Medical Negligence Case Guide

Did you know the NHS treats one million patients every 36 hours, and carries out 9.9 million operations every year? With those sort of figures it is understandable that cases of medical negligence may be increasing however no matter if the low standard of care is due to human error, lack of resources, or any other reason is irrelevant – no patient deserves to receive a level of treatment which leaves them feeling worse than when they sought it.

Girlings Personal Injury Claims Ltd are experienced medical negligence solicitors. Here are some of the most frequent questions clients ask.

How can I make a complaint about my standard of care?

If you received your treatment at an NHS hospital your first port of call should be their PALS (Patient Advice and Liaison Service) officer. Every organisation within the NHS has its own complaints procedure whether they are a maternity hospital, physiotherapist, or dentist. People with complaints about care received from private practitioners should first put their complaint in writing to their practitioner. A medical negligence solicitor can do this on your behalf if you feel uncomfortable writing to them directly.

Is there a time limit for raising a medical negligence claim?

There is a three-year limit from the time you become aware of medical negligence – which may be after the treatment was received – to make a claim for medical negligence.

What is the cost of making a medical negligence claim?

The duration of medical negligence claims tends to be longer than a generic personal injury claim. The cost of your legal case will depend not only on the number of hours your solicitor works on it but on the amount of expert medical evidence you need to demonstrate the care you received was below acceptable standards. Solicitors who offer no-win-no-fee medical negligence claims are an option for people who cannot or do not way to pay a large legal bill in advance of receiving any compensation. Legal Aid is not usually available for pursuing medical negligence claims.

Will I have to go to court?

Nearly 98% of claims of medical negligence against the NHS are settled without the need to go to court. There is a very small possibility that your claim will end up in front of a judge however your solicitor can provide you with advice about whether to accept an out of court offer.

What should I expect to happen?

To make a successful claim of medical negligence you need to show that the standard of care you received was unacceptable and that you suffered injury or illness as a result. Your solicitor will help you collate this evidence then submit your claim to the practitioner with a request for them to take responsibility for the situation and pay you an appropriate level of compensation. The payment will take into account aspects like lost earnings for you and your carer (if it is someone close to you who has to give up their job to look after you), any further treatment or equipment you need to deal with your injury, and any psychological damage.

To take the first step contact a reputable medical negligence solicitor, contact Girlings Personal Injury Claims Ltd here.