What is medical negligence?

Medical negligence, also known as clinical negligence, refers to the poor care provided to patients by medical professionals, that’s made an existing condition worse or has caused an additional condition. In these situations it may be possible to claim for compensation.

Medical negligence claims can be quite complex cases as there needs to be a level of understanding of the medical conditions that can arise from negligence, as well as the medical procedures and errors that can lead to such conditions. It’s therefore extremely important if you decide to make a claim, that you instruct a specialist medical negligence solicitor to represent you.

How do you know if a medical negligence solicitor is a specialist?

Slater and Gordon’s medical negligence solicitors are specialists in what they do. Rather than dealing with various types of claims, they only represent those who’ve suffered medical negligence, so have a huge amount of experience in this field.

We’re highly ranked in independent legal guides such as Chambers and Partners and Legal 500 and have lawyers accredited by organisations such as the Association of Personal Injury Lawyers (APIL) and Action Against Medical Accidents (AvMA).

We’ve also won several awards over the years for our specialism, including our award winning industry expert and head of practice, Emma Doughty, who was awarded ‘Outstanding Achievement of the Year’ at the Personal Injury Awards 2018 for her work on the case of negligent surgeon, Ian Paterson. Emma was the lead solicitor on this case and successfully negotiated a £37 million global landmark settlement which encompassed 750 compensation claims. Spire Healthcare has recently set up a new compensation fund for victims of Paterson and Emma is once again a lead solicitor on this case.

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Do I have a medical negligence claim?

As these claims can be complex, it’s unlikely that you’ll know for sure whether you’re able to make a claim for medical negligence. It’s therefore important that if you believe poor care has led to your condition getting worse, or has caused an additional condition, that you contact expert medical negligence solicitors as soon as possible.

Slater and Gordon’s medical negligence team not only has specialist legal experts, but also has a medical team including:

• Helen Stanley, who is a fully trained and highly experienced midwife. She is on the Nursing and Midwifery Council (NMC) register and is still in active clinical practice at both hospital and private practice level.
• Gill Barnes, who is a litigation nurse with over 20 years’ experience in all aspects of general nursing including oncology, brain injury and paediatrics. Gill also trained as a midwife.

Given the legal and medical expertise we have within our team, we’ll be able to advise you whether or not you’re able to make a claim.

How do I make a claim?

If you think there’s a possibility you have a claim for medical negligence and you contact Slater and Gordon’s experts, you’ll first speak to one of our specialist medical negligence advisers who will take details of your case.

Our clinical support team, comprising of medical negligence solicitors and our specialist medical team, will then review whether or not you have a claim. If you do have a claim, they’ll ensure your case is allocated to the best lawyer to represent you in your case – one with the highest level of knowledge of your condition and the complexities involved in your case.

Your allocated specialist medical negligence lawyer will then contact you without delay and begin working on your case.

For more information, talk to one of our experts on 0330 041 5869 or contact us online.

How much does it cost to make a medical negligence claim?

The cost of instructing a medical negligence lawyer can sometimes be a concern, especially as it most often comes at a time when you’re unable to work due to your condition, so already may be suffering financial hardship.

However, Slater and Gordon offer No Win No Fee funding for medical negligence claims so if you lose your case there’ll be no charge, meaning there’s no financial risk to you.

Additionally, Slater and Gordon is able to apply for Legal Aid funding in cases where a child has suffered a neurological injury at birth or within the early neonatal period, such as cerebral palsy. Not all law firms are able to offer this funding option but Slater and Gordon is an exception.

If you’d like to know more about the funding options available, you can read our medical negligence fees page for further information. We also have a claims guide that helps explain the process of making a claim for medical negligence.

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How much compensation do you get for a successful claim?

It’s impossible to say how much compensation you’re likely to get for a medical negligence claim as it depends on:

• How severe your injuries are, for example, the pain and suffering you’ve had to endure and the effect it’s had on your everyday life
• Your financial losses, for example, how much you’ve lost in wages if you’ve been unable to work for a certain period of time and what additional expenses you’ve had as a result
• The pain, suffering and losses you’re likely to have in the future

What we can say at this stage is given our level of specialism in this field we’ll ensure that you get the absolute maximum amount of compensation you deserve. Given our experts only represent those who’ve suffered medical negligence, our experience is vast so we know exactly what compensation you’ll need to maximise recovery and future independence.

