Medical Negligence Claims

FAQs

• Can I claim for medical negligence?

  Have you – or anyone in your family – suffered injury as a result of what you believe to be sub-standard medical treatment? If the answer is ‘yes’, you could be entitled to claim compensation for negligence. The aim is to reflect the injuries and financial losses that you suffered through no fault of your own.

  To successfully start a medical negligence claim, we will need medical evidence which shows that:

  1. You were owed a duty of care by the medical professional(s) who treated – or failed to treat – you.
  2. The professional(s) breached their duty of care by taking action that was not supported by a reasonable body of medical opinion.
  3. You suffered injury and financial loss due to that breach of duty.

  If we can prove the above, a medical negligence solicitor will be able to proceed with your claim.

• How do I start a medical negligence claim?

  1. Get in touch

  For a free initial consultation, contact our medical negligence claims team on 020 7288 4800 or complete our online form. This is a chance for you to tell us what happened in your own words. Our team can then advise on whether you have a claim.

  2. Funding options

  If we believe that you have a claim, we’ll then help you determine the best funding arrangement for you. You can find out more about the different options available in our legal fees guide.

  3. Medical records

  We’ll request medical records from your healthcare provider(s) to identify incidences of sub-standard treatment.

  4. Expert opinion

  If your medical records support your claim, we’ll instruct a medical expert to examine you and provide a report on the suffering caused by the negligence.

  5. Letter of claim

  Once we have received supportive evidence from the medical experts, we will write a formal ‘letter of claim’ to the medical professional(s) responsible for the sub-standard treatment.

• Do medical negligence claims go to court?

  Your solicitor will do everything possible to make sure that you receive compensation for both your injuries and financial losses. If the other party admits fault, we can then focus on valuing and settling your case. If not, however, the process might take longer. Even so, it is still rare that a claim will need to go to court. Most medical negligence claims are settled before it gets that far.

• How much compensation will I receive?

  If you are successful with your claim, you will receive compensation for clinical negligence. How much you receive will be based on your injuries and personal situation. Your solicitor takes all of this into consideration when working out how much your claim is worth.

  1. Compensation for pain, suffering and loss of amenity

  The first part of your compensation is for your injuries, pain, suffering and loss of amenity. The amount depends on how serious your injuries are, how long you take to recover, and the long-term impact your injuries are having on you.

  2. Financial losses

  In addition to compensation for your pain and suffering, you are entitled to claim for all financial losses that flow from the injuries that you sustained due to your sub-standard treatment.

• What are the time limits to make a claim?

  Strict time limits apply to medical negligence claims. If missed, this could result in losing the right to claim compensation.

  You must issue court proceedings within three years of your “date of knowledge”. This is the date when a reasonable person in your situation would first have had knowledge of a potential claim.

  Contact a solicitor immediately if you suspect you have suffered injury and loss due to substandard treatment.

  Adult claims

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

  Child claims

  If the claim concerns a child, then court proceedings must be issued by the child’s 21st birthday.

• How common are medical negligence claims?

  For some of our clients, making a medical negligence claim can feel like a step into the unknown. But that is where we can help. This type of claim is not as rare as you might think – and it is why we can offer real experience when it comes to advising you about your claim.

  NHS Resolution is the organisation that works to resolve claims on behalf of the NHS in England. According to its 2020-21 report, more than 15,000 claims were settled during a 12-month period. And more than half saw patients receive compensation for the injuries that they had suffered.

• Can I claim against the NHS, GPs or Private Hospitals?

  Negligence can happen at any stage of the care pathway – from an initial GP appointment to a post-referral treatment from an NHS consultant or department. It could also occur at a private hospital or its treatment facilities.

  In each case, our medical negligence specialists must follow a specific process to examine and set out your complaint. From that, they will be able to establish if you have a viable claim.

• How else can Bolt Burdon Kemp help as part of my claim?

  Protecting your means-tested benefits

  Your financial situation changes when you receive compensation. As such, your means-tested benefits may be at risk. You can protect your entitlement by setting up a personal injury trust.

  Investment advice

  Investing your compensation requires careful thought and specialist advice. At your request, we can make recommendations of appropriate advisors who can advise you on how best to invest your compensation.

  Rehabilitation

  Your medical situation and future prospects may be improved with rehabilitation and treatment. We work with medical care providers who can get you back on your feet as soon as possible.

• What can medical negligence Compensation Pay For?

  The aim of compensation for clinical negligence is to make sure you get the support you need in your day-to-day life following an injury. A good level of compensation can give you access to the care and support that is appropriate for your individual needs – for the rest of your life.

  Your compensation can help you to manage:

  • Loss of earnings due to your injury
  • Further treatments
  • Adaptations to your home
  • Care costs
  • Expenses

• Who will pay my legal costs?

  If you have a claim, we will find a way to fund it for you. The four main types of funding are:

  1. ‘No win, no fee’ agreement
  2. Legal Expenses Insurance
  3. Legal Aid
  4. Paying privately

  When you win your claim, it is usual for the Defendant to pay most, if not all, of your legal costs. We have a specialist team who work to ensure the costs process is dealt with speedily and to your advantage.

• What can I do if I’m not happy with my solicitor?

  Have you started a claim with another medical negligence lawyer? Are you unhappy with the service that you’re receiving? If so, you can change your solicitor without having to justify why.
  The litigation process is stressful as it is so you’re fully entitled to move to a different medical negligence law firm if you’re unhappy with your current one. This is particularly the case if the relationship of trust and confidence has broken down.

  If you’d like to discuss moving from your current firm to Bolt Burdon Kemp, just give us a call or send us a message using our contact form. If you decide that we could be a better fit for you, we can contact your old solicitor to get all the information that we need and transfer your case.
  You may still need to pay your old solicitors for the time they spent on your claim, but we can help you with this too. Read more about this process in our article on changing your solicitor if you’re unhappy.