Medical Negligence Claims: Frequently asked questions
When should I make my medical negligence claim?
The general rule is that court proceedings for a claim must be issued within three years from the date upon which you knew (or ought reasonably to have known) that you suffered an injury as a result of medical negligence. In the case of a child the three year time limit does not begin until the age of 18. These restrictions do not apply to patients with a mental incapacity.
Who can I claim against?
Medical or clinical negligence claims cover the whole range of professional healthcare practices and are not just limited to hospital or medical treatment. For example claims can be made in respect of treatment provided by doctors, nurses, opticians, dentists, therapists, pharmacists, nursing homes and practitioners of alternative medicines, whether the treatment was private or on the NHS. Ashton Morton Slack have a great deal of experience dealing with a wide variety of healthcare professionals.
Can I complain to the NHS about my medical treatment?
If all you want is an explanation or apology, talk to the healthcare provider involved. This will help rule out any genuine misunderstandings. If the problem remains unresolved, make a formal complaint in writing, to prompt an internal enquiry. There is a formal procedure for complaints to the NHS which you can find on the Department of Health website, www.dh.gov.uk A complaint should generally be made within six months, but will not result in compensation.
Can I claim compensation for medical negligence?
If you have suffered an injury as a result of negligent medical treatment, you may be entitled to compensation. However, a poor or unexpected outcome does not necessarily mean that there has been medical negligence. These claims are rarely straightforward and we suggest you speak to Ashton Morton Slack for professional advice as soon as possible.
What must I prove to recover compensation?
To establish medical negligence, you must prove that:
- the treatment in question fell below the standard of a reasonably competent medical practitioner;
- you have suffered an injury; and
- your injury was caused by the substandard care.
Doesn’t the medical profession close ranks?
It is essential to instruct independent medical experts who do not know the hospital or doctors involved in your treatment to advise on the relevant medical issues. We have contacts with many independent experts throughout the country. Please however note that the expert’s overriding duty is to the court, rather than to our clients or Ashton Morton Slack.
How do I prove medical negligence?
Your medical records will be assessed by one or more independent medical experts. The merits of the claim will then become clearer. We will guide you through this process. If your claim is defended, there will be medical specialists arguing the case for each side.
How much is my claim worth?
Unfortunately it’s usually impossible to value a medical negligence claim until we have received a medical report. The claim’s value will depend on the extent of your injuries, the consequences those injuries may have for the short and long term and the extent of any financial losses and expenses suffered as a result.
Will my compensation claim end up in court?
The vast majority of medical negligence claims are resolved one way or another without the case ever going to a trial in court. At Ashton Morton Slack our aim is to achieve a negotiated settlement. We are experienced in negotiating with the NHS and their solicitors. However, if it becomes necessary, we will protect your best interests by taking your case through the court system.
How long will my medical negligence claim take?
This will depend on whether liability is admitted or not. In some cases, liability is admitted early on. In other cases liability is never admitted. If liability is not admitted and we believe the claim has good prospects of success, we will issue court proceedings and the matter will proceed to trial, in which case it is likely to take a minimum of three years to be resolved. Even after an admission of liability for medical negligence, it can still take time to quantify all the consequential financial losses.
How much will it cost to make a medical negligence claim?
We offer a free initial consultation without obligation, to discuss your situation. We will advise you what further steps you can take and what financial assistance is available. If your medical negligence claim is worth pursuing further, you may well be eligible for public funding (Legal Aid). Ashton Morton Slack is one of the few firms franchised by the Legal Services Commission to offer Legal Aid to clients who qualify for it financially. We will also advise you on other methods of funding legal costs such as legal expenses insurance, or ‘no win, no fee’.
I’ve been off work and lost money. Can I claim this back?
Yes, if the loss has been caused by your injury you can claim it back as part of your compensation. Make clear to us any losses at the start of the process and we will include them in the medical negligence claim.
What else can I claim?
You can claim any out of pocket expenses including nursing care, rehabilitation aids, travel, medication or treatment incurred as a direct result of your injuries. Be sure to keep a continuing record of your financial losses backed wherever possible by documentation, such as receipts.
My claim has been rejected by claim handlers/other solicitors. Should I give up?
At Ashton Morton Slack we have a strong record in medical negligence cases that have been rejected before. We have solid experience that helps us approach cases intelligently and we enjoy a challenge. You should speak to us about the real chances of your case before you abandon all hope!