Medical Negligence – Frequently Asked Questions

Medical or Clinical negligence occurs when a patient has received substandard care by a medical professional which has directly resulted in injury or caused an existing condition to worsen.

There are several ways this can typically occur, including misdiagnosis, surgical mistakes and incorrect treatment.

Clinical negligence claims can appear complicated, but our expert team are here to help make the process as easy as possible.

Below you will find answers to some of the most common questions we receive about claims.

How do I make a claim?

In order to make a clinical negligence claim, you will need to first contact one of our specialist solicitors. Here at Knightsbridge Solicitors, we offer a free initial consultation so that we can find out more about your situation and determine if you have the basis for a legal claim.

How can you prove a clinical negligence case?

For your claim to be successful, we must be able to prove that you have received negligent treatment from a medical professional which has led to injury or worsened an existing condition.

Evidence that can help support a claim can be anything from medical records and photographs to detailed statements from yourself, family members and friends.

We will gather other evidence from independent medical experts who will prepare a report on your treatment and the resulting medical condition, highlighting the impact the negligence had.

How much can I claim?

There is no set level of compensation you can claim for as all cases are different and the amount of compensation you could be awarded will vary dependant on:

• The extent of your injury/illness
• Any expenses you have incurred
• Your future care needs

Will I need to go to Court?

It is rare that a medical negligence case will need to go to court, only more complex cases may end up there. However, if your case does go to court, our expert team will guide you through the whole process.

Are there any time limits for medical negligence claims?

Under the Limitation Act, you generally have three years to make a medical negligence claim, from the date that your injury was linked to a medical error (not necessarily the date in which you suffered the injury). However, there are some exceptions to this rule.

We recommend seeking expert legal advice from a medical negligence specialist at the earliest opportunity.

Will making a claim affect my treatment?

Making a claim should never affect the treatment you continue to receive. If you do have any concerns about your treatment following the start of your claim, we are happy to assist. We can advise you on your rights and in some cases help you to arrange the transfer of your care to another hospital if you do not feel comfortable being treated in the hospital where you suffered negligence.

How long does a medical negligence claim take to settle?

We try and settle claims as quickly as possible while making sure you get the compensation you deserve. How long it will take depends on what happened in your case and the complexity of the claim.

Will I need a medical examination if I make a medical negligence claim?

It is highly likely that you will need to see an expert doctor to assess the extent of any damage/injury you have suffered because of negligent treatment. The professional opinion of an independent expert is vital in supporting your claim.

Can I make a medical negligence claim on behalf of a child?

Parents or guardians can make medical negligence claims on behalf of their children. Our experienced team will guide and support you through the whole process, with the aim of getting your child the compensation they deserve.

Do you work on a No Win No Fee basis?

Our clinical negligence claims typically work on a no win no fee basis, which means that we will only take a fixed fee or percentage of your final settlement if you win your case, meaning there is no financial risk to you.

Contact us

If you think you have suffered because of medical negligence or have any questions regarding making a medical negligence claim, please contact Knightsbridge Solicitors today to speak to a member of the team on 0115 824 1700.