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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 as you arrive. Unfortunately, when this trust is broken, things can go wrong.

This is where Rotheras 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. We understand that at Rotheras. 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 cases can you help me with?

At Rotheras, 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 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 for medical negligence compensation 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 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 you claim, the stronger your case will be.

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

 

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 solicitor will support you in giving you all the advice and help you will need.

 

Why use Rotheras for your Clinical Negligence claims?

Rotheras 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.

Contact our Personal Injury Team

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Greg Almond

“We fight to get you the compensation you deserve”

Greg Almond
Senior Associate & Clinical Negligence Specialist

 

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Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view

Chambers UK, 2019

Posted 27/01/2020

Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.

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Contact our Personal Injury Team
Personal Injury
Greg Almond

Greg Almond

g.almond@rotheras.co.uk

Greg qualified as a solicitor in 2006 and has specialised in Personal Injury for more than 14 years. He acts for clients who have suffered life changing injuries. Greg also specialises in cosmetic and clinical negligence claims.

Paul Smith

Paul Smith

p.smith@rotheras.co.uk

Paul Smith is a Personal Injury Solicitor at Nottingham-based law firm Rotheras Solicitors; he has 19 years’ experience working as a Personal Injury solicitor, covering a broad range of injury cases.

Jasmine Jackson

Jasmine Jackson

j.jackson@rotheras.co.uk

Jasmine Jackson is a trainee Solicitor in the Personal Injury department at Rotheras and is based at our Lace Market Office.

Rebecca Howard

Rebecca Howard

r.howard@rotheras.co.uk

Rebecca is a Senior Paralegal in the Personal Injury department at Rotheras and is based at our Lace Market Office

Holly Setchfield

Holly Setchfield

h.setchfield@rotheras.co.uk

Holly is a Senior Paralegal who assists within the Personal Injury Department based in our Lace Market offices.

Hannah Manewell

Hannah Manewell

h.manewell@rotheras.co.uk

Hannah Manewell is a Personal Injury Solicitor at Nottingham-based law firm Rotheras Solicitors and has spent the entirety of her 13 year career working in Personal Injury, covering a broad range of injury cases.

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