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Medical Negligence Compensation Claims

Have you, or someone you know, received an unacceptable level of care? Do you feel that a medical professional has breached their duty of care to you?

As a result, you may have a claim to launch a medical negligence case.

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Get the compensation you deserve with a medical negligence claim.

When you go for medical treatment, you expect to be treated correctly. In some cases, you may be putting your life in the hands of an expert who you should trust.

You do not expect to leave in a worse way than when you arrive. Unfortunately, when this trust is broken, things can go wrong.

This is where Rothera Bray Solicitors can help. Our medical negligence team can work with you to help you get the compensation you deserve.

 

What constitutes as Medical Negligence?

Medical Negligence claims are also referred to as clinical negligence claims. Claims of this nature can have a life-changing impact on the individual injured.

You may wish to make a medical negligence claim where a breach of a duty of care from a health professional has resulted in harm and loss to you or a member of your family.

Medical Negligence is a form of personal injury that happens when a medical professional breaches their duty of care for you.

As a result, claimants suffer from substandard care. Or they may receive problems resulting from treatment provided by a healthcare professional.

For example, common Medical Negligence cases involve:

  • Misdiagnosis
  • Incorrect treatment
  • Delay in treatment
  • Neglect in medical care
  • Failure to gain consent

Suffering from clinical negligence could mean that you need immediate and long-term care. Because of this, adaptations to your home could be required. Or your injury may be potentially affecting your ability to work in the future.

The impact of a clinical negligence injury can be extremely traumatic and severe. The solicitors at Rothera Bray understand this. That’s why our team are committed to working hard for our clients. It is important to us that you receive the right compensation, and justice, that you are entitled to.

If you believe you’ve had negligent treatment from a healthcare professional, then you may be able to get compensation.

For free advice on whether you can make a claim, contact our team of solicitors.

 

What type of medical negligence cases can you help me with?

At Rothera Bray Solicitors, we can help you make a claim for a range of different clinical cases.

For instance, some of the cases we can help you with are:

Don’t see your injury listed? Don’t worry.

We will still be able to help. Contact our medical negligence team for free advice on if you have a claim.

 

Who can I make a compensation case against?

Claims can be made against any healthcare provider that caused the injury or negligence. However, who you will be claiming medical negligence compensation from will depend on the provider.

NHS Hospital

If your injury or negligence was caused in an NHS Hospital, then you will sue the NHS Trust responsible for that hospital. Your claim will not be made against the individual professional involved.

General Practitioners (GP)

If negligence is caused by your GP, you will need to make a compensation claim against the individual GP rather than the practice. They should have insurance to cover claims against them.

Private Hospital or Clinic

For private hospitals and clinics, claims will be raised against the individual doctor or professional, not the private hospital or clinic itself. They should have insurance to cover claims against them.

Dentists

Should your negligence happen at a dentist, then your case will be against the individual dentist and not the dental surgery. Insurance cover should cover the dentist for claims against them.

Note: there may be exceptions to these rules. But in these cases, your solicitor will advise you who it’s best to make a claim against.

 

What do I need to prove to be successful in a Clinical Negligence claim?

To be successful in a clinical negligence case you must prove two things:

  1. That your treatment fell below an acceptable standard,
  2. That you have suffered injury/loss as a consequence of that unacceptable level of care.

Time limits also apply. Your claim must be made within 3 years of the injury happening or when you first realised you have suffered from an injury.

An exception to this time limit applies to children. In cases related to children, a claim on behalf of a child can be raised any time before their 18th birthday.

Additionally, if the patient cannot manage their own affairs due to mental disability or their mental capacity has been affected, then the time limit does not apply unless they have recovered from their disability.

In both of these exceptions, claims on their behalf can be made by a parent, relative or other people close to the patient.

Because of these time limits, it is recommended to contact us as close to the date of the injury as possible. Clinical Negligence claims can be complex. The more time available to investigate your claim, the stronger your case will be.

Contact us for free to find out if you have a possible claim.

 

How long will my Medical Negligence claim take?

The average claim takes two to three years. But settlement may be possible within twelve to eighteen months on straightforward cases.

A claim can take this long because we need to obtain your medical records and instruct independent medical experts to produce reports.

One of the main factors in the length of the claim is the attitude of the Defendant towards settlement. We shall minimise the time taken to settle your claim by setting out your claim to the Defendants clearly and robustly.

You will be guided throughout the process from start to finish, providing all the support you need along the way.

 

No win no fee – do you offer it for Medical Negligence?

It is possible to make a case on a no win no fee basis.

This type of agreement reduces your risk because there are no legal costs to pay upfront. And if your case is not successful, then you do not have to pay any legal fees, so long as you have co-operated with us and have not misled us.

In other words, you can focus on your recovery, without worrying about legal fees.

But, if your case is successful, then our fees will be no more than 25% of your compensation.

Other funding options are available. We will be able to discuss these with you.

We will not proceed with your claim until you agree and are happy with a payment strategy that is appropriate for you.

Information about No Win No Fee

 

Will I have to go to court?

The thought of having to go to court can be off-putting for many people. Particularly after you’ve suffered from a traumatic injury.

Fortunately, the majority of medical negligence claims are resolved without going to court. Instead, they are usually worked out through negotiations between the different parties.

This means it is highly unlikely that you will need to go to court and attend a trial in front of a judge.

However, if your case does go to court, your medical negligence solicitor will support you in giving you all the advice and help you will need.

 

Why use Rothera Bray for your Clinical Negligence claims?

