Medical Negligence Compensation Claims

For the last 25 years, Bolt Burdon Kemp’s specialist medical solicitors have consistently achieved outstanding results for adults and children who have suffered serious injury due to medical negligence.

We offer exceptional direct access to our highly-motivated and committed solicitors who work closely with claimants and their families to guide them sensitively through the litigation process whilst proactively progressing their compensation claims.

We understand that no amount of money can ever undo the devastation caused by serious injury. However, we are experts at fighting medical negligence claims and know how compensation can make a huge difference when managing the consequences of negligence, and so improve quality of life.

We will ensure that you receive not only the very best legal advice but also much needed practical support to help you to adapt and cope with the consequences of medical negligence. Whether you require financial assistance to fund medical treatment, care, therapy, essential equipment, adaptations to your home or to alleviate financial hardship where you have had to stop work, we will seek interim payments for you as soon as is practicably possible.

Our focus is on facilitating specialist rehabilitation at the earliest possibly opportunity (rather than following the conclusion of the claim) as we appreciate that this has greater potential to improve your outcome. We have arrangements with high quality providers of medical and other rehabilitation services to swiftly provide you with the vital support you need.

What are the different types of medical negligence claims?

Over the years we have represented clients who have suffered from a range of issues, illnesses and incidents, including:

Do I have a medical negligence claim?

If you consider that you or anyone in your family have suffered injury as a result of sub-standard medical treatment, you could be entitled to make a compensation claim for the injuries and financial losses arising from sub-standard treatment.

To successfully bring a claim we will need to obtain medical evidence to demonstrate that:

  1. The medical professionals who treated you owed a duty of care and which was breached by following a course of action not supported by a reasonable body of medical opinion
  2. That as a result of the breach of duty, you have suffered injury and financial loss

Subject to proving the above, we will proceed with your compensation claim.

Your compensation will comprise of:

  1. General damages
  2. Special damages

General damages is the part of the compensation attributable to the injury, pain and suffering you have experienced as a result of sub-standard treatment received. This is assessed with reference to expert medical evidence that we will arrange on your behalf.

Special damages are essentially all of your financial losses and expenses arising from the sub-standard treatment, both past and future. These include loss of earnings, cost of any care and assistance, past and future medication costs, rehabilitation and treatment costs.

How much compensation will I receive?

If you are successful with your medical negligence claim, you will receive compensation for both the injuries and the financial losses you have suffered as a result of the substandard treatment you have received.

The amount of compensation you can expect to receive will depend on the seriousness of your injuries and the extent of financial losses incurred.

General damages: Compensation for pain, suffering and loss of amenity

If you are able to prove you have been the victim of substandard medical treatment, you will be able to recover a sum of compensation for your injuries, pain, suffering and loss of amenity as a result of the substandard treatment (not injuries you would have suffered in any event). This element of the compensation is known as general damages”. The amount you recover will depend on how serious your injuries are and how long you take to recover. How the injuries affect you now. The amount of compensation will also take in to account how the injuries may affect you in the future, the limitations they may impose upon you in your daily life (work and personal) and whether the injuries prevent you doing activities you enjoyed before.

Special damages: Financial losses

The principle behind compensation is to put you in the position you would have been in had you not received substandard treatment. You are entitled to claim for all financial losses that flow from the injuries you have sustained as a result of the substandard treatment (not injuries you would have suffered in any event). This element of compensation is known as “special damages”.

Who will pay my legal costs?

We would be delighted to provide you a free, no obligation initial telephone consultation to discuss your potential compensation claim. If we think you have a strong medical negligence claim, we will find the most appropriate funding solution for you.

The main options are:

  1. “No win, no fee” agreement otherwise known as a Conditional Fee Agreement
  2. Legal Expenses Insurance
  3. Legal Aid
  4. Private paying

Click here to read more about the funding options available to you.

What are the time limits for medical negligence claims?

