Medical Negligence Solicitors

Medical Negligence Solicitors

For finding answers and getting justice

If you’ve experienced medical negligence, it's completely natural to feel overwhelmed and unsure of the road ahead. At Switalskis, we're all too familiar with the physical and emotional toll these circumstances can take. That's why we're dedicated to offering not just our legal expertise, but a compassionate ear and steadfast support. 

Our team of clinical negligence solicitors is equipped with the experience, knowledge and unwavering commitment to help you get answers and resolve. We stand beside you, ready to transform a complex and potentially stressful journey into a path marked by understanding, clarity and resolution.

If you're prepared to take the first step towards rightful compensation and resolution, Switalskis is ready to accompany you every step of the way.

Reach out to us today for a free, no-obligation consultation by calling
0800 1380 458, or contacting us through the website.

How Switalskis can help you

At Switalskis, we're not just here to provide legal advice; we're here to provide a helping hand during one of life's most challenging times. From our first conversation, our aim is to listen and support you, quickly establishing the facts and determining if you have a medical negligence claim. But our role extends far beyond that - we're here to stand beside you, championing your rights, amplifying your voice, and doing all we can to build a robust case on your behalf.

Drawing from our vast experience in the sector, we're well-equipped and skilled at building cases. We understand that the path to answers can often be long, and waiting for a resolution can be frustrating. That's why we’ll always try to secure interim payments wherever possible to take some of the financial pressure from you and provide funds for much-needed costs such as care, support and therapy.

A successful claim is about more than just compensation. It’s about gaining recognition for the suffering caused and helping to make sure that similar incidents are prevented in future. Therefore, we'll also aim to secure an apology from the organisation involved, along with any other outcomes that you feel are important for your peace of mind.

We’re here to support, guide and reassure you every step of the way, working tirelessly to make sure that you get the justice you deserve.

Read what our clients had to say about the help they received from Switalskis

We can support you in the following medical negligence situations

What is a medical negligence claim?

A medical negligence claim, also known as a clinical negligence claim, is a legal action taken by a patient or their family against healthcare professionals or organisations. It comes into play when the standard of care provided falls short of what is reasonably expected and causes harm or injury to the patient.

At Switalskis, we understand that taking such a step can be daunting. However, we also recognise the importance of these claims in making sure that patients receive the resolution they deserve, and medical professionals continue to strive for the highest possible standards of care.

Medical negligence claims can result from various situations, including misdiagnosis, delayed diagnosis, surgical errors, or negligence during childbirth. Whether a claim is against the NHS or private healthcare providers, the purpose is the same - to obtain compensation for the pain, suffering and financial loss caused by the negligence.

Making a successful medical negligence claim involves proving two main points:

  1. Breach of duty of care: That the care you received was substandard compared to what could reasonably be expected of a competent healthcare professional.
  2. Causation: That this substandard care directly resulted in your injury or the worsening of your condition.

If you believe you've suffered as a result of medical negligence and wish to discuss your situation with some of the best medical negligence solicitors in the country, contact Switalskis. We're here to listen, support and guide you every step of the way.

Who can make a medical negligence claim?

A medical negligence claim can be made by anyone who believes they've suffered harm due to the substandard care of a healthcare provider. This could be care from a GP, a nurse, a dentist, a surgeon, or any other medical professional - whether within the NHS or in a private setting. We offer guidance and support to anyone considering such a claim, providing clear, jargon-free advice every step of the way.

Here are some scenarios where there could be a medical negligence claim:

  • You’ve suffered due to what you believe to be medical negligence. This might include misdiagnosis, delayed diagnosis, surgical mistakes or negligent care.
  • You’re acting on behalf of a loved one who can’t claim for themselves because of their age (a child under 18) or because they lack the mental capacity to make a claim.
  • You're making a claim on behalf of the estate of a deceased person you believe suffered from medical negligence.

Remember, each case is unique and has its own set of complexities. That's why our team of specialist medical negligence solicitors is here to support you. We're committed to giving you the best possible advice tailored to your specific circumstances.

Understanding the medical negligence claims process

Initiating a medical negligence claim can seem daunting. We strive to make this process as straightforward and stress-free as possible for you. Our goal is to bring clarity to the complex and to guide you seamlessly through each step.

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim, which is known as a letter of response. The letter will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our medical negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Throughout the claims process, our team of medical negligence lawyers is by your side, explaining each stage, answering your questions, and providing the support and advice you need. At Switalskis, we believe that legal jargon should never be a barrier to justice, and we're committed to keeping you informed and confident every step of the way.

Why make a medical negligence claim?

Deciding to make a medical negligence claim is a significant step, often spurred by a need for answers, understanding and closure. You might have been affected physically or emotionally, or perhaps you've experienced financial hardship due to the cost of additional care, treatment or loss of earnings. In these instances, a medical negligence claim can be essential in helping you secure the compensation you deserve to help rebuild your life.

