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Medical negligence solicitors

Entrust your medical negligence claim to our experts

If you’ve suffered an injury or life changing condition as a result of a medical mistake, delay in treatment or wrong diagnosis, our team of highly experienced medical negligence solicitors are ready to help you claim compensation.

Proving a medical negligence claim is not straightforward so it’s important to have the right expertise in your corner. Our medical negligence solicitors have the specialist legal expertise, the medical knowledge and the extensive experience needed to secure a successful compensation claim in even the most complex cases.

There are also strict time limits for making a medical negligence claim, so if you believe you or a loved one may be entitled to compensation, please call 0800 316 8892 or get in touch online now for a free consultation.

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What is medical negligence?

Medical negligence is when a medical or healthcare professional fails to provide treatment at the standard considered reasonable for their experience and specialism; they fail in their ‘duty of care’ – with life changing consequences for the patient. This is usually by doing something they shouldn’t have or not doing something they should have.

So, if you or a loved one believe you’ve come to serious harm at the hands of a surgeon, doctor, midwife, GP, optician or any other healthcare professional, you could be due compensation.

Medical negligence solicitors helping you rebuild your life

With Clarke Willmott, you can rest assured your medical negligence solicitor will be committed to achieving the best possible compensation for you, as well as all the support, rehabilitation and aftercare you need, for as long as you need it.

We’ll listen carefully to you, so we understand what you’ve been through and whether you have a valid claim. If you do, we’ll talk you through the claims process, how much compensation you may be entitled to and how long your claim may take.

Key to proving your claim will be finding the correct medical expert to investigate the evidence. Our extensive experience of complex medical negligence claims means our solicitors can call on some of the most respected, independent experts in their field, who have the specialist knowledge of your treatment and injury, and experience of the litigation process.

Types of medical negligence claim we can help you with

Fortunately, the standard of healthcare in the UK is usually high and we can trust our healthcare professionals to provide good quality treatment.

Sadly, on occasion, things go wrong and the outcome isn’t as expected; most often for reasons that could not have been prevented rather than fault. However, although rare, mistakes happen which can have serious, even life-changing consequences for the patient. The types of medical negligence our solicitors specialise in include:

Misdiagnosis claims

Expert medical negligence solicitors. Claim compensation for serious injuries resulting from misdiagnosis. Free consultation 0800 316 8892. No win no fee available.
Read more on Misdiagnosis claims

Maternity negligence claims

Medical negligence solicitors specialising in maternity negligence & birth injury to mother compensation. No win no fee available. 0800 316 8892 free consultation.
Read more on Maternity negligence claims

Surgical negligence claims

Expert surgical negligence solicitors ready to help you claim compensation for a surgical mistake. Free claim assessment 0800 316 8892. No win no fee available.
Read more on Surgical negligence claims

Death due to medical negligence

If a loved one’s death was due to medical negligence, you may be entitled to compensation. Free initial consultation – 0800 316 8892. No win no fee available.
Read more on Death due to medical negligence

Sepsis and meningitis claims solicitor

Top-rated medical negligence solicitors specialising in complex meningitis and sepsis misdiagnosis claims. No win no fee available. 0800 316 8892 free consultation.
Read more on Sepsis and meningitis claims solicitor

Birth injury claims

Trusted, recommended medical negligence solicitors specialising in complex birth injury claims. 0800 316 8892 free consultation. No win no fee available.
Read more on Birth injury claims

If you believe you or a loved one has suffered serious injury as a result of medical negligence and can’t see it listed here, give our team a call on 0800 316 8892 or get in touch online to see if we can help you claim compensation. This consultation is free and you’re under no obligation to go further.

Why choose Clarke Willmott for your medical negligence claim?

  • Widely recognised medical negligence experts – one of only a few law firms to be accredited by the Law Society’s Medical Negligence Panel and the patient charity Action v Medical Accidents (AvMA).
  • Help to fund your claim  we can help you explore your funding options including ‘no win no fee’.
  • Winning record – excellent track record of winning medical negligence claims.
  • Partner led service – your claim will be overseen one of our most senior solicitors ensure you receive the best possible service and advice. Many other firms will use an unqualified case handler to run your claim.
  • Support step-by-step – we will tailor our service to you, communicating with you regularly, keeping you up to date and meeting with you face to face to talk you through the paperwork and help you complete it.

Speak to our expert medical negligence solicitors

Call 0800 316 8892 now or contact us online to discuss your medical negligence claim with one of our specialist solicitors. This consultation is free and you’re under no obligation to do more.

