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.

If you, or a loved one, have been unfortunate and received sub-standard service, it may be possible to make a medical negligence claim with us.

Our lawyers are accredited by the Association of Personal Injury Lawyers (APIL). We are panel members of Action against Medical Accidents (AvMA) and we are members of the Law Society’s Clinical Negligence Panel.

Fieldfisher have recently, with the help of Macmillan (the UK’s leading cancer support charity) created a simple guide to support the most frequently asked questions concerning testicular cancer symptoms and the longer term impact of the disease. A large number of cases in relation to the misdiagnosis of testicular cancer can be avoided with early detection.

For further information or if you believe you have a medical negligence claim, please contact our expert solicitors on freephone 0800 358 3848, email personalinjury@fieldfisher.com or complete our short enquiry form.

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.


Things you need to know before pursuing a claim

Do I have a claim? How do I make a claim? What are the inital investigations? What is the court procedure? How much will I get? 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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