Medical Negligence FAQs

The first question you might be asking yourself is ‘what is medical negligence?’ Medical negligence occurs when a medical professional or organisation provides substandard care to a patient resulting in injury or illness, or in some instances, causing an existing condition to get worse.

There are two separate things that we would be required to prove:

1. The healthcare professional or organisation failed to carry out their duty of care
2. Avoidable harm was caused as a result of the negligence

How do I make a claim?

If you or someone you know has been a victim of medical negligence, the first step is to contact our team of expert solicitors.

Hudgell Solicitors offer a free no obligation consultation to talk about what happened and to help understand whether or not we think you have a claim.

We’ll do all we can to take the worry and hassle out of making a claim and gather all the medical evidence to make sure your case is as strong as possible.

Is there a time limit for medical negligence claims?

There is usually a three year time limit in place for claiming medical negligence compensation. This time limit will run from either the date that the negligence occurred or from when you first became aware of the injury being caused by negligence.

Are there exceptions to this time limit?

• Children

For under 18s, the three-year time limit for claiming compensation does not apply. However, when a child does turn 18; the three-year time limit comes into effect on their birthday where legal proceedings have to start before their 21^st birthday.

• Adults without mental capacity at the time of the alleged negligence

The time limitation does not begin until the legal incapacity is removed or in the case of a patient being treated under the Mental Health Act 1983, from when they are discharged as a patient.

How is a medical negligence claim funded?

Our clinical and medical negligence claims are funded through a No Win No Fee agreement, meaning that there is no financial risk to you.

There are a number of other ways that may be available to you, including:

• Legal Aid
• Legal expense insurance
• Conditional fee agreement
• Private funding

Please see our Terms of Business for full details on funding options available.

Why should I make a claim?

A claim will be able to provide financial compensation which will go towards making life more manageable following the incident. It will go towards enabling you to have the best quality of life and covering any expenses or loss of earnings that you may have incurred along the way.

We will take into account factors such as further treatments needed, possible adaptations to your home or care costs that may have arisen following the negligence.

Do I have to make a complaint about my medical negligence?

It is not always compensation that is sought when someone has been affected by substandard medical treatment. Sometimes people simply want an apology for the suffering that has been caused and to be assured that it won’t happen to anyone else.

Our solicitors can talk you through the process of making a complaint should this be all you wish to do and can give advice on whether or not you should be pursuing a claim.

Resources:

For more information on making a formal complaint about medical treatment and possible medical negligence, please download the following:

How to make a formal complaint about negligent medical treatment