Medical Negligence Solicitors in Derby
If you have been hurt by a medical professional’s mistake, then talk to us. Our experienced medical negligence solicitors in Derby have helped people just like you to obtain compensation for their injury.
When you need answers and justice for an injury sustained through no fault of your own, you can rely on The Medical Negligence Experts for top quality legal advice and support. We are your champion, fighting to protect your rights and ensure you receive every penny of compensation to which you are entitled.
The Medical Negligence Experts are known not only for our quality of legal support but also for our consistently high standard of customer satisfaction. Our clients know they can rely on us to do our best to get maximum compensation, keeping them informed of the progress of their claim and acting with respect and consideration to what may be a sensitive situation. To us, clients are people and not faceless claims to be processed and filed.
Talk to us today and arrange a free consultation with an expert legal advisor. This is a great opportunity for you to ask any questions you have about claiming compensation for medical negligence, and there is no obligation for you to proceed with an application if you decide not to.
Claiming Compensation for Medical Negligence Claims in Derby
Your successful compensation claim starts when you call The Medical Negligence Experts. We will talk to you about the circumstances around your injury to determine whether you have grounds to apply for compensation.
For your claim to be legally valid, you need to prove two things: that you were hurt (damage) and that this was a direct result of negligent care (causation). Proving negligence is difficult, so we always recommend you work with an experienced solicitor who specialises in medical negligence claims rather than a general personal injury lawyer.
Negligence is typically proven by comparing the level of care you received from your practitioner with that delivered by their peers. We will scrutinise their actions to see whether they are considered normal in the industry and would have been made by others in their profession, or if they fell below an acceptable standard. There is a risk to every treatment, from being prescribed painkillers to having open heart surgery, and the outcome may not always be as you hope. Negligence happens when the risks are not managed and this leads to avoidable mistakes being made.
Once you know you are entitled to claim compensation and you have decided to proceed with your application, your lawyer will write to the other party to inform them of your intention before pulling together all the evidence needed to support your request. This evidence is submitted to the defendant’s legal team who then have four months to respond.
The best case scenario is that they accept your claim and agree to pay a fair amount of compensation. What generally happens is that some negotiation is required either to determine the degree of responsibility or the amount of your payment. In extreme instances, the other party may refuse to admit liability or pay you an appropriate amount of damages. In these cases, we may recommend you submit your claim to court where a judge will assess the evidence and make a final and binding decision.
Common Types of Medical Negligence Claims
Our solicitors in Derby can help whether you are claiming against the NHS or private practice, and whether your treatment was elective or essential. You should never be penalised financially simply because you had the misfortune to fall foul of someone else’s mistake.
Claims we handle include:
- Accident and Emergency Claims
- Anaesthetic Errors
- Cosmetic Surgery Negligence
- Dental Negligence
- Hospital-acquired Infections
- GP Negligence
- Surgical Errors
One of the most common types of medical negligence claims in the UK is for misdiagnosis. Medical misdiagnosis can either happen when symptoms are mistaken for another cause and the wrong treatment is given, or when a condition remains undiagnosed.
The Medical Negligence Experts has successfully represented clients who have suffered medical misdiagnosis, including cancer misdiagnosis. If you suspect you may have been a victim, then talk to use today. Did your GP dismiss your concerns as unwarranted? Did they say they would refer you to a specialist only to forget to make the referral? Did your doctor misinterpret the results of diagnostic tests or were they done by someone who didn’t know what they were doing or on a machine that hadn’t been serviced and maintained correctly? Any of these instances could cause your condition to be incorrectly diagnosed, leaving you with a potentially life-threatening condition.
A less typical example of misdiagnosis of a patient who suffered a broken ankle while playing football. They went to their accident and emergency department where it was x-rayed but the consultant did not detect the break in the bone and sent them home with painkillers and the instruction that they rest it for a day or two. After 48 hours, the pain was significantly worse that the patient could not put any weight on their foot at all. They returned to A&E where their x-ray way was re-examined by a different doctor who detected the fracture. The patient was able to prove that the original doctor was negligent for not seeing the break on the x-ray when another doctor was clearly able to, and they received compensation for the pain and suffering this mistake caused them.
No Win No Fee* Compensation Claims in Derby
No one should have to forgo their legal rights because they can’t afford to pay for a solicitor privately which is why we offer No Win No Fee* medical negligence claims in Derby. A No Win No Fee* claim takes away the need for you to pay anything upfront and removes the financial risk involved with making an unsuccessful claim.