For more information about what you can claim, visit our medical negligence FAQs page or call our experts on 0330 041 5869.

Can you make a compensation claim when someone has died as a result of medical negligence?

If you’ve lost a loved one as a result of medical negligence, you may still be eligible to make a claim for compensation.

Slater and Gordon’s medical negligence team are very experienced when representing loved ones who have sadly passed away and have been involved in some of the most important and ground-breaking legal cases.

We represented Jakki Smith, whose partner died due to negligent medical care. When her partner died, NHS worker, Jakki, learned she was not entitled to bereavement compensation because they weren't married. Our experts launched a landmark battle against the Government for breaching her human rights and won. Here, Jakki shares her story.

In addition, we have dedicated legal experts with a vast amount of experience in inquest representation. We understand that an inquest can be a very distressing situation for most, but you don’t have to deal with it alone. Our expert medical negligence solicitors will:

• Guide you through the process
• Ensure any questions you have surrounding the death of your loved one are addressed with sympathy and understanding
• Ensure that the events are thoroughly investigated

If you’ve lost a loved one due to medical negligence, call our experts on 0330 041 5869 or contact us online today.

What treatment or care is provided as part of the medical negligence claim?

Rehabilitation and treatment

As we specialise in this area of law, we know that for those with serious injuries, the earlier rehabilitation and treatment begins, the better their chance of recovery is. This is why we seek early interim payments as a key part of our strategy, to ensure we have funding as soon as possible for any rehabilitation and treatment you need to maximise your chance of recovery and future independence.

Given our many years of experience, we work with some of the best case managers and medical experts in the field and will ensure you get the best possible care and assistance.

Practical and emotional support

We also work closely with charities across the UK, such as Headway, Spinal Injuries Association, Finding your Feet and Cerebral Palsy Cymru, who are able to offer a whole range of practical advice and support, which can be invaluable to our clients.

As we work closely with these charities and organisations, we’ll be able to signpost you to those which are most suited to your needs.

Aftercare

We pride ourselves on ensuring that our clients get the aftercare they need way beyond the settlement of their case. At Slater and Gordon, we’ll be there for you throughout your life. Not only will our medical negligence solicitors continue to be there for you when you need us, but we have teams of specialists in other areas of law who can continue to provide you with invaluable advice and support.

In many cases, our clients find that they would also benefit from legal advice in other areas of law. As one of the largest consumer law firms in the country, we have teams who specialise in areas of law such as Court of Protection, wills and probate, family law and employment law. We also have independent financial advisers who can provide welfare benefits advice and help protect your compensation.

Having such a range of specialism within Slater and Gordon means you’ll not have the burden of trying to find specialist firms to help you in your time of need and instead, Slater and Gordon can provide you with a seamless, end to end service.

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Why choose Slater and Gordon?

Given the complexities which can arise in cases of medical negligence, choosing solicitors who specialise in this area of law is extremely important. We’re able to offer that dedicated specialism.

• We’re highly ranked in independent legal guides
• We’ve been shortlisted and won industry awards demonstrating our specialism
• We’ve been instrumental in some of the most important and ground-breaking landmark cases
• We’re accredited by industry specialists
• We have a highly experienced medical team including a litigation nurse and a midwife as key members of our medical negligence team
• We work with the best available medical experts, case managers and treatment providers in the UK
• We offer No Win No Fee funding and are one of just a few firms that can seek Legal Aid funding where a child has suffered a neurological injury at birth or within the early neonatal period, such as cerebral palsy
• We work closely with a range of dedicated charities throughout England, Scotland and Wales who can offer a full range of practical advice and support
• As one of the largest consumer law firms in the UK, we’re able to offer an end to end service for all your legal needs and independent financial planners for compensation protection

To find out more, simply contact us on 0330 041 5869 or online here to speak to one of our dedicated medical negligence experts.

Can I change my solicitors to Slater and Gordon?

If you or a family member have been seriously impacted by medical negligence, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.