Strict time limits apply to making a claim, which if missed, could result in losing the right to claim compensation. It is important to contact a solicitor as soon as possible if you suspect you have suffered injury and loss due to sub-standard treatment.

For these claims, you must issue proceedings in the high court or the county court against the defendant(s) within 3 years of your “date of knowledge”. This is the date when a reasonable person in your situation would first have had knowledge that:

  • That your injury was significant
  • That your injury was either totally or partly caused by an act (or a failure to act) which you believe was negligent
  • Of the identity of the person (or organisation) who you believe was negligent

Failure to issue court proceedings within this deadline could result in your claim being time-barred and you could lose the right to claim compensation.

If, as an adult you did not have the mental capacity to instruct a solicitor to make a claim, the clock doesn’t start ticking until you have regained capacity.

If the claim concerns a child, then court proceedings must be issued by your 21st birthday to protect your right to make a claim. Failure to take this step could result in your claim being time-barred and you could lose the right to claim compensation.

What happens after my claim is won?

Protecting your means-tested benefits

Your financial circumstances change when you receive personal injury compensation. This means your means tested benefits may be at risk. You can however protect your entitlement to your benefits and benefit from your compensation by setting up a personal injury trust. Our specialist medical negligence solicitors will be happy to advise you if this is applicable.

The costs process

The legal costs associated with your claim include solicitor fees, barrister fees, experts’ fees, court fees and fees charged for obtaining records for your case.

When you win your claim, it is usual for the Defendant to pay most, if not all of your legal costs. Deciding how much the Defendant must pay can be a lengthy process. If we are unable to agree how much they must pay the court will decide. If the court has to decide the process can take in excess of 6 months. We have a specialist team who work independently of medical negligence solicitors to ensure the costs process is dealt with speedily and to your advantage.

Investment advice

Investing your personal injury compensation requires careful thought and often specialist advice. We can make a personal recommendation to an appropriate adviser on request.

Rehabilitation

In many claims for medical negligence compensation, your current medical situation and future prospects may be improved by appropriate medical treatment including surgery, physiotherapy, counselling or care (given at the earliest opportunity, rather than waiting until the claim has been settled). We have arrangements with providers of medical and other rehabilitation services to get you back on your feet as soon as possible.

If you or a loved one has suffered as a result of substandard care, please contact our medical negligence team on 020 7288 4800 or complete our online medical negligence enquiry form.

  • "Thank you for taking my case on and working hard for me."

    Moghadam Reza

  • "Dear Jo, Thankyou for everything you did for me, your expertise and compassion in my difficult case. B.B.K are a team of highly understanding caring professional team of solicitors. Thanks again to Jo and her team."

    Dennis Parkinson

  • "I can wholeheartedly recommend Bolt Burdon Kemp, and particularly solicitor Alex Dabek, if you’re involved in any litigation arising out of a medical matter. When my mother fractured her shoulder after falling over in unfortunate circumstances while in the care of a hospital, I was at my wits end and when she died several weeks later, I really didn’t know…

    Barry Cain

  • “Thank you for everything, all your help, understanding and respecting my wishes through my case, one of which was to complete the case as soon as possible. You were always easy to talk to and so polite. You were always very honest and very clear about everything, which give me confidence and trust in you. I can't describe in words…

    Ms E

  • "Claudia was kind to my family on the phone. It was terribly hard for mum to give her statement and Claudia assisted her writing it sympathetically which removed a great burden.”

    Rebecca Woods

  • "I have for more than a year enjoyed the privilege of working alongside Jo Chapman in a difficult fatal accident case in which we separately represented the infant and adult claimants. That we achieved such a great settlement at round table conference on 6 March 2012 is down to her remarkable understanding of the strength of good evidence and her…

    Grant

  • "The outcome has been way above any expectations...Once again many thanks for all your hard work and effort, I am very grateful."

