If you’ve suffered an injury or illness due to medical negligence, our industry leading solicitors are here to help. With hundreds of years’ combined medical negligence expertise, you can be assured that you are in safe hands. Talk to us about making a No Win No Fee medical negligence claim today.
Medical negligence, also known as clinical negligence, occurs when a medical professional fails in their duty of care to a patient, and provides treatment that falls below an acceptable standard. This substandard care then causes either an injury, an illness, the worsening of an existing health condition or even death.
Medical negligence claims are usually very complex. They require a detailed understanding of both the law and medicine, which can only be achieved by a medical negligence solicitor that has specialised in this area of the law for a number of years.
It is therefore extremely important, if you do decide to make a claim, that you instruct an expert medical negligence lawyer to represent you.
What constitutes medical negligence?
Medical negligence can take many different forms, but the consequences of even seemingly simple mistakes can be severe if it leads to delayed treatment or the deterioration of your condition. Some of the common mistakes that we see include:
Poorly managed pregnancy and labour
Poorly performed surgery
Inadequate post-operative care
Delays in treatment in emergency situations
Failing to carry out correct diagnostic actions, such as x-rays, scans, and blood tests
Failing to follow up test results, or misinterpreting test results
Treating the wrong condition
Not taking a patient’s full medical history
Discharging a patient too early and without the care needed
Failing to take a patient’s observations in a timely manner
Failing to note a patient’s deterioration
Neglecting the patient’s overall health
What types of medical negligence can I claim for?
Medical negligence law is an extremely varied area, and serious consequences can result from almost any type of medical treatment. Below are just some of the types of negligence and circumstances where we can help:
This list is not exhaustive and regardless of the treatment you required, if the medical professionals responsible for your care were negligent in their actions, you could be entitled to make a claim. Our industry-leading medical negligence solicitors are always on hand to discuss your case. To speak to a member of the team, call us on 0330 041 5869 or contact us online to find out more.
How do I make a medical negligence claim?
Making the decision to pursue a medical negligence claim can be tough, and it may feel daunting to consider the legal processes involved. Our expert medical negligence lawyers have many years of experience in handling a wide variety of cases, from the straightforward to the complex, and are here to provide the support and advice you need to ensure your claim runs smoothly.
To start a medical negligence claim, get in touch with our leading medical negligence team on 0330 041 5869 or reach out online. We’ll start by asking for some basic information about what has happened and how, before taking you through what the claims process will involve step-by-step.
The majority of the cases we investigate are funding by way of a No Win No Fee agreement. However, there are certain cases where Legal Aid may be available.
How long do medical negligence claims take?
The length of medical negligence claims in the UK varies considerably and is quite often affected by external factors, such as waiting for medical records to be provided and for experts to complete their reports. It can also depend on how complex the case is, the issues that need to be investigated, and the extent of the evidence that needs to be gathered.
However, the biggest factor in determining the time a medical negligence claim takes is usually the behaviour of the defendant. While most claims can be settled before they reach court, if the defendant denies liability and the claim has to proceed all the way to trial, it could take significantly longer.
Even where liability has been admitted, it is also important that a settlement isn’t rushed. Sometimes the full extent of a person’s injuries cannot be established for several years. In this event, it is important your medical negligence solicitor keeps you up to date with how your case is progressing and whether further time is needed before your claim can be valued and potentially settled.
What will happen when I make a medical negligence claim?
If you have decided to approach us to investigate your potential medical negligence compensation claim, we'll first ask for some basic information about what has happened and how. We’ll take you through it step by step, at your own pace, and if we feel your claim warrants further investigation, a case will be opened, and your solicitor will go through your claim funding options with you.
Our solicitors will then gather evidence and request permission to access important documents, such as your medical record, to help establish liability and prove that your suffering is a result of sub-standard care.
We may also take a statement from you and any other witnesses to provide further supporting evidence, and we’ll instruct medical experts to carry out an independent examination. We’ll then assess the legal and medical issues of your case and, if it is felt substandard care was provided and that this caused additional injury, then we’ll start legal proceedings by sending a Letter of Claim to the Defendant (that is, the party responsible for your negligent care).
