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Can you sue a doctor for negligence?
Any time that you or a loved one receives any form of treatment or care from a medical professional, you would expect to receive an acceptable level of medical expertise and competence. Most medical experts in the UK, doctors included, demonstrate a high level of skill and dependability, but there are instances where the medical care is of a lower standard than expected from a doctor in the UK, whether in an NHS or private medical facility.
Such situations require expert legal advice on the appropriate action to take with regards to suing a doctor. Pursuing a claim for medical negligence against a doctor can be a complex process, as identifying and suing a medical professional, such as in a case of doctor negligence, requires both legal and medical expertise. This is why it is so important to select the services of a trusted medical negligence solicitor.
If you’re looking to pursue a legal action against a doctor in England or Wales, then Medical Negligence Specialists can offer excellent legal support. We specialise in medical negligence claims and have helped many clients in Liverpool, Manchester, London and beyond with their legal needs. If you are looking for legal expertise in this area, you can contact us for guidance on suing a doctor.
It is often the case that a patient who feels that they may have suffered from medical negligence is unsure if they can sue a doctor. Considering how complex the legal field is with regards to suing a medical professional, most people are not certain whether the circumstances of their case would permit them to sue a doctor. This question requires the legal guidance of a medical negligence solicitor to advise on the likelihood of a successful claim.
A range of different issues may result in a person suing a doctor for negligence. If you are looking to take legal action with regards to the medical care that you or a family member received, it is worth knowing that you may be able to sue a doctor if the medical care they offered can be shown to have:
fallen below the reasonable expected standard of care for a medical professional
contributed to further health problems through worsening an existing condition(s) or causing new illness and/or injury
If you have reason to believe that the physical and/or psychological impacts of the substandard medical care you received can be attributed to a doctor’s negligence, please contact us here at Medical Negligence Specialists. We will be able to assess your case and offer you expert legal advice. If we believe that you have a legitimate claim for doctor negligence, we can assist you in your pursuit of legal action against the negligent doctor.
Our doctor negligence solicitors will be able to expertly advise you, answering your questions and informing you of your current legal options. They will assist you in making an informed decision as to whether or not you can sue your doctor by giving your case an honest and professional evaluation. Additionally, we will also be able to assess your current evidence and help with the gathering of additional evidence from external sources such as medical records and expert witnesses.
It is the responsibility of doctors and other medical professionals to cater for the medical needs of patients at an acceptable professional standard. If a doctor fails to provide the required medical standards of their profession this can be regarded as medical negligence. The range of doctor negligence issues that can bring about a legal action against a doctor include:
Misdiagnosis of an illness
Failing to refer to a hospital where necessary
Failure to carry out a proper medical examination
Prescription of the wrong medication and/or dosage
Failure to perform surgery/treatment appropriately
The list above does not cover every doctor negligence occurrence, and there will be a range of other issues that we cover here at Medical Negligence Specialists. Please contact us and we’ll be able to offer a free consultation, during which one of our clinical negligence experts will be able to assess whether or not we believe you have a potential compensation claim against a negligent doctor.
If you have suffered any act of medical negligence from a doctor, the legal team at Medical Negligence Specialist can offer you expert advice and assistance in your pursuit of a claim. Firstly, through assessing your circumstances via a free consultation, and then being able to offer expert legal representation. Get in touch with our doctor negligence solicitors and we’ll be able to provide you with guidance on whether you can sue your doctor for negligence.
Generally, the time limit for suing a doctor for any medical negligence claim is 3 years from the date when the negligence occurred. There are strict rules in this regard, with certain exceptions being allowed. Key factors to be aware of include:
The 3-year time limit begins on the day the medical negligence by a doctor occurred
Or in some cases, the time limit begins from the first date from when the victim becomes aware of a misdiagnosis or injury being contributed to by the negligence by a doctor.
Children’s time limit for a claim does not begin until they reach adulthood. After they reach 18 years of age, they have 3 years to sue a doctor. In many cases though, a trusted adult may be permitted to submit a claim on behalf of a child prior to their 18th birthday. We can advise on whether this would be available in your case.
If you have any further questions with regards to the time limit you have for suing a doctor, you should contact our expert doctor negligence solicitors. We will provide accurate information and guidance on the relevant time limits in your specific case.
Legal expenses are a major concern for many individuals or families looking to sue a negligent doctor. At Medical Negligence Specialists, we understand the financial strain that any medical negligence situation can cause a family. Our doctor negligence solicitors, therefore, ensure that the financial interests of our clients are protected.
As you consider the question of whether you can sue your doctor, one option is a No Win No Fee arrangement. This method, also known as a Conditional Fee Agreement (CFA) is ideal for many clients exploring a compensation claim for doctor negligence. This is because it protects you from a range of financial risks, reducing the possibility of solicitors’ fees if your doctor negligence claim is not successful.
We will be able to assess your claim and advise on whether we can offer legal assistance under a CFA. We represent many clients on a No Win No Fee model, because we can recover the legal costs from the defendant in the vast majority of cases. If you’re wondering whether you are eligible to sue your doctor for negligence on a No Win No Fee model, contact us today by phone or email and we’ll be able to tell if the circumstances of your case allow.
Sometimes, we can assist our clients to sue a doctor for negligence using other arrangements, such as if they have active insurance policies that cover legal claims, or trade union memberships with similar provisions. We can also contact your insurance providers on your behalf to see if your policy covers the legal expenses of suing a doctor for negligence.
Instructing an expert doctor negligence solicitor is a crucial initial step to take if you are looking to bring a successful compensation claim against a doctor. Your chances of succeeding in your pursuit of compensation are significantly increased when you involve an expert solicitor, ensuring that you are provided with excellent legal support and guidance throughout your case.
For individuals and families across England and Wales who want to sue a doctor for negligence, our team of experienced solicitors are here to help. As doctor negligence solicitors who specialise in this area of the law, we can offer you trusted advice and support when suing a doctor for negligence.
From the initial consultation through to the conclusion of the claim, we offer legal guidance in a helpful and highly professional manner. The doctor negligence solicitors at Medical Negligence Specialists have successfully represented many clients in Liverpool, London and across England and Wales. Get in touch by phone, email or the online enquiry form in our Contact section to speak to a friendly and knowledgeable member of our legal team.
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Why use Hampson Hughes
At Hampson Hughes Solicitors we believe that if you have been injured in an accident that wasn’t your fault you deserve access to legal support. Our objective is to ensure we recover the maximum amount of personal injury compensation you deserve. We can help secure access to expert rehabilitation services to ensure that you have the quickest recovery possible. We can ensure you are compensated for any losses you may have suffered, from out of pocket expenses to loss of enjoyment and loss of earnings as a result of your personal injury.
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Each case will have its own individual elements to consider, but the general process for pursuing a compensation claim with Hampson Hughes involves the following steps.
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Once you get in touch, we can offer you a free consultation with the relevant specialist solicitor for your case.
Should we advise your claim is worth pursuing, and you choose our services, we will begin claim preparation.
We will help you to access and obtain all of the required medical evidence in support of your compensation claim.
Once we have submitted the claim to the defendant, we can begin negotiations on reaching a settlement.
Should no settlement be reached, your claim will proceed to court with a view to obtaining a favourable settlement.
Should your claim be successful and compensation be awarded, you should receive it within 14-28 days.