My Medical Negligence Claim

Your Medical Negligence claim will be dealt with by our team of expert lawyers who have many years experience dealing with medical negligence litigation. We also have nurse paralegals as part of our team who helps in the assessment of and preparation of cases. The thought of bringing a medical negligence claim can be daunting and is often the last thing you want to think about while you are trying to recover from the injury caused by the negligence, or trying to come to terms with the life-long difficulties you have been left with.

We understand the catastrophic physical, psychological and financial consequences of medical negligence and our role is not only to obtain you the compensation you deserve but help, as far as possible to put you on the 'road to recovery'.   Sometimes compensation is not the sole reason to bring a claim, which is why our aim is to ensure that any questions you have are considered and where appropriate addressed by medical experts.

Medical negligence claims are extremely complex and specialised, so it is important to use a firm of solicitors with expertise in this field.

How much will it cost and how will I fund a Medical Negligence claim? 

There are various ways of funding a medical 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. 

Legal Expenses Insurance. 

You may have legal expenses insurance; this is often included in a household or motor insurance policy. As part of our service we will undertake investigations to discover whether you have appropriate insurance.  If the answer is 'yes', we are able to accept indemnity from your legal expense insurer to safeguard you against any adverse costs

'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 your claim is successful, we will seek to recover the majority of legal costs and other expenses from the defendant.  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.

Will My Compesation Claim Be Successful?

To be successful in obtaining compensation, there are two tests to satisfy:

  • Has the medical person involved breached his established duty of care to you with his action/inaction? This is known as Breach of Duty
  • If so, has this Breach of Duty led to a foreseeable injury over and above that which you would have suffered in any event? This is known as Causation

Both these tests must be satisfied before investigations into any condition, prognosis and value of the claim can be fully undertaken. Without satisfying both of these tests, the claim will not be successful.

Breach of Duty 

In assessing whether the care provided by the clinician has been negligent, the court must determine whether a reasonably competent practitioner in the relevant field at the same time faced with identical circumstances would have acted in the same way.  

If it is possible to show that a reasonable and competent body of medical opinion (even if it is only a few practitioners) would have acted in the same way, then the care would not be considered negligent.

It is important to note that imperfect care does not necessarily mean that a Breach of Duty has occurred and is, therefore, not necessarily negligent.

Causation

If a Breach of Duty of care is found, you must then prove that this breach led to significant deterioration or additional injury over and above that which you would have suffered in any event. The test in this respect is known as the ‘balance of probabilities’, i.e. that there is a greater than 51% chance that injuries suffered were as a result of the negligence.

It is often difficult to prove causation, i.e. what additional injury has been suffered. In a claim for a broken leg sustained in a road traffic accident, it is clear that you would not have been driving with a broken leg and therefore the leg was broken in the accident. However, in medical negligence claims this is more difficult as you are seeking hospital treatment for a condition that you already have, which has not been negligently caused and as such the additional injury suffered is not as clear.

Essentially, an expert must establish two outcomes:

  • Firstly, the recovery from the injuries that should have occurred, had no Breach of Duty taken place and
  • Secondly, then contrast the first outcome with the actual injuries and recovery that took place

It is the difference between these two scenarios that can be compensated for.

For example, if you have broken your leg, then you would usually expect six to eight weeks in plaster, followed by a further recovery time of, say, three months. If you have suffered complications as a result of negligence, and have actually had 12 weeks in plaster and a recovery time of six months, then you have suffered an additional four weeks in plaster and three months recovery. It is for this you can normally be compensated. Please note that these times are used for demonstrative purposes only, as treatment and recovery times differ from person to person.  

T G Baynes Solicitors have a good working relationship with many medical experts who are top of their field, in a variety of specialisms. They are experienced in dealing with medico-legal matters which enables us to obtain thorough medical opinions for your claim.  We also have close ties with charities, such Action Against Victims of Medical Accidents (AVMA), for which members of our team volunteer on their telephone helpline.

How much will it cost and how will I fund a Medical Negligence claim? 

There are various ways of funding a medical 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. 

Legal Expenses Insurance. 

You may have legal expenses insurance; this is often included in a household or motor insurance policy. As part of our service we will undertake investigations to discover whether you have appropriate insurance.  If the answer is 'yes', we are able to accept indemnity from your legal expense insurer to safeguard you against any adverse costs

'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 your claim is successful, we will seek to recover the majority of legal costs and other expenses from the defendant.  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.