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Medical Negligence FAQs
What is clinical + medical negligence?
How do I claim for clinical or medical negligence?
How long do I have to make a claim?
How much will it cost to make a claim?
Is Legal Aid available for my medical negligence claim?
How do I make a complaint against the NHS?
Where is your medical negligence team based?
What are the causes of Cerebral Palsy?
How is Cerebral Palsy diagnosed?
What causes Erb’s Palsy?
What are the symptoms of Compartment Syndrome?
How is Compartment Syndrome treated?
What are the signs of Meningitis?
What are the effects of Meningitis?
Who is an ‘interested party’ to an inquest?
What is an Article II inquest?
This is the area of law that enables you to claim compensation for injury or loss suffered as a result of poor medical treatment.
A healthcare professional may provide negligent medical treatment if they fail to provide a service that meets the minimum acceptable standard for their profession. This could include failing to diagnose a condition, prescribing the wrong medicine or making a mistake during surgery.
However a mistake doesn’t automatically entitle you to compensation. You also need to prove that the negligent treatment caused your injury or loss.
If you’re considering suing a hospital or a medical professional for clinical or medical negligence, you’ll need to consult a solicitor and make a compensation claim through the courts.
To be successful, we need to prove that the care you received fell below the accepted standard for that profession and that you suffered physical or psychological injury as a direct result.
Our specialist medical negligence lawyers will explain the claims process to you in detail. They will also obtain your medical records and consult medical experts before assessing whether your negligence compensation claim is able to be pursued.
Medical negligence claims must be issued within three years of the negligent treatment, or within three years of you knowing of potential negligent treatment. Exceptions apply to children and adults with mental difficulties. We recommend that you contact our clinical and medical negligence lawyers as soon as possible to talk about your options.
It depends entirely on the nature and complexity of your clinical negligence claim. If you have a suitable basis for a claim, we may be able to offer a funding arrangement, such as ‘no win, no fee”.
For further information and an overview of your options, visit our page on funding your medical negligence claim.
Alternatively call our specialist team on 0117 325 2929 for an informal chat.
Legal aid is only available in cases involving children who have suffered serious brain injury during pregnancy, childbirth or during their first eight weeks of life.
If this injury has resulted in severe disability to the child, public funding may be available to investigate a medical negligence claim.
To check whether your child is eligible for medical negligence legal aid, call us on 0117 325 2929. We can let you know whether your claim might qualify in principal for assistance. We can also make a legal aid claim on your child’s behalf.
If you believe that the medical treatment you’ve received from the NHS has fallen below an acceptable standard, you have the right to complain. Visit our downloads page to read our Guide to: Making a complaint against the NHS. This contains information about the ways in which you can complain and the assistance we can give you.
We’ve based our clinical and medical negligence solicitors in Bristol; however we act on behalf of clients based throughout the UK.
The most common causes of Cerebral Palsy are cerebral hypoxia (poor oxygen supply to the brain) or the baby being born very prematurely. Following birth, Cerebral Palsy can be caused by an infection of the brain, such as meningitis and encephalitis, or as a result of a head injury.
A paediatrician will assess your child’s reflexes, posture, motor skills and muscle tone. You may also be referred to an educational psychologist so your child’s intellectual development can be assessed. Other tests may include blood tests, an MRI scan, CT scan and cranial ultrasound.
Whilst a cerebral palsy diagnosis can be made from 2 years old, the type and severity may not be determined until your child reaches 5.
If you feel you may have a Cerebral Palsy claim, call our team of clinical negligence solicitors on 0117 325 2929 to discuss your options.
Erb’s Palsy is largely unpredictable and unpreventable; however there are several known risk factors. These include delivery of a large baby, babies born to diabetic mothers and those who’ve previously had a child with shoulder dystocia.
Symptoms of Compartment Syndrome include severe pain and paleness of skin in the affected limb, weakness and decreased sensation/numbness. The skin over the compartment may also be swollen and shiny.
If diagnosed quickly, the prognosis for recovery of the muscles and nerves within the compartment is good. However severe cases may require fasciotomy surgery to improve blood flow and prevent development of a permanent disability. This involves an incision being made in the fascia to release the pressure with the wound being left open for several days. Further surgery is required to close the wound and a skin graft may be required.
If you feel you may have a medical negligence claim, call our team on 0117 325 2929 who will be happy to discuss your options.
Signs of Meningitis differ between babies, children and adults, but can include symptoms such as a severe headache, vomiting, high temperature, stiff neck, sensitivity to light and a skin rash.
The majority of people who seek treatment for Meningitis recover fully with no ill effects. However Meningitis can cause of range of mental and physical disabilities, including learning difficulties, behavioural problems and hearing loss, the effects of which vary in severity and can be permanent.
An interested party is one that has a right to examine a witness at a death inquest. They include a member of the deceased family (or a solicitor instructed to represent the family), a beneficiary under the deceased life insurance policy, a person or body who may have caused or contributed to the death or any other person the Coroner deems to be ‘properly’ interested.
An Article II inquest is held when the death involved a government agency, such as the police or prison service, or if the person died whilst detained under the Mental Health Act. The majority of Article II inquests are held with a jury.