Medical negligence means that unreasonable medical treatment or care has led to injury, pain or and suffering over and above that which you would have had in any event.
What is Medical Negligence?
Clinical or Medical negligence occurs when a medical professional or organisation failed in their duty of care to a patient, which results in an injury or worsening of a medical condition. It can occur during NHS or private treatment and as a direct result, of their failure, you suffered pain, suffering and loss of amenities.
Medical negligence claims are complex and specialised. Often treatment for an injury involves more than one medical specialism, e.g. a broken leg may be initially reviewed at A&E, then seen and treated by an orthopaedic surgeon with follow up from physiotherapists, district nurses and the GP. This does not include any medical specialists to deal with complications, such as a microbiologist for infections and a neurologist for any nerve damage. It may be that the negligence is not centred around one particular specialism, but has been compounded by negligence from various practitioners in different specialisms. You can still pursue a claim for compensation if this is the case.
It is very important that your solicitor is experienced in dealing with medical negligence claims given the complexity of the work and injury, and the need to understand the relationship between the specialisms.
T G Baynes Solicitors can assist you with a range of medical negligence claims including not limited to:
- Orthopaedic Injuries
- Brain Injuries
- Obstetrics & Gynaecology
- Care Home Neglect
- Birth Injuries - Mother
- Birth Injuries - Child - Cerebral Palsy and Erb's Palsy
- Fertility Claims
- Ophthalmic claims
- Amputations caused by poor treatment
- GP negligence
- Death due to negligence
How much will it cost and how will I fund a Medical Negligence claim?
There are various ways of funding a clinical negligence claim and we will discuss funding methods with you during the initial free consultation and advise you as to which one is appropriate for you depending on your personal circumstances.
'No Win No Fee' Agreement
In essence, a 'No Win No Fee' Agreement is an arrangement between yourself and T G Baynes Solicitors. We will agree to take on and pursue your claim for compensation on the basis that if your claim is unsuccessful, we will waive our right to claim our legal costs from you.
If the claim is successful, your solicitors’ costs will be recovered from your opponent, but you will have to pay a percentage out of your compensation as a “success fee”. We will discuss funding methods with you during the initial free consultation and advise you as to which one is appropriate for you.
Our objective is to ensure that you are fully protected against the financial risk of your claim being unsuccessful and ensure that in the event that your claim is successful that you receive the maximum amount of compensation possible. Funding is subject to our terms and conditions and will be fully explained at your first free consultation with us.
Why Choose Us?
We have decades of experience handling clinical negligence cases and specialise in areas including birth injuries, orthopaedic injuries and cancer misdiagnosis claims. Our solicitors understand that medical negligence can result in devasting consequences for the injured person and their family. Whilst we cannot turn back the clock, we can help to investigate and try to put things back together again. This may be securing rehabilitation, adaptions to your home, specialist equipment or providing the case and assistance needed.
Our dedicated team of solicitors have the experience to gather expert evidence to ensure your compensation helps you to access the support you need and to seek the answers you deserve
For a free initial consultant about your clinical negligence claim, please contact us by either email, phone or through our web form and we will get back to you as soon as possible.
Contact us on 020 8301 7777 or email us on firstname.lastname@example.org to have a no obligation discussion regarding your claim.
How long do I have to claim for Medical Negligence?
Under the Limitation Act 1980, you have three years from the date of the negligent act, or from the date of which you could reasonably be seen to have realised that you suffered an injury as a result of negligence, to bring your claim.
If the injured party is under 18, then they have three years from their 18th birthday (i.e. up to their 21st birthday) to take these steps. Until they are 21, their claim will usually be run by a Litigation Friend, usually a parent, who will manage the claim on their behalf. If the injured party has no capacity in terms of understanding a claim there may be no Limitation.