FAQs

The time it takes to resolve a medical negligence claim depends on how complex your case is, how long it takes to obtain independent medical evidence and whether the defendant admits fault. Straightforward claims can sometimes settle within a year, while more complex or serious cases can take several years, especially if a trial is needed. We will keep you updated throughout, so you always know what stage your case has reached.

Yes, a parent or responsible adult can act as a Litigation Friend to bring a medical negligence claim on behalf of a child. Court proceedings usually need to be started before the child’s 21st birthday, but it is best to seek advice much sooner, so evidence can be properly gathered. Any compensation is normally approved by the court and held for the child until they turn 18.

Your compensation will reflect both the pain, suffering and loss of enjoyment of life caused by the medical negligence, as well as your financial losses and expenses. This can include lost earnings, treatment costs, care needs, specialist equipment, travel expenses and future support. We work with medical and financial experts to make sure every aspect of your loss is carefully assessed.

Yes, our medical negligence solicitors in Stoke offer a free initial consultation, either by phone or in person at our Stoke office. We will listen to what has happened, give an initial view on whether you may have a claim and explain your funding options, including “no win, no fee” where appropriate. There is no obligation to proceed after this first discussion.

You should ensure the incident is recorded by your employer, get medical attention and keep a note of what happened, including any witnesses. If your injuries were then made worse by poor medical treatment, our medical negligence solicitors can advise you about that part of your potential claim. We can also put you in touch with our specialist personal injury team to deal with the accident itself.

If your medical negligence claim succeeds, the defendant will usually repay certain state benefits to the Department for Work and Pensions directly, so this does not normally reduce your compensation. However, if your compensation takes your savings above the threshold for means-tested benefits, your entitlement may be affected. In that situation, we can advise you about using a personal injury trust to help protect your benefits position.

Yes, a claim may be possible if a loved one died as a result of medical negligence, including medical negligence NHS cases, or if they had an ongoing claim at the time of their death. The claim can usually be continued or brought by the estate and certain dependants, subject to specific rules and time limits. Our Stoke team can guide you through both the negligence investigation and any connected estate matters.

You may be able to bring a claim if your parent or spouse has been injured in a care home, hospital or similar setting due to medical negligence or poor care. If your loved one has mental capacity, they will usually need to instruct us themselves, but if they lack capacity a suitable family member can often act for them as a Litigation Friend. We regularly act in such cases and can also advise on any safeguarding concerns that arise.