Also in this section
Clinical Negligence and Dental Negligence Claims
In the majority of cases, medical professionals carry out their work to a high standard - however, sadly mistakes do happen. This can cause pain, personal injury, distress and sometimes death.
If you feel you have incurred an injury due to the actions (or lack of action) of a doctor, nurse, midwife, surgeon or dentist, then you may be able to make a claim.
In our experience, many clients not only wish to pursue a claim for money but also to look for answers, and for the reassurance that what has happened to them will not happen to someone else. Where possible we will seek an explanation and an apology.
Fosters has wide experience in pursuing claims for all kinds of medical mistakes. We also understand the human cost of such mistakes, and provide support and understanding to those affected by clinical negligence (also known as "medical negligence").
We offer professionalism and expertise, combined with dedication and sensitivity.
We pride ourselves on our persistence, our ability to win difficult cases, and our willingness to “go the extra mile” for our clients.
Types of Claim
Clinical negligence (sometimes known as "medical negligence") compensation claims can include misdiagnosis, delay in diagnosis, failure to diagnose a fracture, failure to warn of the risks of surgery or treatment, surgical errors, neglect and injuries to a mother or child during childbirth (birth injury claims).
Types of injury include brain and spinal injuries, as well as MRSA or Hospital acquired infections.
Injury can arise from a stay in Hospital, a Nursing Home, a Residential Care Home or from a visit to your GP.
The Law
To pursue a successful claim, we will need to establish certain points.
Firstly, we will need to prove that it was more likely than not ("on the balance of probabilities") that the Doctor was negligent – namely that the standard of care fell below what could reasonably be expected.
Medical negligence claims can be difficult to prove because it is an acceptable defence if the clinical practitioner can show that the treatment given was in accordance with the views of a “responsible body of medical opinion”. Medical opinion often varies over what treatment is suitable and for this reason, clinical negligence claims can be difficult to pursue.
We then have to show not only that the care received was negligent, but also that the negligence actually caused the injury. The treating Doctor may argue that the injury was as a result of the illness itself, and not from the treatment or lack of treatment, or that the injury would have happened even without the negligence.
Making a Claim
Fosters take on clinical negligence cases either funded by insurance or on a "no win, no fee" basis.
First of all we will get your medical records and study them.
Next we will instruct a specialist medical expert to consider whether the treatment was negligent and if so, what damage was caused.
If we consider there is enough evidence to prove the case for clinical negligence, then we will send a letter of claim to the Defendant. On receiving the Defendant’s response we will consider whether Court proceedings should be started.
Clinical negligence cases can be settled by negotiation ie. without the need to issue Court proceedings, but if the Defendant denies it was at fault, Court proceedings will need to be issued and the matter pursued through the Courts.
For an initial free consultation or to obtain further details, please contact us.
Frequently Asked Questions
- Is it possible to win a claim against doctors or the NHS?
Yes. Our Clinical Negligence Department is a team of 4 qualified solicitors and dedicated support staff all working entirely on clinical negligence claims on behalf of patients. We are pursuing many claims at any one time on behalf of patients who have been injured by negligent treatment.
- How can I win my claim?
In order to win a clinical negligence claim an independent doctor must be willing to say that the treatment provided was so poor that no reasonable doctor would have treated a patient in that way. We must also be able to prove that the patient has suffered injury as a result of the negligent treatment. We are able to ensure that the circumstances of your claim are fully investigated and that the right questions are asked of the defendant doctors and the independent medical experts to give your claim the best chance of success.
- Don't all doctors stick together?
No. We spend all day every day working on winning compensation claims and this is only possible because independent doctors provide honest views about the treatment provided.
- How could I ever afford to bring a claim against the NHS?
There are a number of ways of funding such claims, for example:
(a) Public Funding (legal aid).
(b) Legal Expenses Insurance (often attached to household insurance).
(c) Conditional Fee Agreement (often known as "no win, no fee").
Clinical negligence claims are often expensive. The cost of pursuing a claim is different in every case and depends on the amount of work that needs to be done by solicitors, independent medical experts and barristers before the claim is settled. Obviously one of the main factors in this is whether, and if so when, the Defendant is willing to talk about settling the case. The sooner serious discussions can take place about settlement, the lower the costs will be for more information.
- How long will it take?
It usually takes around 12 months to investigate a claim. The tasks which take the most time during the initial investigation are obtaining all of the relevant medical records and waiting for the independent medical experts to produce reports. Settlement can be possible from around 9 months onwards although this depends very much on the nature of the claim. Sometimes claims can go on for a long time after we have obtained evidence to support your claim. As we have said above - one of the main factors in the length of the claim is the attitude of the Defendant towards settlement. We will do everything we can to minimise the time taken to investigate a claim and we will press the Defendants towards settlement by setting out your claim clearly and robustly.
- When should I make a claim?
The basic rule is that a claim must be brought within 3 years of the negligent treatment. Different time limits apply for claims on behalf of children and those who are unable to manage their own affairs. The law can be complex and we would suggest that you contact us as soon as you think that you might have a claim in order that we can consider your individual situation.
- Will it affect my medical care?
Pursuing a compensation claim will not affect the medical care that you are offered.
- Should I make a formal complaint about my treatment?
The NHS recognises that doctors and nurses do make errors and that important lessons can be learned from complaints and claims. Hospitals are encouraged to make a full and frank response to a complaint. Under changes introduced from 1 April 2009 you can now pursue a complaint and ask us to investigate your claim at the same time. It is best to contact us before making any complaint. We will discuss the position and advise you about the limitation period for your claim to ensure that you do not lose the right to make a claim because your complaint takes time to be dealt with.
- If I cannot make it to your office, would you come and see me?
We understand that some of our clients have great difficulty with travel or are immobile. We will happily visit you at your home if you are not well enough to travel to our office.
- What if my legal fees are more than my compensation - Would I have to pay the shortfall?
If you succeed in your claim, your reasonable legal fees will be met by the criticised clinician/Healthcare Trust on top of the compensation they have agreed or been ordered to pay you.
- How do I start my claim?
Telephone us on 01603 620508 for a free, no obligation discussion with our experienced team of medical negligence professionals.
Personal Injury Team
Solicitor
Personal Injury Executive
Solicitor
Solicitor
Solicitor
Trainee Solicitor
Trainee Solicitor