Clinical / Medical Negligence

Clinical negligence issues arise when a healthcare professional causes injury resulting from mistakes which occur during the giving of advice, taking informed consent, misdiagnosis, treatment, or surgery after deviating from expected clinical standards.

Our team knows that when medical negligence occurs to you or your loved ones there can be devastating impacts. In some cases, it may be difficult to prove that there has been negligence by a healthcare professional, which is why you should contact an expert solicitor as soon as possible.

If errors have been made which have resulted in injury, we understand you will want to focus on recovering from your injuries alongside seeking the compensation that you deserve.

Free Initial Discussion

For a free initial discussion, get in touch with us today by simply calling us on 020 3383 0173 or email us at enquiries@fcos.co.uk and a member of our team will get back to you.

No Win No Fee

We offer services on a No Win, No Fee basis. This is where you can pursue a compensation claim for your injuries with the knowledge that if the claim is unsuccessful, you will not have to pay any fees.

Making a Claim

It is for the patient to prove his or her case and to do so on the balance of probabilities, that is, that it is more likely than not that the clinician has been negligent, and this has caused or materially contributed to the patient’s injury.

Clinical negligence is typically proven by following a 3-part test:

The test looks at:

  • Whether a duty of care is owed to the patient.

 A clinician owes a duty to provide a reasonable standard of care to his or her patient.

  • Whether that duty of care was breached.

There are different legal tests applicable to advice and informed consent, and diagnosis and treatment, which must be met for breach of duty to be established in accordance with the standard of proof.

  • Whether the patient suffered harm which was caused by or materially contributed to by the breach.

This is known as causation and must be established as well as breach of duty for a claim to succeed.

 

If you are looking to pursue a clinical negligence claim, we can advise you on the potential compensation that you may be entitled to, given the specific circumstances. 

Our team of experts can also help you to make a formal complaint alongside your claim for compensation.

Clinical Negligence Claims

Clinical negligence claims are commonly made when an injury has occurred or illness has deteriorated due to the wrong advice, inadequate taking of informed consent, misdiagnosis, incorrect or delayed treatment and mistakes in surgery.

Some of the most common claims include:

  • A&E negligence claims
  • Amputation claims
  • Brain injury claims
  • Cancer claims
  • Cardiac claims
  • Care home and nursing home negligence claims
  • Cosmetic surgery negligence claims
  • Dental negligence claims
  • Eye injury claims
  • GP claims
  • Gynaecological negligence claims
  • Hospital negligence claims
  • Meningitis claims
  • Misdiagnosis and delayed diagnosis claims
  • Nursing claims
  • Pregnancy and birth negligence claims
  • Spinal injury claims
  • Surgical negligence claims

There are strict time limits for bringing a personal injury claim. This limit is usually three years from the date the accident or injury occurred, or three years from date of you first being aware that you have suffered an injury. In the case of a minor, the time limit starts to run from the date of majority, ie, 18 years old. In the event, that the patient is under a legal disability, such as in the case of catastrophic brain injury, there is no time limit within which to bring a claim.

We are here to help you assess your prospects of making a successful claim, and if appropriate, gather the necessary evidence on your behalf. This will involve detailed scrutiny of clinical records, the taking of witness statements and the instruction of clinical experts where required. Expert evidence may not only be required to establish negligence but to review your condition and prognosis, to enable us to assess the value of your claim, and the compensation you deserve in the event of a successful claim. This may involve compensation for pain and suffering, loss of earnings, treatment costs, specialist equipment and any future care needs.

Why Choose Us

Using our wide range of legal knowledge and expertise, we are well placed to advise you as to your prospects of making a successful claim, and to assist you in pursuing your claim. There are numerous ways in which harm can occur within the categories listed above and it is essential to fully investigate all the situation which has arisen in your individual case. Our approach is to be proactive and work with you to achieve your objectives and deliver successful outcomes as efficiently and promptly as possible.

We can clearly explain the range of legal options available and guide you towards the option which would be best suited for your specific circumstances.

How to Get in Contact

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 020 3383 0173 or email us at enquiries@fcos.co.uk and a member of our team will get back to you.

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