Medical Negligence Solicitors

We are often at our most vulnerable when undergoing medical treatment, and medical professionals are there to help us back onto the road to recovery. In some instances, however, negligence on the part of a healthcare professional may result in things not going to plan, causing injury to the patient involved.

If you have suffered an injury as a result of medical negligence, you may be entitled to pursue financial compensation. The team at Smith Partnership offer many years' worth of practical experience guiding medical negligence claims towards success, helping you secure the compensation you deserve. Contact us today to see what we can do for you.

What is medical negligence?

Medical negligence – also referred to as clinical negligence – is the legal term used to describe cases in which a healthcare professional makes a mistake that causes them to breach the duty of care they owe to you, causing avoidable injury or worsening an existing condition in the process.

In practice, medical negligence may occur in any healthcare setting, whether it be due to negligent behaviour on the part of a surgeon, GP, dentist, nurse, clinician or any other type of medical professional. Environments in which malpractice may occur include GP practices, NHS hospitals, private clinics, care homes, dental practices and pharmacies, and the consequences of these incidents can often have a significant impact on those affected.

Common types of medical negligence

Medical negligence comes in many different forms, and no case is ever exactly the same. Having said that, some of the most common examples of medical negligence include:

  • Delayed diagnosis or treatment, whereby a better outcome would have been reached if treatment had begun earlier
  • Incorrect diagnosis
  • Wrongfully dispensed prescriptions
  • Dental negligence
  • Wrongful birth - this includes cases of a mother giving birth to a child after being deprived of the opportunity to terminate the pregnancy or where a baby has been born with a birth defect that could have been corrected if proper diagnostic tests had been carried out
  • Hospital or care home neglect
  • Inadequate after-care, for example following weight loss surgery. This may include too few or no follow-up visits, no access to the surgeon who performed the surgery or to a dietician   
  • Sudden and unexpected death

If you've been affected by negligence relating to any of the areas above, or if you've experienced negligent treatment in any other healthcare setting, get in touch with our dedicated clinical negligence lawyers.

Bringing a medical negligence claim

Bringing a medical negligence claim can go a long way in ensuring you are fairly compensated for the negligent medical treatment you have received. In order for your claim to be successful, we need to prove that:

  • The healthcare professional in question failed to adequately carry out their duties and;
  • You have suffered avoidable harm as a result of their negligence

Claims of this kind are usually subject to a three-year time limit that starts from the moment you first knew you received negligent medical care. Different time limits apply to cases that involve children or individuals that lack the mental capacity to pursue compensation. Our team can advise you on the specific requirements that apply to your case.

How much compensation will I receive?

The amount of compensation awarded in medical negligence cases is dependent on many different factors, including the severity of your injury and the unique circumstances leading up to the incident. Whilst a minor personal injury resulting from clinical negligence may receive compensation worth several thousands of pounds, life-changing injuries may in turn be awarded compensation that runs into seven figures.

The team at Smith Partnership offers significant experience dealing with medical negligence cases of all kinds – no matter the cause or extent of the injury. Our proactive approach means we will keep you informed throughout every stage of the process, which includes advising you on the amount of compensation you may expect to receive.

Recognised legal expertise

Enlisting the right legal support can play a crucial role in determining the success of clinical negligence claims. Our medical negligence solicitors' specialist knowledge is recognised by the Legal 500 – an independent guide to excellence within the legal sector. It describes our team as follows:

(...) a specialist clinical negligence department with Martin Bradbury at the helm. (...) Associate partner Anna McLeod and ‘very experienced’ solicitor Patrick Booth, who is 'meticulous in his approach to cases’, are also noted."

Aside from our credentials in the area of clinical negligence, Smith Partnership also operates a dedicated personal injury practice – seeking justice for all those affected by personal injury.

Legal 500
A sensitive and personalised approach

Medical malpractice can have far-reaching consequences for your physical, mental and financial wellbeing. With this in mind, our team goes beyond providing legal expertise alone. We take a sensitive and personalised approach to your case, taking the time to understand your unique needs and objectives. We will talk to you in a jargon-free way as we guide you through the claims process and make sure your relationship with us is stress-free. 

Our team can arrange a consultation at a time and place that suits you. Whether you're looking to receive actionable legal advice via telephone, email or face-to-face in one of our offices across Leicester, Derby, Burton upon Trent, Swadlincote or Stoke-on-Trent, our firm ensures specialist support is always close at hand. 

If your claim enjoys good prospects of success, then we can pursue your case on a No Win, No Fee basis - we can help you secure compensation whilst minimising any financial risk to you. 

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

If you suspect that there has been an error with your medication you should report it to the dispensing pharmacy and your GP, whether you have taken any of the medication or not. They will then fully investigate the incident and provide any treatment to you that might be required to minimise any adverse effects of the misprescribed medication. If you have been the victim of a medication error then please get in touch so we can discuss the unique circumstances of your case and advise you on the best course of action.

A recent study showed there are more than 200 million medication errors each year.

Some will have resulted in no untoward side effects, but others will have made patients very ill, costing valuable NHS resources that would otherwise have been avoided. Not to mention the avoidable impact it has on the patients themselves.

If you think there has been an error in your care, and you have suffered as a result, then you may have grounds for a clinical negligence claim. You can consult us for advice at this stage. Alternatively, you might want to write to the hospital trust with your own letter of complaint. If you do this the trust will investigate your complaint and respond to you with the results of that investigation. This may answer any questions or concerns you have about your care.

If you had poor care abroad then it is possible that you may be able to make a claim for clinical negligence. However, the rules governing standards of care will be different to those in the UK and specific to the country where you were treated.

Yes. Whether your treatment was private or through the NHS, if you have received sub-standard care from your physiotherapist that has caused you harm, then you may have a claim for compensation against the physiotherapist or NHS Trust who was responsible for the care you received.

Yes. If you have received sub-standard care from your dentist that has caused you harm, then you may have a claim for compensation against the dentist(s) who treated you.