No Win No Fee* agreements, sometimes referred to as Conditional Fee Agreements, work in conjunction with legal insurance. Some clients already have cover as part of their motor vehicle or home and contents insurance. Don’t worry if you don’t, because we can help you organise an After the Event policy where you only have to pay the premium if you lose your claim and have to pay the other party’s legal expenses.
We will talk to you about your funding options in our initial conversations so you can make an informed choice before you commit yourself to starting a claim.
If your claim is successful – and we will only recommend you proceed if we believe there is a good chance that it will be – the other party pays your legal costs, and you pay your solicitor a “success fee”. This amount is agreed at the start of the process and can be no more than 25% of your total compensation payment. There are no shocking financial traps or hidden expenses to be sprung on you at the last minute. We are always upfront about the potential cost of a making a claim because we have nothing to hide.
Claiming Compensation for Another Person
It is possible to seek compensation for another person if they are unable to do so themselves. We often represent parents of children who have been hurt from negligent care like a birth injury, and clients whose ageing parents have been harmed through care home negligence. People who raise claims on behalf of someone else are referred to as “litigation friends”. They can be close friends, relatives, accountants or lawyers.
Becoming a litigation friend is quite straightforward. You submit a form to a court which states that you have no conflicting interests and will act with the victim’s best interests at heart. A court will rule whether or not you are suitable and we then deal directly with you.
There is little difference between making a claim as a victim or medical negligence and requesting compensation as a litigation friend. The main disparity is that a judge must approve the compensation paid for claims raised by litigation friends, and satisfy the court that the money is being handled appropriately.
Medical Negligence Claims FAQ
We know that you probably have a lot of questions about medical negligence claims. Our legal experts are happy to assist by offering a free consultation where you can ask them directly about your situation. We have provided answers to some of the most common questions we hear from clients when they first contact us. If yours is not answered here, please call using our free phone number so that we can help.
Can I make a claim?
In most cases, you will have grounds to request compensation for an injury caused by medical negligence if the medical professional looking after you failed in their duty of care and you were hurt as a result. Both damage and causation need to be a factor for your request to be valid.
How much compensation will I receive?
The amount of compensation you will receive will depend on the type of injury you have sustained, how it has affected your life, and whether your injury has caused you to spend or lose money. General damages are paid in recognition of pain and suffering, while special damages are given in response to any expense you have incurred.
It pays to talk seek legal advice at the earliest opportunity. We can let you know whether an expense may be included as part of your compensation claim. Such costs can be paying privately for further medical treatment to help you recover from your injury, transport to and from your doctor or hospital appointments, and if you have to pay someone to help you at home because you have lost some mobility.
Special damages can also factor in predicted expense or financial loss. A good example of this is if your injury is life changing and you will need nursing assistance for the foreseeable future, or if being unable to work in the same capacity means you have to retire and lose earnings and pension you would have had if you had not been injured.
How long will my claim take?
Because the task of proving negligence can be challenging, compensation claims for medical negligence take longer than those for personal injury. You should expect your claim to take around 12-18 months if you are able to recover completely from your injury. It is not unusual for negligence claims for victims who suffer long-term damage or life-altering injuries to take several years, however, if the other party accepts responsibility then we will ask for an interim compensation payment to be made to make sure you do not suffer financially.
There is a statutory time limit of three years that applies to nearly all medical negligence claims. This time starts from when you are injured or when you realise negligence caused your injury to when it is submitted to a court. The exceptions to this time limit are claims for those who were under 18 at the time of their injury, or people who are mentally incapacitated and can’t legally manage their finances.
Will I have to go to court?
The majority of claims we handle are settled out of court, so it is unlikely you will have to go to court unless you are acting as a litigation friend. Although we do our best to resolve claims without litigation, we won’t jeopardise your right to maximum compensation. Therefore, if the other party does not accept they were negligent or will not agree to pay you an appropriate amount, we may recommend you submit your claim to a court. You may have to wait up to a year to have your request heard by a judge, and we will continue to negotiate on your behalf during this time, with the goal of achieving an acceptable settlement out of court.
Compensation is not about money. It is about making sure you have the resources you need to recover from the damage, and not get stuck struggling with trying to get over an injury you didn’t deserve. We can’t change the past but we can do our best to give you a bright future, so contact us today and find out how The Medical Negligence Experts can help.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors in Derby working for you
We specialise in helping victims of medical negligence in Derby claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.