At Switalskis, we understand that no amount of compensation can undo the distress and suffering caused by medical negligence. However, it can be a practical step in addressing the financial burdens that may have resulted from the negligence, enabling access to necessary support, and ensuring future care needs are met.

Also, a medical negligence claim can highlight areas where healthcare providers have fallen short, helping to prevent similar incidents from happening to others in the future. By stepping forward and making a medical negligence claim, you aren’t only defending your rights but potentially safeguarding the wellbeing of others.

How to fund a medical negligence claim

Funding a medical negligence claim might initially seem like a daunting prospect, but rest assured there are several options available that we can guide you through.

  • No win, no fee agreement: Often referred to as a conditional fee agreement (CFA), this is the most common way to fund a medical negligence claim. Under this agreement, if your claim is unsuccessful, you won't have to pay your solicitor's fees. If you win your claim, a success fee (a percentage of your compensation) is payable.
  • Legal Aid: Only available on cases where a child has suffered a neurological injury at birth or within the eight weeks of life (usually a brain injury but does include Erb’s palsy claims).
  • Legal expenses insurance: Some people have legal expenses insurance as part of their home or car insurance policies. This type of insurance could potentially cover the costs of a medical negligence claim.

Our medical negligence team is always very clear at the start in our explanations about potential costs and funding options. We're here to guide you through your choices, ensuring you feel confident and supported at every step of your medical negligence compensation claim journey.

How long do medical negligence claims take?

We understand that you're keen to see justice served as swiftly as possible. However, the timeline for medical negligence claims varies as each case is unique and comes with its own set of complexities.

In more straightforward cases, where liability is admitted quickly, a resolution can sometimes be reached in a year or two. However, more complex cases, especially those involving serious injuries or disputing parties, are likely to take several years to conclude.

Here are the three main factors that will determine how long it takes to settle your claim:

  1. The medical evidence: Gathering and interpreting your medical records and securing independent expert medical opinion is a detailed process and often requires the input of independent medical experts. This can be time-consuming as most cases involve complicated medical issues.
  2. The defendant’s response: If the party at fault accepts responsibility early on, it can speed up the process. However, if they dispute the claim, it is often necessary to start court proceedings, meaning the case will take longer to resolve than if the defendant admitted responsibility at the letter of response stage.
  3. Your recovery: Understanding the full impact of your injury is crucial to ensuring you receive fair compensation. If your recovery is ongoing or uncertain, it may be best to wait until your prognosis is clear before settling the claim, as this ensures all future costs are considered and included in your claim.

At Switalskis, we’ll always move your claim forward as efficiently as possible but we never rush the process at the expense of achieving the right outcome for you. If your case takes longer to resolve, we have a strong track record of securing interim payments in appropriate cases to provide some financial relief upfront. We can only do so if the defendant admits some responsibility, even if they don’t agree they are responsible for all of the damage that has been caused.

Our team is committed to keeping you informed and supported throughout the journey, no matter how long it takes. Our guiding principle is to achieve the resolution you deserve, however long the road may be.

What is the medical negligence claims time limit?

When you've experienced a medical incident, the timeline for pursuing resolve may be the last thing on your mind, yet, it's important to understand the legal time limits involved in making a medical negligence claim as it directly impacts your right to compensation.

As a general rule, you have three years to make a medical negligence claim. This period typically begins from the date of the incident (when the negligence occurred) or from the date you became aware of the harm caused (also known as the 'date of knowledge'). For instance, you may have undergone surgery but only discovered that something went wrong months or even years later - in such cases, the three-year time limit would start from your 'date of knowledge'.

However, there are exceptions to this rule:

  • For children: If the incident happened while the person was under 18, the three-year time limit doesn't begin until their 18th birthday. They have until they turn 21 to make a claim.
  • For individuals lacking mental capacity: If a person doesn’t have the mental capacity to make a legal claim, there is no time limit for someone else to make a claim on their behalf.
  • For fatal cases: If the negligence has sadly resulted in a death, as a general rule, the family has three years from the date of death to make a claim.

The courts may choose to extend these time limits in some circumstances, but this is very rare, so it’s always recommended to seek advice as soon as possible to avoid missing any deadlines.

Our clinical negligence solicitors can guide you on these timelines and ensure your claim is initiated promptly and correctly, providing you the best opportunity for justice and compensation.

How much compensation for medical negligence?

Determining how much compensation you can receive for medical negligence is a complex process, as each case is unique and brings its own set of circumstances to consider. However, at Switalskis, we believe in full transparency and helping you understand how compensation figures are determined. In broad terms, there are two types of compensation (damages) you may be entitled to:

  1. General damages: This category considers the physical and psychological harm you've experienced. It accounts for the pain and suffering endured, as well as the impact on your lifestyle and the potential loss of enjoyment of life. Courts usually follow guidelines set by previous case law to calculate these damages.
  2. Special damages: These are for any financial losses or expenses incurred due to negligence. It can include loss of earnings, medical treatment costs, care and assistance needs, travel expenses, and any future financial loss related to the negligence, such as ongoing treatment or therapies.

