Are you considering a Clinical Negligence claim ?
The law only enables you to claim compensation if “on the balance of probability” your medical treatment was carried out negligently and this caused your injury.
Claims must be made within 3 years from when you first realised you had suffered an injury. In the case of children under 18, they can make a claim at anytime up to their 21st birthday.
Negligence and Causation
For a successful claim you need to prove both Negligence and Causation.
Negligence – that the medical attention you received fell below acceptable standards.
Causation – that the negligence directly resulted in an injury to you.
It is not enough to prove negligence, you must also prove that you received an injury as a result.
Examples of Clinical Negligence
- Failing to diagnose your condition or making the wrong diagnosis
- Making a mistake during a procedure or operation
- Giving the wrong drug
- Failing to warn about possible risks or side effects
Initial action to take
Upon making a formal complaint, you should receive an apology, an explanation and assurances that the problem has been addressed.
If there has been negligence, compensation may be due to you and legal action may be required.
Instructing a Solicitor
Legal action can be costly, lengthy and very stressful. Your specialist Clinical Negligence solicitor will assess the strength of your case and possible value of the damages.
They will need the positive opinion of an independent medical expert. If a supportive report cannot be obtained, then your case will not succeed.
- Details of any injury sustained, the treatment received and your current condition.
- All expenditure resulting from injury, including all prescriptions, travel costs to hospital etc.
- Any loss of earnings and any state benefits received.
- People caring for you and the number of hours they help.
- Any activities or work you are unable to do as a result of the injury.
Funding your claim
Please click here for the full range of funding options open to you including:
- Private funding – you fund the claim yourself.
- Legal Aid – this is now only available for birth related negligence.
- No win, no fee – also known as a Conditional Fee Agreement
- Legal Insurance – found in many home and car Insurance policies
- Trade Union – members may receive support
Why choose Thomas Dunton:
- Specialist Personal Injury Team – our specialist team is headed by Robert Sardo who has Senior Litigator Approved Status with the Association of Personal Injury Lawyers (APIL) and is an Approved Member of the Law Society’s Specialist Personal Injury Panel.
- Qualified lawyer — When you speak to us you will be talking to a qualified lawyer, not a legal advisor at a call centre.
- Free one hour face to face interview — We offer you a free one hour interview without any obligation. This puts us in the best possible position to judge the merits of your case and provide the best advice.
- Home & Hospital appointments – should you unable to attend our offices, we will be pleased to meet you at your home or hospital.
- Maximum compensation — We will strive to achieve the maximum compensation for your injuries. Did you know that accident victims who turn down an insurer’s initial offer and seek legal advice get on average 2 – 3 times more compensation ? (Source: The Law Society 2013)
- No win, No fee –We can offer you a full range of funding options including “No win, No fee”. There will be no hidden costs or extra fees.
- Rehabilitation – Apart from striving for the maximum compensation, we will be actively pursuing the defendant to fund additional medical treatment to enable you to get back to full health as quickly as possible