Case Studies

Clinical and Medical Negligence Claims

Our specialist medical negligence solicitors at Fieldfisher have extensive experience in pursuing medical negligence claims for victims of medical negligence, clinical negligence, medical accidents and medical mistakes.

Our solicitors, led by Paul McNeil, work tirelessly to ensure that you receive proper compensation for any injuries that you sustained through medical negligence and for any medical negligence claim you wish to make. Every year, thousands of people are treated by healthcare professionals. Most of the time the care received is exceptional, but occasionally things do go wrong.

 

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Medical Negligence Claims

Whenever a person undergoes treatment or seeks the advice of a clinician, they place an uncompromisable level of trust in that clinical expert's hands. Unfortunately mistakes are sometimes made which can be catastrophic or life changing

If you or your family have suffered Medical Negligence at the hands of clinicians who have delivered a substandard level of medical care, call our No Win No fee Medical Negligence solicitors. Our specialist lawyers have over 30 years' experience in giving you the support and legal advice that you need. We've already helped thousands of families in similar situations.

We fight for our clients to recover the maximum damages possible. Call us today on Freephone 0800 358 3848 to see how our expert solicitors can help you recover your losses, with a Medical Negligence Claim

 

Don Sherwood talks about how Fieldfisher helped


In this video Don Sherwood talks about his loving wife Mrs Jennifer Sherwood, who instructed Paul McNeil to handle her claim against Warwick Hospital for the consequences of a delay in diagnosis of cervical cancer which led to her death in January 2013.

 

Why Fieldfisher Medical Negligence Solicitors

  • Our lawyers are accredited by the Association of Personal Injury Lawyers (APIL).

 

Call Freephone 0800 358 3848

If you think you or a member of your family has suffered due to Clinical Error or Medical Negligence. Our specialist team of solicitors can help you recover the compensation you and your family deserve, Call us today or start your claim online and we will call you back.

 

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Things you need to know before pursuing a Medical Negligence claim

If you are considering pursuing a medical claim you will of course have lots of questions. The following links answer some of the more common questions and give details of things you need to know about.

  1. Do i have a claim?
  2. How do I make a claim?
  3. What are the initial investigations?
  4. What is the court procedure?
  5. How much will I get?
  6. How do I fund my claim?

 

Do I have a claim?

In order to be successful in a clinical negligence claim you must prove both:

  • that the care you received fell below the required standard of care; and
  • that this caused you some harm

There are strict time limits, usually three years, in which legal action should be commenced. This three year period runs either from the date of the negligence, or from the date you should have been aware of the injury or claim. Where the patient suffers brain injury or is a child, special rules apply.

It is not always easy to decide if you have a claim. We can help you understand whether you have a claim by undertaking some initial investigations. Please contact Paul McNeil or one of our clinical negligence lawyers on free phone 0800 358 3848 for free initial advice.

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How do I make a claim?

A clinical negligence claim can be broken down into two stages; the first is the investigation stage and the second relates to court proceedings.

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What are the initial investigations?

We will usually see you to take a statement from you. Then we will obtain your medical records and instruct independent experts to consider whether the treatment you received fell below a reasonable standard and if so, whether you suffered injury as a result.

At this stage, we will advise you whether or not you have a case that is worth pursuing. In some cases we will seek the advice of an experienced barrister to give an opinion on the merits of your claim.

We will always consider with you, the results of the initial investigations and together we will consider the appropriate steps.

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What is the court procedure?

Our Guide to Medical Negligence Cases sets out the rules for the pre-action protocol and court procedure.

Although taking a case to Court can be a lengthy process, we will do our utmost to ensure that your case proceeds as quickly as possible. Providing there are no hiccups, it normally takes 12-18 months for a clinical negligence case to reach trial from the date we issue proceedings. Throughout this time, we constantly update you and consider your case with you.

Many cases are settled because our philosophy is to prepare your case for trial from the outset.

For more information, please refer to our Client’s Guide to Medical Negligence.

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How much will I get?

If you are able to show that the treatment you received fell below a reasonable standard and that this caused you harm, you will be entitled to claim compensation for:

  • your pain, suffering and loss of amenity
  • quantifiable losses, e.g. earnings, medical expenses etc
  • future losses and expenses where there are ongoing needs

Each case is assessed on its own merits. It is impossible at the outset of the case to advise you how much compensation you will recover. Much depends upon our investigations into quantum of damages. We will, however, be able to provide you with a broad outline at the initial meeting of the likely merits of the claim.

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How do I fund my claim?

There are four main ways to fund your claim:

We are one of a small number of firms in the country to be awarded a franchise for public funding (legal aid) from the Legal Services Commission.

Public funding will be granted to those whose case merits investigation if they pass the “means” test.

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