Our experienced team of medical negligence experts will assess your case, considering every detail to ensure you receive the maximum compensation you deserve. Whether it's an NHS medical negligence claim, or a claim against a private entity, we have the expertise to navigate these challenging cases effectively.

It's important to remember that compensation won't erase what's happened, but it can provide vital financial support for future care, treatments and adjustments needed to improve your quality of life. For advice on your specific situation, we welcome you to contact us for a free, no-obligation chat. Our 'no win, no fee' service ensures you can pursue justice without financial risk.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our medical negligence claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

Navigating through medical negligence can be daunting and emotionally distressing. In such instances, a reliable and experienced ally by your side is invaluable, which is precisely where Switalskis can step in.

Clarity in complexity

Medical negligence cases can often be complicated, but it doesn’t need to be. We’re committed to making legal jargon easily accessible. We strive to answer your queries, simplify the complex and ensure that you have a clear understanding of each step in the process.

Empathy at every step

We take time to fully understand your unique circumstances. Listening to your concerns, acknowledging your emotions and providing careful advice tailored to your specific needs is part of our approach. You’re more than a client to us - you're an individual facing a difficult situation, and we’re here to extend our wholehearted support.

Expertise you can trust

When handling a matter as significant as a medical negligence case, it's crucial to have trusted experts by your side. At Switalskis, we bring together decades of expertise and a proven record in medical negligence claims. We’re dedicated to advocating for your rights and achieving the most favourable outcome for you and your loved ones.

Many of our solicitors hold accreditations from the Law Society and AvMA (Action Against Medical Accidents) , recognising their expertise in the field

Championing your rights

Our team is committed to upholding your rights and making sure your voice is heard. We’ll guide you through every aspect of the claims process, ensuring you're well-informed and confident in making the right decisions. With Switalskis, it's more than just a claim; it's a quest for justice and your rightful compensation.

FAQs about medical negligence claims

On what grounds can you make a claim for medical negligence?

Making a claim for medical negligence is based upon two essential grounds:

  • Breach of duty: You'll first need to demonstrate that the healthcare professional or institution, such as your doctor or the NHS, breached their duty of care to you. This means that the medical care you received fell below the standard you could reasonably expect from a competent professional in the same field.
  • Causation: Secondly, you'll need to show that this breach of duty directly led to your injury or the worsening of your condition. It's not enough to simply demonstrate negligent treatment - you must be able to link this directly to the harm you experienced.

Given these complex requirements, many people find it incredibly beneficial to engage a specialist medical negligence solicitor. Here at Switalskis, we can guide you through this process, utilising our wealth of experience in medical negligence claims to give your case the best possible chance of success.

Will I need to attend a medical examination when I start my medical negligence claim?

In most cases of medical negligence claims, undergoing an independent medical examination is a crucial part of the process.

An independent medical examination is typically conducted by a medical expert who is not involved in your care. This assessment helps to evaluate your current health status and to establish a clear link between the negligence you experienced and the harm you've suffered.

During this examination, the expert will evaluate your medical history, the treatment you've received, and the impacts these have had on your life. They will then provide an impartial report, which is used as a key piece of evidence in your claim.

Do I need a solicitor for medical negligence?

You're not required by law to have a solicitor for a medical negligence claim. However, these cases are often very complex and involve a high level of detail that requires professional legal knowledge to navigate effectively. A specialist solicitor, such as the highly experienced team here at Switalskis, can make a substantial difference to your case.

We bring clarity to what can seem like a legal maze, breaking down the process into understandable steps. Our solicitors are extremely experienced in managing NHS and private medical negligence claims and are well-versed in the medical language and procedures that can be key to the success of your case.

Remember, you're not just making a claim - you're telling your story. Our team is here not only to provide expert legal advice but also to support you emotionally through what can be a tough process. We aim to get you the medical negligence compensation you rightfully deserve, and perhaps just as importantly, to ensure your experience is heard and recognised.

So, while it's not compulsory to have a legal representative, the right solicitor will make your medical negligence claim a much smoother, less complicated process, and potentially more likely to be successful.

For definitions of terms used in these FAQs, visit our Glossary page


Find out how Switalskis can help you

If you believe that you or a loved one have been a victim of medical negligence, it's crucial to take that first step towards justice. Switalskis is here to guide you through the process, providing expert advice, emotional support and strong representation.

Contact Switalskis today by calling 0800 1380 458 or getting in touch with us through the website to discuss your concerns in confidence with a legal specialis

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