What our clients say

Marguarita Tyne Head of Personal Injury & Medical Negligence

“I don’t think I could have asked for a solicitor with a better understanding of the pertinent issues around the case, or with more patience with a client not always as focused on the relevant aspects of the medical records. It certainly made the process a whole lot easier for us than it might have been.” Jon from London

Kerry Fifield – Partner and Clinical Negligence Team Manager

“Kerry Fifield was fantastic. She kept us informed at all times and was caring, kind and brilliant at what she does and was so strong in her beliefs. We listened to her and took her advice even when we wanted to give in she inspired us to keep on going. We ended up with justice and an excellent settlement. Would use Kerry again.” Shirley from Gloucestershire

Vanessa Harris – Senior Associate

“The help and support given to me by Vanessa could not have been better. She gave advice throughout but also listened to me when I made comments. She handled a very sensitive and painful time for me with kindness as well as being professional and efficient she became thought of as a friend I could depend on.” Catherine from Swansea

James Edmondson – Senior Associate

“The service we received from you was excellent. James Edmondson was brilliant and dealt with our case efficiently and with kindness and sensitivity. I would absolutely use Clarke Willmott again and would not hesitate to highly recommend.” Sarah from Witney

Isabel Harper – Associate

“I am very pleased with the service I have received from Solicitor Isabel Harper…My case was complicated and Isabel was kind and supportive through these challenges as well as being thorough, always answering queries quickly and with sensitivity. Very professional and I would highly recommend.” Ms SJ

Medical negligence FAQs

How much medical negligence compensation could I get?

Every claim is different, but the amount of compensation you could get will take two things into account: the seriousness of your illness or injuries and to what extent they impact your day-to-day life and future prospects.

Here are just a few examples of the compensation we have successfully recovered for our clients:

  • Over £8.6 million for a child with cerebral palsy.
  • £1.5 million for a man who suffered a stroke due to negligence following a heart bypass procedure.
  • £500,000 for a child who suffered brain damage after a GP failed to refer her to hospital with symptoms of dehydration.
  • £750,000 for a man who suffered a stroke following his GP failing to treat high blood pressure.
  • £220,000 following a delay in diagnosing and treating malignant melanoma on the knee.
  • £425,000 damages for the widow of a man whose GP failed to refer him to hospital with an abnormal ECG, which led to him suffering a heart attack and premature death.

Is there a time limit on making a medical negligence claim?

It’s vital to seek legal advice as soon as possible after the medical treatment that resulted in you suffering an injury. All medical negligence claims must be brought within three years of the negligent treatment. This means that Court proceedings must be commenced by issuing a claim form at Court within three years.

If you weren’t aware that you suffered an injury as a result of the treatment until later, the three years will run from the date you became aware.

These time limits are set by statute and are rigidly applied. It is very rare for a Court to allow a claim to be brought after the three-year period.

If a claim is brought on behalf of a child, they will have three years from the age of 18 to start Court proceedings (i.e. until they are 21).

How can I fund my medical negligence claim?

Pursuing a medical negligence claim can be expensive. Luckily, there are different funding options available to either limit or entirely remove the cost from you.

For example, you may have an existing insurance policy that will cover the cost, or we may be able to act for you under a no win, no fee agreement. If your claim is for a birth injury, you might be eligible for Legal Aid, provided you meet the qualifying criteria.

Your solicitor will talk you through the funding options available at the outset of your medical negligence claim, to make sure you find the best solution for your circumstances.

How long will my medical negligence claim take?

The time it takes to settle your medical negligence claim will depend on many factors. Complex, high value claims can take a long time whereas simpler claims where the Defendant accepts liability can take around 12 months.

However, no matter how complex your claim, it’s vital that your settlement is carefully considered to ensure your lifelong needs will be fully provided for, regardless of how long this takes to determine.

Where appropriate, we will apply for interim payments so that you can fund the treatment and/or care you need while your claim is progressing.

What does the medical negligence claims process involve?

Medical negligence claims can be complex and can take a long time to reach conclusion. In most cases, the following steps will be taken to investigate a claim:

  1. Full medical records are obtained from before and after the alleged negligence.
  2. An independent medical expert reports on whether the standard of care fell below the expected level of a reasonably competent practitioner (breach of duty) and whether the breach of duty or negligent treatment caused additional injury and loss (causation).
  3. If the medical reports support a claim for both liability and causation, we will consider the value of your claim, and a Letter of Claim will be sent to the Defendant setting out the allegations of negligence.
  4. The Defendant has four months under the Court rules to investigate our allegations and respond, indicating whether liability is admitted or denied.
  5. While we wait for a response, we’ll begin to assess the value of your claim. A medical report addressing your condition and future prognosis will be obtained.
  6. If liability is admitted, and it’s possible to place a value on your claim at an early stage, negotiations for settlement are likely to take place avoiding the need for court proceedings.
  7. If liability is denied or if there’s a dispute about the value of your claim, court proceedings will be commenced. This doesn’t necessarily mean your claim will go to trial. In fact, very few medical negligence claims go all the way to a trial.