    Christopher O'Connor

  • "The first time we met you Jo (Chapman), both Brian and I came away from that meeting confident and happy that you were the right person to represent Danny (in fact I can recall saying "Boy, I'm glad she's on our side!"). Our judgement was not misplaced. You've been absolutely brilliant! The outcome is the best we could have hoped…

    Sheila Kiff

  • “Thank you from the bottom of my heart to you, Ruth and Tom for taking on both of my cases. There will always be a special place in our hearts for you.”

    Mrs Brown

  • "I dont really know what else to say as I am shaking with happiness and excitement right now. Your firm is amazing and I have never ceased to be overwhelmed by the incredible results you have achieved for me. Thank you so much for everything."

    Mark Fraser

  • “We would like to express our sincere thanks to you for all your hard work, kindness and support through this last couple of years of getting me the compensation.”

    Mrs Brown

  • "Ipek's assistance with my Father's medical negligence claim was second to none, she kept me informed, really progressed matters and showed genuine empathy with myself and my family. Having previously enquired with another firm I was so pleased we chose Bolt Burden Kemp as we weren't just another number and we felt like we mattered to Ipek & the firm."

    Rachael Waring

  • "Thank you for your help and support over the last 3 years. Karen and Jo and Eve all worked hard to achieve a final settlement. I really appreciate all the hard work to finally get there. Thanks once again to all at Bolt Burdon Kemp."

    Hazel Rabin

  • "I just want everybody to know how patient you were and that you were looking out for my care and got me the best treatment. I’m 99 percent better than I was and with your help and the fact that they admitted they had messed up I have a different outlook on life and I can start my life again.…

    Ieuan Williams

  • “I approached Bolt Burdon Kemp with a very personal, intricate and difficult clinical negligence claim against the NHS, one that involved a great deal of detail, personal trauma and uncertainty. Philippa Tuckman handled my case. I can not speak highly enough of Philippa's professionalism, attention to detail, care and support during several years of legal action, exasperated by the nature of…

    A D Medical Negligence Client

  • "Thank you for the cheque, it is safely in a high interest bank account now! So I wanted to thank you and your team for the years of hard work you put into my claim. Thanks to the barrister; Emma who had a child while this was all going on, went on maternity leave then came back and continued with…

    Martin O'Hara

  • "Raquel gave me a very individual service, I never felt like 'another client'."

    Stefania Giraldi

  • "I honestly cannot put in to words how grateful I am to you, for the way in which you have handled the claim. The way in which you have approached the claim in a professional but understanding manner really have been above and beyond what I expected."

    Matthew Patterson

  • "Raquel, In my opinion you are wonderful, not just because of the outcome of my case but because of how supportive you were to me. Best Regards Bella x"

    Isabella

  • "Thank you immensely for all your help and kindness during my case."

    Florence Bello

  • "To all the staff at Bolt Burdon Kemp Solicitors - for your kindness, for who you are, for what you'll always mean to us."

    Seth Henry & family

  • “Ipek, I would like to thank you for all your hard work in settling this for me; you have been supportive, professional & sensitive throughout & have given me the confidence to pursue justice for what has been a very traumatic & challenging experience & I am so grateful for your efforts.”

    Medical Negligence client

  • "I want to thank you so much for everything, I am so glad we found you, because of you, our lives will hopefully be a lot less stressful. Even though it cannot fix my health problems, it at least gives us peace of mind that whatever may happen in the future, we have choices we may never had had before,…

    Lisa Johnson

  • "Dear Caroline, Catherine, Melanie and Alex, Mere words cannot express what you all have done for George and our family as a whole ... It has been a a very long journey but we finally got here with all of your great understanding and expertise and advice…"

    George Ponos and Family

  • "I am writing this letter to express my deepest thanks and gratitude to your team. I would like to thank the whole legal and medical teams for all they have done and achieved for my wife. When my wife was dreadfully affected by the negligence of the hospital a friend of mine recommended Bolt Burdon Kemp. Throughout the case, the…

    Mr Rummun

  • "I would like to thank you for resolving this matter. I have been extremely impressed with the professional service your company has provided throughout the case. I highly recommend your company to others."

    Darren Beattie

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