Yesterday (1 December 2022) Novum Law specialist asbestos solicitors Rebecca Ryan and Alison Sayers attended the 2022 Mesothelioma Essential Update. This was the first such event, held jointly by the...Read more
If you’ve suffered a serious injury, illness or your condition has worsened due to medical mistakes, it can cause a lot of pain and suffering. It can also affect all areas of your life, including your family, relationships, social life and your career.
In these situations, it is normal to feel frustrated, angry, upset and confused. You may well be wondering what went wrong and how this happened, but it’s also entirely reasonable to be thinking about whether you are entitled to compensation as this can make a huge difference to the long-term outcome for you and your loved ones.
Novum Law Medical Negligence Solicitors
At Novum Law, we offer dedicated, sensitive personal support to help you through this difficult time. Our specialist medical negligence solicitors will work closely with you to explore the possibility of claiming compensation and guide you through every stage of the claims process.
We offer No Win No Fee funding options, which means you can make a medical negligence compensation claim with no financial risk or hidden costs.
Our team is highly skilled in negotiating maximum settlements under even the most challenging circumstances, meaning we can often secure compensation without the need for you to attend a court hearing.
If you or a family member has suffered due to medical or healthcare errors, it is important not to delay finding out whether you are entitled to compensation. There are time limits to claim, so the sooner you make the first move, the better your chances of a positive outcome.
Our Expertise With All Types Of Medical Negligence Claims
Meet our team to find out more about their individual areas of expertise.
Our team of specialist clinical negligence solicitors are experts in dealing with claims against the NHS and private medical claims of all kinds, including:
- Misdiagnosis, Delayed Diagnosis and Delayed Treatment, with strong expertise and success in Cancer cases
- Delayed Or Cancelled Treatment Due To Covid-19
- Surgical Negligence
- Anaesthetic Mistakes
- Gynaecological and Pregnancy Mistakes
- Birth Injury
- Accident And Emergency Negligence
- Hospital-Acquired Infections
- GP Negligence
- Prescription Errors
- Defective Medical Products Or Medicines
- Cosmetic Surgery Negligence
- Brain And Head Injury Claims
- Spinal Injury Claims
- Multiple Fracture Injury Claims
- Amputation And Loss Of Limb Claims
- Fatal Injury Claims
- Loss Of Sight Claims
- Nerve Injury Claims
- Chronic Pain Claims
Our specialist expertise in a wide range of medical negligence cases means we can represent the interests of individuals involved in public inquiries into systemic health and social care failures.
As with all our work, we put the needs of our clients first. We will leave no stone unturned to help support them in getting the answers they need and to ensure positive changes are made to avoid the same mistakes being repeated.
Book Your Free Initial Consultation With Our Medical Negligence Solicitors
If you believe you or a loved one are entitled to compensation, our clinical negligence solicitors in Bristol, Cardiff, the Isle of Wight, Plymouth, Salisbury, Southampton and Swindon are here for you.
What Is Medical Negligence?
When you are given any type of medical treatment, the clinical professionals treating you owe you a duty of care. In most cases, medical procedures, treatments and care are delivered to a high standard. However, medical professionals are sometimes overstretched and work to tight deadlines and budgets. Things can go wrong and when they do, the consequences can be devastating.
To be classed as medical negligence, it must be shown that the medical professionals treating you failed in their duty of care leading to injuries, illness or to an existing medical condition becoming worse.
Proving that any mistakes made were negligent means showing that the care you received fell below established clinical standards i.e. that no competent medical professional would have made the same errors under the same circumstances.
There is a range of ways you can be harmed due to medical negligence such as misdiagnosis or delays in your diagnosis, surgical mistakes or being given the wrong treatment. In these situations, you may be able to make a claim for compensation.
How Do You Prove Medical Negligence?
To give you the best chance of recovering compensation, it is essential to make sure we have all the right evidence in place to support your claim.
We will typically rely on various types of evidence, including:
- Medical records
- Witness statements
- Examination and reports by independent medical experts
Our team know exactly what is needed for an effective claim, so will work with you to gather the necessary evidence and ensure it is presented in the best way for the strongest possible claim.
Are There Any Time Limits For Claiming Clinical Negligence Compensation?
Yes. The general rule is that you have three years from the date of the injury or the date you realised you’d suffered an injury as a result of a possible medical error or negligence.
There are exceptions to this rule, however, that may apply depending on who the claimant is.
