Experienced specialists in all aspects of Medical Negligence law
Medical negligence can seriously affect your wellbeing and quality of life, not to mention your finances. Making a legal claim may sound intimidating, but our expert lawyers are experienced in guiding people through the process, making you feel at ease, and helping you gain the right care and compensation.
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What is Medical Negligence?
Medical negligence (sometimes referred to as clinical negligence) is when a healthcare professional, such as a doctor, nurse, or midwife, causes injury to a patient through failing to fulfil their duty of care, which can put you at serious risk. No matter whether the professional is operating under the NHS or working in private healthcare, you may be able to make a claim.
Medical negligence can have a variety of effects such as: causing new injury or pain, worsening an existing condition or, in some severe cases, resulting in loss of life. Negligence by a healthcare professional can be a distressing experience for you, your family and all those involved.
We are here to ensure that you receive the right result. There are a variety of areas in which claims can be made. We can assist you in many of these areas of medical negligence including:
- Inquests and loss of life claims
- Accident and Emergency claims
- Brain Injury claims
- Cancer claims
- Cerebral Palsy claims
- Fracture claims
- Claims against General Practitioners
- Pregnancy and Birth Injury claims
- Pressure Sores claims
- Surgery claims
If you are uncertain whether you have a medical negligence claim, or if you have any other queries, contact us today to receive the information you need from our specialist solicitors.
When can I make a Medical Negligence claim?
In most cases, claims need to be made within three years from when you either suffered negligent care, or three years from when you first discovered your injury or condition. However, this time restriction can vary depending on the circumstances of your case.
For example, when making a claim for a child, the three year time restriction begins after the child turn 18 years old. Likewise, someone who lacks mental capacity and cannot make a claim on their own may also be exempt from the restriction.
You should contact our medical negligence solicitors as soon as possible so that you can provide as much detail as possible about what has happened to you and so that we can start the process for you. We will contact the body responsible for your negligent treatment and determine whether they will accept responsibility, after which we can start to claim compensation.
What can compensation help me with?
A successful medical negligence claim can help you in various ways. You may be able to get back money which you have lost from missing time off work, or any expenses that might be necessary such as travel. It can also fund further treatment that you may need as a result of negligence along with any home adjustments that are necessary to help you in your day-to-day life.
You could also receive interim payments should the person(s) in question accept responsibility. These are payments which are provided in installments throughout the process and can help with any ongoing rehabilitation. They are useful when you need to fund any specific care. Interim payments are deducted from the final settlement.
Alongside the financial and social compensation, the peace of mind and confidence that clients feel after their settlement is just as important.
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How is Medical Negligence advice funded?
There are various options of funding for claims. Many of our cases are funded using Conditional Fee Agreements, (also called a ‘No Win No Fee’ agreement). In a Conditional Fee Agreement, you will only pay for our solicitors’ work if we win the case for you. In very limited cases we can offer advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
How can Switalskis help me?
We will help you establish the facts quickly and determine whether or not you have a valid claim. From there, we will help you to build a case against the organisation and help you achieve a fair level of compensation, an apology from the organisation and anything else that you feel is important.
With our experience of the sector, we're very well-placed to build a compelling case. If your case should take years to settle - as many do - we have a strong record of achieving interim payments to bring you some compensation up front rather than having to wait until the case is settled.