In all the cases we pursue, we aim to establish liability as soon as possible. Once liability is accepted, we can usually apply for an interim payment, which allows those who've suffered serious injuries to receive part of their compensation before their case settles. This is something your medical negligence solicitor will be keen to explore with you as these payments can often help pay for rehabilitation, care or even the purchase of a more suitable property.
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My husband and I have been beyond satisfied with the service and help / advice given through the claim process from Emma. After facing a traumatic experience, the team have helped in getting compensation and holding the relevant people accountable for their actions, and it cost me £0. The communication, openness and transparency through the process was really above and beyond; always willing to explain areas that we didn’t understand.
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Can I make a no win no fee medical negligence claim?
Medical negligence claims can be expensive to investigate, and we are committed to ensuring that our clients are protected from these costs. The majority of the claims we investigate are done so by way of a ‘No Win No Fee’ agreement.
‘No Win No Fee’ agreements, also known as Conditional Fee Agreements, mean that if the claim is unsuccessful, the legal advice fees that have been incurred during the medical negligence claim will be written off. Any third-party fees, such as expert report and court fees, will then be recovered under an After the Event Insurance Policy that will be taken out after the ‘No Win No Fee’ agreement has been arranged.
The most important thing to us is that you to feel empowered to seek the compensation you rightfully deserve without the looming stress of a financial burden if the claim is unsuccessful.
In limited circumstances, Slater and Gordon is also able to apply for Legal Aid Funding. However, this will only be possible where the medical negligence claim involves a child, who has suffered a neurological injury at birth, such as cerebral palsy, or within the early neonatal period. Not all law firms are able to offer this funding option, but we’re an exception as we are recognised as specialist clinical negligence lawyers and our mission is to ensure as many people can access expert legal advice, regardless of their wealth.
As soon as you contact us, we’ll be able to discuss your funding options and answer any questions you may have to alleviate any worries or stress you might be feeling.
Given the complexities that can arise when pursuing a claim, it is vitally important you choose a specialist medical negligence law firm with a proven track record of handling complex clinical cases.
Here at Slater and Gordon, we pride ourselves on offering dedicated and specialist advice to guarantee you receive the rehabilitation, support, and compensation you deserve.
We have a national medical negligence team, all of whom only practice in this area of the law
Our team includes highly experienced in-house midwives and litigation nurses who work collaboratively with solicitors. This results in an excellent team that can be relied upon to investigate a medical negligence claim correctly and effectively
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, showcasing our dedication to providing outstanding family law services
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
Over the years, our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot
Meet the team
The national head of medical negligence is Emma Doughty. Emma is highly accomplished in this practice area, holding two Law Society accreditations, specifically in Clinical Negligence and General Litigation. She is also recognised as a Senior Litigator by the Association of Personal Injury Lawyers (APIL). Her skills and achievements have garnered significant recognition, including the 'Outstanding Achievement of the Year' award at the Personal Injury Awards in 2018, which followed her work as the lead solicitor in the cases against negligent surgeon, Ian Paterson.
Emma, and numerous other members of the medical negligence team, are recognised as leaders in the field, both in the prestigious Chambers and Partners guide and in the Legal 500.
The extensive accolades and the recognition of our head of practice and the team highlight the exceptional legal prowess Slater and Gordon has in this area of the law.
Medical negligence solicitors near you
Slater and Gordon has offices across the United Kingdom, which ensures we are always able to offer our expert advice and dedicated services no matter where you are. We understand that for those recovering from medical negligence, travel may not always be possible, which is why we also offer home and hospital visits, as well as online meetings.
We can provide dedicated medical negligence advice in:
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
Medical negligence claims: Frequently asked questions
Do I have a medical negligence claim?
You have a medical negligence claim if it can be proved you’ve suffered or have been harmed due to negligent care from a medical professional.
What will my solicitor need from me to make a claim?
To make a successful medical negligence claim, your solicitor will ask you to provide supporting evidence that documents what treatment you received, when you received it, and what went wrong.