For example, if you are claiming on behalf of a child, you can claim at any time until the child turns 18. When the child turns 18, they can bring a claim in their own right, but the three-year time limit will then apply and they will have until they are 21 to do so.
There is no time limit for claiming on behalf of people who don’t have the mental capacity to make legal decisions e.g. due to a serious brain injury or learning difficulties.
Different time limits may also apply for some injuries or illnesses sustained abroad.
Should you need to claim on behalf of the estate or dependants of someone who has passed away due to medical negligence, you will normally have three years from their date of death to do so.
Time can be a critical factor in compensation claims, so it’s important to get in touch with our specialist clinical negligence team as soon as possible for expert advice.
How Much Compensation Can I Get For Medical Errors?
The compensation you receive depends on the severity of the injuries or illness you’ve suffered and the impact on your life. Severe, life-changing injuries will involve more compensation to cover medical treatment , rehabilitation, care and support, adaptations to the home and loss of earnings and pension.
In general, you can claim for both the financial impact on your life (e.g. the cost of medical treatment, specialist equipment, lost income etc.) as well as the non-financial impact (e.g. your pain and suffering, loss of amenity etc).
Working out how much compensation you are entitled to for clinical negligence can be a complex process. This can take some time, but we will always aim to give you a realistic idea of the potential damages at the outset so you can make an informed decision about moving forward with your claim.
How Do I Start A Medical Negligence Claim?
Starting a clinical negligence claim is straightforward and our team will do everything we can to make sure you know everything you need to in order to move forward with confidence.
After an initial phone call, your specialist solicitor will come to visit you in your home – or a location at your convenience – to discuss the details of your claim. This will include information such as how your injuries occurred and the impact that your injuries have on your day-to-day life, so they can understand your needs and advise you on the compensation you may be able to claim.
Our legal expert will also use this as an opportunity to talk you through the process of making a claim and to explain your funding options and any relevant paperwork for making your claim.
From that point on, your solicitor will pursue your claim on your behalf. The next step will be to contact the defendant’s insurers and to start gathering evidence to support your claim, liaising with medical experts and healthcare providers to access your records. Your solicitor will keep you updated as your claim progresses at every step of the process.
How Do No Win No Fee Medical Negligence Claims Work?
There are no upfront or hidden costs when you make a compensation claim with Novum Law. This is because we fund all of our cases using Conditional Fee Agreements (CFAs) which you may be more familiar with under the name ‘No Win No Fee’.
With No Win No Fee funding, you will only be responsible for our fees if we are able to secure compensation for you. This means you don’t need to find the money to fund your claim at the start and there is no financial risk to you in pursuing compensation.
If we feel you have grounds for a claim, we will discuss exactly how No Win No Fee funding works, including how our fees will be calculated in the event of a successful claim and the need for After the Event Insurance to cover any third party costs.
Will I Need To Go To Court?
Most medical negligence cases we handle are settled without going to court through negotiation between our lawyers and the defendant’s legal team. This is to your advantage as an out-of-court settlement is usually much faster than court proceedings, as well as being generally less stressful to deal with.
It is worth noting that it is often necessary to issue court proceedings as part of the claims process, but this does not mean you will necessarily end up having to attend a court hearing. Even where court proceedings are initiated, most claims can still be resolved out of court before your hearing date is reached.
How Long Does It Take To Get Compensation For Medical Negligence?
This will depend on the circumstances and there is no set time limit for a claim to be resolved.
In general, your claim will go faster if we can agree a voluntary settlement and may take longer if a court hearing is required.
Can I Still Claim If My Loved One Has Died?
Yes, if a loved one has died due to medical negligence, you may be able to claim compensation on behalf of their estate or dependants. You will typically have three years to do so from the date of death.
Compensation available for fatal medical negligence may potentially cover:
- Funeral expenses
- The loss of the deceased’s income
- Loss of services provided by the deceased (e.g. personal care support)
- Normal household costs
- Medical costs
- Childcare costs
I’m Not Happy With My Law Firm. Can You Take Over From My Current Solicitor?
If you are in the process of making a medical negligence compensation claim and you’re unhappy with the service or advice you have been receiving from your current solicitor, we would be happy to provide a second opinion.
We are frequently asked to review clinical negligence cases by clients who feel their claim is not progressing fast enough or that the level of compensation their legal team has secured is less than it should be. In these cases, we are often able to take over and get a significantly higher settlement and/or secure compensation faster.