Medical Negligence Frequently Asked Questions

Our medical negligence lawyers work very closely with experienced medical experts to investigate whether there is a claim that gives rise to compensation.

Where it does, we work to maximise that claim. We are committed to ensuring that victims of medical accidents obtain fair and proper redress.

We also help with the practical steps needed to help the client recover as much quality of life as possible, as quickly as possible, (with the help for example, of an interim payment), because we know from long experience that when it comes to recovery, it is not just about winning a big cheque.

Whatever the circumstances, we will do our utmost to help every client achieve what they need from their claim and support them throughout the process.

What is Medical Negligence?

Medical negligence is when a medical professional fails to carry out their obligations and responsibilities in accordance with what a responsible body of other medical practitioners would – and as a result causes injury, trauma or the worsening of a pre-existing medical condition.

There are a number of ways one might experience medical negligence, such as:

  • misdiagnosis
  • surgical mistakes
  • delayed or incorrect treatment.

Do I have a Medical Negligence claim?

Every medical negligence case is different and therefore we must assess the circumstances surrounding the medical care you received before we know if you are eligible to make a claim.

In order for your case to be successful, we must be able to prove that:

  • you received inadequate medical care
  • were harmed as a result of this care

If you are unsure whether or not you received negligent medical care, get in touch with us today and we will help you with any queries or concerns that you may have.

How is compensation calculated?

Compensation is calculated through an assessment of the injury sustained, its severity, the associated costs and the long-term impact the injury will have on the claimant’s life.

Medical negligence compensation is broken down into two areas:

  • General damages
  • Special damages

General damages represent the damages that you would be awarded by the Court as a result of your injury. There are court guidelines which are followed as to the brackets appropriate for various types of injury.

Special damages represent any financial loss that has occurred as a result of your injury – e.g. care, loss of earnings, aid and equipment, home modifications, travel expenses etc.

Both general damages and past and future special damages will be taken into account when calculating compensation.

Am I entitled to claim on a no win, no fee basis?

The vast majority of our medical negligence claims are funded on no win, no fee basis. This means that unless your claim is successful, you will not have to pay for any work carried out by your solicitor. If your claim is successful, the other party will pay for the majority of your legal fees, with the rest of the cost being covered by the compensation that you are awarded. This agreement allows you to start a claim without having to worry about your finances.

Before we can guarantee that you will be able to make a claim on a no win no fee arrangement, we will have to conduct a risk assessment on the circumstances surrounding your case. If you think you may have a claim, do call us today and we can get started on matters for you.

How do I start a claim?

The first thing you should do is get in touch with us so that we can book you in for a free consultation (which can be face-to-face if you are local to any of our offices or by telephone) with one of our medical negligence solicitors. We will then discuss your case with you, alongside any queries or concerns that you may have, and decide whether or not you have a claim.

What are the time limits for making a claim?

The general rule is that you have three years to begin your claim. This will either be three years from the date that you received negligent care, or three years from when you had reasonable knowledge that negligent care was a cause of your injuries.

There are a couple of exceptions to this:

  • if you received negligent care before you turned 18, then you have until your 21st birthday to start your claim. Claims for those under the age of 18 must be handled by an adult, and may have different time limits as it is not always possible to assess the level of damages whilst the child is still growing
  • if you are making a claim on behalf of someone who lacks mental capacity, there is no time limit for starting the claim.

Can I make a claim on behalf of someone else?

In most instances, the person who has received negligent care must be the one to make the claim. However, you can make a claim on behalf of someone else if the injured person:

  • is under the age of 18
  • is unable to make the claim themselves due to lack of mental capacity
  • has died as a result of medical negligence.

Can I transfer my claim to you from my current lawyers?

Yes, you are able to transfer your claim to us from your current lawyers. Get in touch with us today so that we can start the transition and continue with your claim.

What can compensation pay for?

Compensation can cover all costs and losses that are incurred as a result of negligent care. For example:

  • earnings lost if you were unable to work as a result of your injury
  • care
  • equipment
  • house adaptions
  • rehabilitation
  • prosthetics
  • travel costs.

Why choose Ashtons Legal?

Our medical negligence solicitors are widely regarded as the experts in representing people who have suffered injury as a result of medical treatment. We have been ranked as a top tier medical negligence team for over 25 years. Our record of achievements in terms of damages recovered and apologies given speaks for itself.

We have a reputation second to none, and are known for our persistence, our ability to win difficult cases, and our willingness to “go the extra mile” for our clients. We will handle your case with compassion and sensitivity and we will do everything we can to get you the compensation, answers and apology that you deserve.

 

What is the Compensation Protection Service?

Compensation awards are taken into account when calculating means-tested benefits. Compensation Protection Trusts can be used to protect entitlement to means-tested benefits.

So if you, or someone you know, are due to receive a compensation award for a personal injury or medical negligence claim, it is worth considering a Compensation Protection Trust.

Why use Ashtons Legal’s Compensation Protection Service?
  • we provide a friendly, personal service that puts you first
  • we have a wealth of experience and expertise – our team comprises members of the Society of Trust & Estate Practitioners, Solicitors
  • for the Elderly, and the Chartered Institute of Taxation
  • we’re interested in you and helping you achieve your aims – it’s not just about putting a Trust in place
  • we are clear up front about the costs involved and offer pricing options to suit you
  • we offer a free initial telephone consultation.
Next steps

Call us for a free initial consultation. Alternatively you can click here to send us an email.