against.

Here at Hampson Hughes, we have at our disposal a specialised team of medical negligence solicitors to guide through the entire process of making your claim. We have a wealth of expertise and experience to enable us to support and advise you on the ideal course of action to explore for a claim.

As mentioned above, a general limit of 3 years applies to medical negligence claims from the date of negligence or death depending on the circumstances, but the following exceptions to the rule may apply:

• In some claims, you can make a claim up to 3 years after first becoming aware of the medical negligence
• If the medical negligence happens to a person who is aged below 18 years, the expiry date is extended to 3 years after they turn 18 – ie. up until their 21^st birthday. There is also the potential for a trusted adult to pursue the claim on behalf of a child before they turn 18. This is also true in the case of those who do not currently have mental capacity to pursue a claim.
• in some claims, the 3 years will run from date of death

Here at Hampson Hughes, one of our medical negligence solicitors will explore the crucial details of your claim and provide you with advice on the time limits. We recommend that you contact one of our trusted medical negligence lawyers soon, especially if you believe that it might be close to the 3-year time limit.

– Surgical Negligence: If there has been an error during a surgical procedure that has caused additional discomfort, pain, injury or severe and/or long-lasting health issues, you may have cause to pursue a medical negligence compensation claim. Our specialised medical negligence legal experts will provide you with all of the necessary legal guidance, advice and support.

– Spinal Cord Injury: A spinal cord injury refers to serious damage to the backbone that causes some changes in the primary function of your spinal cord. The damage can be permanent or temporary, while the changes can result in the loss of sensation and/or muscle functions in various parts of the body impacted by the backbone. Such an injury can happen during a surgical operation performed close to your spinal cord.

– Orthopaedic Injury: Orthopaedic injuries are serious and affect nerves, bones, tendons, muscles, ligaments, and joints. You can bring an orthopaedic injury claim for compensation if you can show that a negligent surgical procedure has caused permanent harm or worsened an existing medical condition.

– Medical Misdiagnosis: A medical misdiagnosis can complicate an existing injury or even cause severe harm. Our solicitors can assist in making a medical misdiagnosis claim for compensation. Medical misdiagnosis can occur at different points of diagnosis, including with surgeons and GPs. A variety of misdiagnosis cases can happen including misdiagnosis of fractures, misdiagnosis of cancer, misdiagnosis of diabetes, and more.

– Fatal Injury: If your loved one dies due to lack of proper medical care after an accident or illness, you or another close member of your family can look at making a fatal injury claim, in order to secure acknowledgement and compensation against the responsible healthcare specialist or medical institution.  Fatal injury claims apply to various settings including NHS medical centres, nursing homes or any other medical care settings. Here at Hampson Hughes, we can offer the support of professional and dedicated medical negligence solicitors to provide sensitive and expert legal guidance to families.

– Cancer Diagnosis Delay, Misdiagnosis or Compensation: Cancer can be more damaging when a medical specialist misdiagnosis the condition. If you are convinced that you or a loved one have suffered under such situations, our solicitors can help you make a cancer delay or misdiagnosis claim for possible compensation.

– Brain Injury Claims:  Medical negligence sometimes result in brain injuries with detrimental outcomes. Compensation helps to finance various factors such as long-term care, rehabilitation, and medical services. Brain injury compensation applies whether you were treated by either a private practitioner or the NHS.

– Obstetrics & Gynaecology / Birth Injury Claims: Here at Hampson Hughes, we have a team of expert medical negligence solicitors who can help individuals and families to explore claims related to injuries or disorders resulting from medical negligence during delivery, including a range of maternal injuries.

More details on different claims types and the process involved is available on our main Medical Negligence claims page.

The thought of potential legal costs may deter many people from instructing a competent medical negligence solicitor to assist them in the process of making a claim. One of the most advantageous claim models for many clients is a CFA, or a Conditional Fee Agreement, also known as a “No Win, No Fee Claim”

Hampson Hughes Solicitors has been offering this funding option to clients in many claims, in order to safeguard the financial interests of our clients. We will assist you to explore your funding options and recommend an arrangement that best suits your needs. This model helps us to recover legal expenses from the defending party, safeguarding your financial interests. In most medical negligence claims, the client does not have to meet the legal costs if case is unsuccessful.

As soon as you contact our legal team, we will be able to explore whether we are able to represent you in making your medical negligence claim and help you choose a funding option that is most suitable for you.

You need not worry about whether you have immediate access to the necessary evidence to demonstrate that you are a victim of medical negligence. Your medical negligence solicitor will be able to request and evaluate your medical records as they prepare your claim. Our solicitors advise that helpful evidence to support your medical negligence claim for compensation for injuries, losses and expenses may include:

• Keeping receipts – or at least a record – of any personal out of pocket expenses incurred due to the medical incident, including taxi fares and treatment costs;
• Keeping all correspondence from current or former employers such as payslips that can help to account for any loss of earnings or working hours
• Keeping medical records like X-ray reports and prescriptions, although we should we be able to gain access
• Making a note of all medical visits, although we should again be able to access these.

Claiming medical negligence is your legal right if you have undergone any of the situations mentioned in this guide. Working with competent medical negligence solicitor will provide you with the necessary professional legal advice and guidance required for your claim.

Hampson Hughes Solicitors have offered superior medical negligence claim legal services to thousands of Claimants for many years now. We provide these legal services at some of the most competitive rates in the industry. Working with skilled and dedicated solicitors who have successfully handled thousands of medical negligence claims assures you of the best possible chance of a successful claim.

Our medical negligence solicitors encourage potential clients to consider our “No Win, No Fee” model to seek acknowledgement and compensation or behalf of themselves or a loved one.  Here at Hampson Hughes, we believe that every victim of medical negligence deserves quality and affordable legal services, so get in touch with us today by phone, email, contact form or social media, all available on our Contact page.