Medical Negligence Solicitors in the UK | Clinical Negligence Lawyers on Lawyersorted

Medical and healthcare professionals sometimes make mistakes which can cause harm to their patients, resulting in physical or mental damage, illness, and even death. However, there are specialised medical negligence law firms that can help you out.

Continue reading further to know more about medical negligence solicitors, their role and importance, how to choose them, and how to further pursue a clinical negligence compensation claim.

What is Medical Negligence?

In simple terms, medical or clinical negligence refers to when medical/healthcare professionals fail or make an error in taking care of the patient, which leads to injury or illness or worsens the existing health condition of the patient. For example, when a surgeon is performing all the necessary protocols and procedures, but during the surgery, he nicks a blood vessel, which causes injury.

Medical malpractice is when a healthcare professional does not follow the correct guidelines or makes a mistake, fully knowing the consequences of his errors. For example, it will be a case of malpractice when a doctor prescribes medicines without running necessary tests, which leads to severe consequences.

The Role of Medical Negligence Solicitors

It is crucial to note that not all medical negligence cases can be won. That said, it should also not stop you from hiring medical negligence solicitors. It will be helpful to your law case if you hire a lawyer specialised in medical or clinical negligence. Let’s understand why they are important –

Your professional and experienced lawyer will negotiate a sum of settlement that is most beneficial to you, so the case doesn’t have to go to trial.
If the case goes to trial, your medical negligence claim lawyer will represent you in court. They will convince the court and seek out the best options for you.
A medical negligence attorney will gather your medical reports and thoroughly review your records to file a case.

Choose the Right Medical Negligence Solicitor

Now that you understand the need of NHS negligence solicitors let’s hop on to pick the best one for you. Here are some factors to consider to choose a lawyer that will stick by you in your misery, and get you a handsome settlement.

Accreditations with Associations

In this highly complex field, you want someone who is experienced and is backed by relevant associations like The Law Society’s Clinical Negligence Panel, Action against Medical Accidents (AvMA), Association of Personal Injury Lawyers (APIL), etc.

Good Connection With The Claimant

You must understand that you will be working with your lawyer very closely for months. Some qualities you should look for in clinical negligence solicitors are – Friendliness, strong communication, empathy, flexibility to meet your needs, strong negotiator, etc.

Online Reviews

Next would be to check the reviews online. This will give you a general idea of whether the lawyer is favourable to previous clients. This will showcase their commitment, experience, and expertise in the subject matter.

Link With Medical Experts

All your medical records and reports will be reviewed. Medical negligence lawyers should have the expertise to review your records. However, he must also have connections in the community with medical experts, to advise him and give him a doctor’s opinion.

Pursue a Clinical Negligence Claim

Now that you know what medical negligence is and you have found an expert lawyer to present your case, it is time to understand how to proceed further with pursuing the claim. After you’ve found a lawyer, let’s move on to further steps.

Gather Your Medical Records

Your medical negligence attorney will then ask you to obtain your medical records. Under the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, you have the legal right to access your medical records.

Get a Medical Expert’s Opinion

The solicitors for hospital negligence will ask an independent medical expert to review the details of your claim to clearly understand if the medical professional has breached the duty of his care and if his breach caused you a mental or physical injury or illness.

Value Your Claim

After gathering evidence, your medical negligence solicitor in the UK will value your claim based on the severity and nature of your injuries, the impact of negligence on your life, your age and life expectancy, and your past and future financial losses.

Present Case to the Defendant

Your lawyer will present your case to the defendant, which means formally notifying the defendant. Upon receiving, they will confirm the receipt of the letter within 14 days.

Present the Letter of Response

Then they will be presented with a letter of response by your medical solicitors. They will have four months to investigate the matter and respond. The defendant’s attorneys will conduct investigations and admit liability.

Settlement Offer

Post that, the negotiations for the settlement claim can start, and your medical negligence will provide you with an offer that is most favourable to you.

Common Types of Medical Negligence Claims

There are many types of clinical negligence claims. Some of these are listed below. However, if you want to get more knowledge on this, contact Lawyer Sorted for the best medical negligence solicitors.

Misdiagnosis
Delayed Diagnosis
Surgical Errors
Birth Injuries
GP Negligence
Treatment Errors
Sepsis Claims
Spinal Surgery Claims
Loss of limb claims
Fatal Medical Mistakes
Misinterpreting Test Results
Anaesthesia Mistakes

And the list does not end here. If anything related to this happened to you or your loved one, it is important that you hire solicitors who deal with medical negligence.

Key Legislation Affecting Clinical Negligence in the UK

The key legislation affecting clinical negligence in the UK are –

The Limitation Act 1980 – This act sets a time limit for the claimants to put forth a claim. However, there is an exception for children and mentally unstable patients.
The Law Reforms (Personal Injury) Act 1948 – This act allows the claimant to claim for general damages (pain, suffering, etc) and special damages (loss of earnings, medical expenses, etc).

However, the government has been working towards the betterment of its people, and recently they have made some changes that have made it easier for solicitors and claimants to value their claim and manage legal fees. Additionally, they are emphasising Alternative Dispute Resolution (ADR), so claimants and defendants can discuss and negotiate their claims outside the courts without any hassle.

Contacting a Medical Negligence Lawyer: Next Steps

Now that you know all about solicitors for medical claims, it is important that you also know how to contact them. You can look through the internet and browse through websites and other solicitors. Hospital negligence lawyers can, however, be easily contacted through Lawyer Sorted.

We provide you with a list of experienced lawyers to choose from and contact them. Always keep in mind to be calm and address all your issues and concerns so you don’t have any miscommunication in the future.

FAQs About Medical Negligence Solicitors and Claims

What is considered clinical negligence in the UK?

Clinical negligence in the UK is considered when a medical professional fails to take care of the patient, which in turn leads to injuries and illnesses (mental or physical).

How much do solicitors take for medical negligence?

There is no certain amount that solicitors take; however, there are ways that you can pay them. For example, a ‘no win, no fee’ agreement, legal aid, legal expenses insurance. Also, it is best to discuss that with your lawyer before jumping in further.

What are the grounds for suing for medical negligence?

As per the UK Litigation Law, it is clearly stated that misdiagnosis, pregnancy and birth injuries, and never events (severe events like wrong-site surgery, foreign objects left after the surgery, or incorrect medication). This is why it is essential that you hire NHS claims solicitors to help you out.

How do you win medical negligence?

If you want to win a medical negligence claim, you need to have an expert and experienced attorney who represents you and wants a compensation claim in your favour. It is extremely necessary that you research before choosing a lawyer.

How do I know if I have a valid clinical negligence claim?

To know if you have a valid clinical negligence claim, you must visit medical negligence solicitors. After discussion, they will also take the opinion of an independent medical expert to review your medical records. That will clarify how the negligence happened and affected your health.

What are the time limits for filing a clinical negligence claim in the UK?

As per the UK Limitation Act 1980, the time limit for filing a medical or clinical negligence claim is three years. However, this time limit can be changed for children or people with mental illness.

Can I claim compensation for NHS negligence?

Yes, you can claim compensation for medical negligence if you were treated by the NHS or in a private healthcare setting.

What kind of compensation can I expect from a clinical negligence claim?

You can claim for loss of earnings, pain and suffering from physical activities, psychiatric injuries, home adaptations and medical equipment, travel costs, etc. Be sure to discuss with solicitors for medical claims.

How long does a typical clinical negligence claim take to resolve?

Clinical negligence compensation claims are complex and take time to gather medical records and evidence that you were harmed by negligence. However, they usually take 6-12 months to settle down the case with fair compensation.

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