Rothera Bray Solicitors is a law firm that cares about the individual. Your case is unique to you. Therefore, the circumstances, injuries and the way it affects your life are all unique.

We take notice of that and, as a result, it is why it matters to us that your case will be handled by a dedicated member of our team.

Because of this, we will handle your case to suit your needs.

  • There is no need for you to meet us at our offices, your qualified case handler is happy to meet you at your home or even at the hospital.
  • Possible interim payments can be arranged before settling your compensation claim. Consequently, this can help ensure immediate care, or rehabilitation needs are met.
  • You will get support from start to finish. You will be kept updated on the progress at all stages. Because of this, you know exactly what is happening with your case.
  • Help is given so you can access any additional services you might require, from ongoing medical care to rehabilitation treatment, for instance.
  • Assistance can be made in making a claim for a child or a relative of yours that has passed away as a result of an injury.

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Greg Almond

“We fight to get you the compensation you deserve”

Greg Almond
Senior Associate & Clinical Negligence Specialist

If you’re happy then we’re happy too.

4.8 358 reviews

Posted 27/01/2020

Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

Legal 500, 2017

Posted 27/01/2020

I cannot thank you enough for all you have done for me. I don't know whether you can truly appreciate how incredibly important the success of this matter is to me. I couldn't have done this without you, and there just aren't the words to express my gratitude to you for all this. You have enabled me to have a peace of mind and you just can't put a price on that. Please tell Rebecca how absolutely thrilled to bits I am with the work you have done for me, which is beyond priceless and for which I will be forever grateful

Mediation Client

Posted 27/01/2020

I want to say a massive thank you for all your hard work….I will never forget how you were prepared to believe in me….you energetically pursued my case to achieve the best possible outcome

J Wilson

Posted 27/01/2020

My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

David Armstrong

Posted 12/08/2020

I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

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Posted 30/09/2020

We are in the middle of launching our own packaging agency and contacted Rothera Bray for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rothera Bray.

Tom Burden, Director of Rightbox Ltd

Posted 30/09/2020

Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.

Axl Barber, Sales Director of Rightbox Ltd

Posted 11/02/2021

I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.

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Posted 07/06/2021

Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!

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Posted 07/06/2021

My experience with Rothera Bray was an easy and smooth process, regarding a settlement agreement with a previous employer. They helped me understand all the legal jargon and details and made it very clear what the agreement was asking of me and what they would provide in return without it seeming complicated. They were prompt and resolved any issues or queries I had and I found them to be friendly and professional. I would definitely recommend Rothera Bray to anyone seeking legal advice, even if you've had no experience with a solicitor before, as they're very welcoming and help you to understand everything.

E. Jackson

Posted 06/07/2021

Thank you for all your hard work, which paid off in the end. As well, thank you for your amazing service and support you provided for me all the way through. It was pleasure to work with you and I wish you all the best.

Patrik Fresko

Posted 27/09/2021

I recently had the good fortune to engage Rothera Bray for a company sale. From start to finish, Sandeesh Samra and the team were on hand to give practical and professional advice.

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Contact our Personal Injury Team
Personal Injury
Greg Almond

Greg Almond

g.almond@rotherabray.co.uk

Greg qualified as a solicitor in 2006 and has specialised in Personal Injury for more than 16 years. He acts for clients who have suffered life changing injuries. Greg also specialises in cosmetic and clinical negligence claims.

Ian Johnson

i.johnson@rotherabray.co.uk

Ian leads the Personal Injury & Clinical Negligence department in Leicestershire having worked there for over 26 years, as a Partner for over 23 of those years. He specialises in a wide range of high value serious injury claims.

Claire Cooper

c.cooper@rotherabray.co.uk

Claire Cooper is a Senior Associate in the Claimant Medical Negligence team with expertise in brain injury claims, birth injury to mother and baby, group actions, misdiagnosis and delayed diagnosis of various conditions including cancer, cosmetic, dental, product liability, inquests, fatal claims and more.

Julie Walker

Julie Walker

j.walker@rotherabray.co.uk

Julie Walker is a Consultant in Rothera Bray’s Personal Injury department and has 24 years’ experience in acting for clients who have suffered catastrophic injuries, brain injuries, spinal injuries and fatal accidents.

Lisa Goulding

l.goulding@rotherabray.co.uk

Lisa Goulding is a Clinical Negligence Executive and is primarily based at our Derby office.

Rebecca Howard

Rebecca Howard

r.howard@rotherabray.co.uk

Rebecca is a Serious Injury Executive in the Personal Injury department at Rothera Bray and is based at our Lace Market Office

Seetal Patel

s.patel@rotherabray.co.uk

Seetal Patel is a solicitor in Rothera Bray’s Personal Injury department and is based at our Lace Market office.

Abagail Clarke

Abagail Clarke

a.clarke@rotherabray.co.uk

Abagail Clarke is a Trainee Solicitor in Rothera Bray’s Clinical Negligence department and is based at our Lace Market office.

Katie Sampson

Katie Sampson

k.sampson@rotherabray.co.uk

Katie Sampson is a Paralegal in Rothera Bray’s Personal Injury department and is based at our Lace Market office.

Aleksandra Chrusciel

Aleksandra Chrusciel

a.chrusciel@rotherabray.co.uk

Aleksandra Chrusciel is a Paralegal in Rothera Bray’s Personal Injury department and is based at our Lace Market office.

Swati Kotecha

s.kotecha@rotherabray.co.uk

Swati is based at our Leicester office and is a paralegal within our Personal Injury department. She also has a law First Class Law degree.

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