Clinical Negligence Solicitors

Clinical negligence, or medical negligence, is a type of claim that can be brought by a patient when they think that something has gone wrong with their treatment and they have suffered avoidable harm as a result.

Whenever we are in any sort of doctor/patient relationship then we are owed a duty of care and the medical professional has to act appropriately in order to keep their patients safe.

Sometimes something goes wrong and there is a breach of the duty of care. That will typically involve the medical professional either making a mistake and doing something wrong, or failing to do something when they ought to have done. Either of these things can constitute a breach of duty.

The final part of a successful claim is showing that the patient has suffered a worse outcome as a result of the negligent care. This can include any element of avoidable pain that has been caused by the incident.

The combination of these 3 things forms a successful clinical negligence claim.

Common examples of the types of claims that we deal with are:

• Delayed diagnosis or treatment, where a better outcome would have been achieved if treatment had been started sooner;
• Mis-diagnosis;
• Mis-prescription, where errors in prescribing medicine occur;
• Claims involving Dental treatment:
• GP negligence; 
• Care Home negligence;
• Errors in care leading to avoidable death

A successful clinical negligence claim will ensure you are fairly compensation for the avoidable impact of the negligent treatment you have experienced.

Claims of this kind are subject to a 3 year time limit that starts either from the date that the negligent treatment happened, or, from the date that you first suspected there could have been an error with your care.

Different time limits apply to cases involving children or people who lack the mental capacity to pursue compensation on their own. We can advise you on the specific requirements that apply to your case.

The first step in making a clinical negligence claim is by contacting us to discuss how we can help you.

Medical negligence comes in many different forms. No two cases are ever exactly the same. For this reason we offer a truly bespoke service that is tailored to each individual client to ensure their claim is pursued with maximum efficiency to increase the chances of success.

As the Claimant, the onus is on us to prove our allegations of negligence and win the claim. Therefore, in broad terms the claims process involves the following:

• Initial contact with one of our clinical negligence experts who will go through the history of the incident and learn more about what has gone wrong with your care.
• We will then carry out a thorough investigation into the care that you have received, which will typically start by obtaining all of the relevant medical records.
• Supportive evidence from independent medical experts who will set out what should have happened and compare that with what actually happened. They will also offer an opinion about how the negligent treatment has made things worse for you.
• Once we have all the necessary supporting evidence, then we will be able to draft a formal Letter of Claim to the Defendant to notify them of the claim against them and set out how we allege they have breached their duty of care to you, and how you have suffered as a result.
• The Defendant’s insurers will then investigate our allegations of negligence and at the end of that process they will confirm whether or not they admit liability.
• If liability and causation are admitted we will enter into settlement negotiations with them to ensure you received fair compensation.
• If liability and causation are denied we will examine their reasons for doing so and advise you whether prospects of success remain positive enough for us to pursue the claim.
• If amicable resolution of your claim is not possible then Issuing Court Proceedings will facilitate the claims process and enable us to pursue your claim to what we hope will be a successful conclusion.

We will obtain your medical records, which are the most contemporaneous note of what took place, along with independent medical expert opinion. Both of these will show what has gone wrong with your care and how you have been affected as a result.

Once we have spoken to you and learnt more about the circumstances surrounding your potential claim, we will carry out a risk assessment. If your claim enjoys good prospects of success then we will offer you a “No win – No fee” agreement. 

No, we can also pursue claims against individual practitioners, such as GPs or Dentists, and we can also deal with claims against privately owned healthcare providers such as private hospitals or care homes.

Yes. You typically have 3 years to make a claim from the date that the negligent treatment happened, or, from the date that you first suspected there could have been an error with your care. This 3 year deadline is also known as the Limitation period. If you have not Issued Court Proceedings by the 3rd anniversary of the incident, or the time when you first suspected there had been a problem with your treatment, then you will be statute barred from taking the claim any further forward.

Different time limits apply to cases involving children or people who lack the mental capacity to pursue compensation on their own. We can advise you on the specific requirements that apply to your case.

The length of time it will take to conclude your medical negligence claim will entirely depend on your individual circumstances and the variables surrounding your claim.

If liability is admitted at an early stage, then the claim will be concluded relatively swiftly. However, if the defendant denies liability and we have to Issue Court Proceedings, this will inevitably make the claim last longer.

Whilst every effort is made to work efficiently at all times, the most important thing is getting the right result for you.

The amount of compensation awarded in medical negligence cases depends on may different factors, such as the severity of your injury and how much of what you have gone through could have been avoided. Minor symptoms are likely to be worth a few thousand pounds, whereas life changing injuries will likely attract far higher awards. 

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. This also includes assessing whether you are likely to incur any future costs as a result of your negligent care, and putting provisions in place to ensure you are appropriately compensation to ensure those future costs are met.

Enlisting the right legal support from law firms dealing with clinical negligence can play a crucial role in determining the success of clinical negligence claims. We understand that you want an approachable and authoritative Solicitor who will advise you in a straight forward, jargon-free way. 

Our clinical negligence specialists have been recognised in the Legal 500 – an independent guide to excellence within the legal sector. 

Medical malpractice can have far-reaching consequences for your physical, emotional and financial wellbeing. With this in mind, our team goes beyond proving 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, either in person or virtually. We have offices at Derby, Leicester, Burton upon Trent, Swadlincote and Stoke on Trent.

Martin Bradbury and Anna McLeod lead the clinical negligence practice.

Extremely easy to work with and communication with expert and client is excellent. Extremely thorough. Highly recommend them to all.

Unique is a strong word, but the Smith Partnership ranks high among the firms of solicitors. Their instructions are always clear and to the point. Unlike some other firms that I have had dealings with, they are easily accessible by telephone and they acknowledge correspondence by return.

Martin Bradbury provides precise instructions and invariably grasps the main points of the case. I have found him to be outstanding among medicolegal solicitors.

To find out how our expert team of medical negligence 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.