The core piece of evidence will be your medical records, which we will need your permission to access. Our in-house litigation nurses and midwives will review your records alongside with your solicitor, using expert medical knowledge to identify any issues and errors in your care.
Other evidence could include things like witness statements from those who were present during your medical treatment, or can attest to the consequences of the treatment, as well as financial records to evidence any losses you have suffered due to medical negligence.
How much does it cost to claim medical negligence compensation?
We operate on a ‘No Win No Fee’ basis, which means you won’t need to pay anything unless your medical negligence claim is settled meaning there’s no financial risk to you. Find out more about our medical negligence compensation claim fees here.
What are the time limits for making a medical negligence compensation claim?
In general, the time limit for medical negligence claims in the UK is three years from date you were injured, or the date you became aware it was caused by negligence. Although the time limits for a specific claim can be complex, so it’s best to speak to an expert as soon as possible to establish how long you have to pursue a claim.
Will I need to attend a medical negligence exam to make a compensation claim?
In almost all cases, you will need to attend a medical examination with an independent medical practitioner, who will assess your condition and the level of impact that sub-standard care has had on your well-being and quality of life.
Following the examination and a review of your medical records, the medical practitioner will then prepare of a report for the courts, which will be used as evidence in support of your case.
What treatment or care is provided as part of the medical negligence claim?
We provide comprehensive support in various areas of law, including Court of Protection, wills and probate, family law, and employment law and offer the expertise of independent financial advisers to assist with welfare benefits advice and safeguarding your compensation. Trust us for all your legal needs with our seamless, end-to-end service.
What can medical negligence compensation pay for?
The purpose of medical negligence compensation is to award the claimant financial recompense for any pain, suffering and financial losses they have experienced due to sub-standard care by a medical professional.
There are two separate categories under which compensation will be awarded. These are referred to as general damages and special damages.
General damages: this category aims to compensate you for the injury or illness itself, and covers any pain, suffering or less of amenity (quality of life) caused
Special damages: this category covers financial loss caused by your injury or illness, including any lost wages due to time out of work, the cost of any treatment or care required, travel costs, and the cost of any mobility aids, equipment or adaptations.
In cases of severe injury or illness where support is required quickly, your solicitor will apply for interim payments, which can provide early payment of some of the total compensation due to help cover the cost of treatment, rehabilitation, or care.
How much medical negligence compensation could I get?
It’s impossible to say how much compensation you’re likely to get for a medical negligence claim as it depends on how severe your injuries are, your current financial losses, and the pain, suffering and losses you’re likely to have in the future.
What we can say at this stage is given our level of specialism in this field, we’ll ensure you get the absolute maximum amount of clinical negligence compensation you deserve.
Does medical negligence compensation affect benefits?
Yes, an award of medical negligence compensation could affect your eligibility for certain means-tested benefits if it brings the value of your savings or other assets over the £6,000 threshold. This includes benefits such as Universal Credit, Income Support, and Housing Benefit, as well as receiving free prescriptions and eye tests, dental treatment, or state-funded care.
However, you can do to protect your entitlement to means-tested benefits by setting up a personal injury trust. Simply put, a personal injury trust holds any compensation money you receive separately to the rest of your finances, which means it won’t be considered when determining your eligibility for means-tested benefits.
Will my medical negligence claim impact my current treatment?
No. Making a medical negligence claim should never impact the treatment you receive. All healthcare providers are duty-bound to provide proper care and treatment, regardless of any complaint or claim made against them by a patient.
If you feel you have been mistreated due to your claim, it is crucial you speak to your solicitor as soon as possible, as they will be able to advise you on what to do and support you in taking the necessary steps to move forward.
Can I make a medical negligence claim after a loved one has died?
If a loved one has passed away due to medical negligence, you may be eligible to make a claim for compensation for their wrongful death.
Slater and Gordon’s medical negligence solicitors are very experienced when representing loved ones who have sadly passed away and have been involved in some of the most important and ground-breaking legal cases.
Can I change my medical negligence solicitors to Slater and Gordon?
Yes, you are entitled to change your solicitors for whatever reason. You may need to sign a consent form to approve that your legal documents can be sent over to us.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)