How can I prove my medical negligence claim?

For your medical negligence claim to be successful, we will have to prove:

  1. Breach of Duty (or liability): You must prove that the treating clinician did something or failed to do something that no other reasonably competent practitioner would have done or failed to do.
  2. Causation: You must prove that this breach of duty caused you to suffer an injury that you would not have suffered if the clinician had provided the correct standard of care.

Who do I sue for medical negligence?

If the treatment you received was provided in an NHS hospital, you will sue the NHS Trust responsible for that hospital rather than the individual clinician. If your treatment was provided by a GP or a doctor at a private hospital, you will sue the individual GP or doctor rather than the GP practice or private hospital.

The NHS ‘self-insures’ against claims for medical negligence and private doctors have insurance to cover claims against them. If your negligence claim is against a dentist, you will sue the individual dentist rather than the dental surgery. There are exceptions to these rules so your solicitor will carefully consider who should be pursued.

Who can make a medical negligence claim?

You can make a medical negligence claim for yourself or on someone else’s behalf if they are a child or lack the mental capacity to claim themselves. This could be due to a mental illness or disability, a brain injury or an illness like Dementia or Alzheimer’s. You can also claim on behalf of a loved one who suffered a fatal injury due to medical negligence.

What might give rise to a medical negligence claim?

The following are just some of the areas that may give rise to a medical negligence claim:

  • Obstetric or midwifery care during pregnancy or childbirth causing severe injuries to the mother or baby
  • General surgery including urology, gynaecology, keyhole (laparoscopic) surgery
  • Plastic or cosmetic surgery including breast augmentation, rhinoplasty and a face lift
  • Orthopaedic surgery such as failing to properly treat fractures
  • Emergency care in A & E or by ambulance crew including failing to diagnose a stroke, heart attack, fractures or a brain haemorrhage
  • GP care such as misdiagnosing or failing to refer cancer, cardiac disease, a stroke or heart attack
  • Anaesthetist errors including anaesthetic awareness and anoxic brain injury
  • Nursing care such as failing to record patient information correctly and medication dosage errors

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

Yes, we’ll need to arrange a medical examination if you make a medical negligence claim, so that we can understand the full extent of your injury and your future prognosis.

We will organise for an independent medical specialist to examine you and their findings will go into a medical report that can be used as evidence in your claim. The more information we have, the better the chances of getting the maximum compensation you deserve.

Begin your medical negligence claim today

We understand how daunting starting a compensation claim can be on top of what is already an emotional time for you and your loved ones.

Our medical negligence solicitors have the specialist knowledge and compassion to listen sensitively to your experience and advise whether you may have grounds to bring a claim.

For expert guidance on the claims process, call 0800 316 8892 or contact us online. Your initial consultation is free and there’s no pressure to take things further.

Your key contacts

Marguarita Tyne

Head of Personal Injury & Medical Negligence

Marguarita Tyne is a claimant clinical negligence solicitor who investigates and brings claims on behalf of patients who have been injured during the course of their medical treatment, acting mainly (but not exclusively) for brain injury claimants in high value and often complex litigation.
View profile for Marguarita Tyne >

Kerry Fifield

Partner and Clinical Negligence Team Manager

Kerry’s primary focus is the needs of the client and their family when pursuing a claim, taking into account that each client is an individual with specific requirements who needs to be supported in addition to the legal investigation.
View profile for Kerry Fifield >

Meet our personal injury and medical negligence team

With seven offices throughout England and Wales, Clarke Willmott is a national law firm with a local presence. Click to learn more about our wider team of legal professionals and how they can support you.

Meet the team

Latest news and updates

Medical negligence

 Damages awarded to mother following Obstetric Anal Sphincter Injury (OASI)

Senior Associate Vanessa Harris from our medical negligence team is on the AMA Clinical Negligence Panel and specialises in helping women who have sustained birth injuries. . Vanessa explains a recent case and the positive outcome we achieved for the client.
Read more on  Damages awarded to mother following Obstetric Anal Sphincter Injury (OASI)

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