NHS and private medical care is usually very good. Most people will never have a problem with their care. But sometimes things can go wrong. Here at Hampson Hughes Solicitors, we look at every circumstance surrounding your medical negligence claim. We listen, we support and we help to make the process, as easy as possible for you. From day one, we look to understand what has happened in order to identify two key points to helping you make a successful case;
1. Fault – Our medical negligence solicitors may talk to you about a ‘breach of duty’. Simply, this means that the treatment you received, fell below the standard of a reasonably competent and skilful medical expert.
2. Avoidable damage – Your solicitor may refer to this as ‘causation’ and this simply means that the negligent care you received, caused you harm.
Medical negligence claims can occur when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
You can claim for any injuries you’ve sustained as a result of medical negligence.
The extent of your injuries; recovery time and the impact these injuries have had on your subsequent quality of life will all be taken into consideration when determining the compensation awarded.
Medical expenses and damages may be awarded to offset the cost of any reasonable and necessary additional medical treatment required as a result of the medical negligence you have suffered.
Home visits (e.g. nursing staff, carers)
Physiotherapy, medical aids, travel costs to and from medical appointments
‘Gratuitous care’ – compensation towards the costs of care provided by family
Any loss of enjoyment as a result of your injuries e.g. being unable to participate in regular activities such as the gym or being restricted in your daily life such as caring for children or performing normal household duties.
Damages towards loss of earnings may be awarded where time away from work is authorised by a doctor.
You may also be eligible to claim for loss of future earnings where your injury prevents an immediate return to the workplace.
The NHS Litigation Authority (NHS LA) usually represents the NHS if you make a claim against them. Fewer than 2% of the cases handled by the NHS LA end up in court. The rest are usually settled out of court through your solicitor. The NHS LA has a database of information about all claims made against the NHS, including potential claims and ‘incidents’ where legal action hasn’t been started yet, but where a patient says they are going to make a claim. There are special compensation schemes for some injuries and losses. You might have the right to compensation under these schemes without having to go to court. Private Practitioners are usually insured by private insurance companies and to run their practices, they will be required to have insurance cover, so any claim made thereafter will be dealt with by their insurance company. At Hampson Hughes solicitors, we have the experience to offer practical advice and the best course of action to take on a no win, no fee basis.
Anyone can claim for workplace injury compensation; however the following 3 criterias must be met:
Our solicitors specialise in helping families with claims involving cerebral palsy, which can happen when the child’s brain is starved of oxygen before or during birth. Obstetrics is the branch of surgery that specialises in pregnancy and childbirth and gynaecology is the branch that specialises in disorders of the female reproductive system or injuries that may be caused by medical negligence during birth including: Erb’s palsy (brachial palsy), or injuries suffered by the mother.
If you’ve received negligent care or treatment during a blood transfusion or been given a contaminated blood product, our solicitors could help you claim compensation. You may be able to make a claim if you have been:
Brain injuries caused by medical negligence can have life-changing consequences. Compensation is needed to fund long-term treatment, care and rehabilitation. Whether you were treated by the NHS or privately you may have a claim if you suffered any of the following:
Receiving a diagnosis of cancer can be devastating. If your cancer was misdiagnosed, or diagnosed later than it should have been, you may be able to bring a medical negligence claim.
Dental negligence claims and orthodontist negligence claims generally fall into three main categories. Those around misdiagnosis or a failure to act; those in which the dentist’s act is inadequate; and those whereby a dentist is careless.
When someone dies in an accident that wasn’t their fault, their family may raise a fatal injury compensation claim against the responsible party. Nobody ever wants to have to make a fatal accident claim, but unfortunately in reality, it can absolutely vital for dependants to claim compensation.
If you have received a misdiagnosis that has contributed to further injury or harm, we can help you pursue compensation. This can be across a number of diagnosis, from GP’s to surgeons.
An orthopaedic injury is one which affects a person’s joints, ligaments, muscles, tendons, bones and nerves, and such injuries can be very serious in nature. This may include surgery that has exasperated a condition or caused irreversible harm negligently.
A spinal cord injury (SCI) is damage to the spinal cord that causes changes in its function, either temporary or permanent. These changes translate into loss of muscle function, sensation, or autonomic function in parts of the body served by the spinal cord below the level of the lesion. This may occur during surgical procedures in close proximity to the spinal cord.
If you have suffered an injury, pain, discomfort or serious long-lasting health problems following surgery you may be able to bring a claim for medical negligence.
The amount of compensation you will receive will depend on the type and extent of the illness or injury you have suffered as a result of medical negligence. We recommend that you speak with a member of our medical negligence team for an accurate evaluation of your claim.
Hampson Hughes Solicitors will request your medical records in order to review your claim. However, in support of your medical negligence claim, you can also:Hampson Hughes Solicitors will request your medical records in order to review your claim. However, in support of your medical negligence claim, you can also:
If you have suffered as a result of medical negligence, Contact Us today.