Medical Negligence

We specialise in all aspects of medical negligence and have secured multi-million-pound settlements for many victims. Read on to see how our medical negligence solicitors can help you, along with a handy FAQ to answer some common questions about medical negligence claims.

What is medical negligence?

Medical negligence (also known as clinical negligence) is when the standard of care/treatment given to you was below that to be expected of reasonably competent medical staff and that, as a result, you have suffered an injury.

Depending on the professional involved, medical negligence may include:

• Failure or delay in diagnosing.
• Failure to treat or providing the wrong treatment.
• Errors made during surgery or other treatment.
• Prescribing, dispensing, or administering incorrect medication.
• Failing to advise of suitable alternative treatments.

Negligence can happen at any stage in the care process, from diagnosis through to treatment and surgery.

How our medical negligence solicitors can help you

We specialise in all aspects of medical negligence work from maximum severity brain injury, amputations, spinal cases, fatal accident claims, delayed diagnosis, misdiagnosis claims, and negligent surgery matters. Our diligent team has an excellent reputation for approachable client care. We have secured multi-million-pound settlements for many victims of medical negligence or clinical error. This secures and provides much needed financial security for vital care and equipment costs. Our results, across many high-profile and cutting-edge cases, demonstrate our robust experience and strong reputation.

There is usually only one chance to investigate and pursue a medical negligence claim. As these cases are subject to time limits, it’s important to instruct specialists as soon as possible. We will provide the expertise to ensure that your claim has the best possible chance of success. Bringing a claim can also help ensure improvements in medical standards and treatment, so that the same thing doesn’t happen again.

It’s key to have support in place right from the start of the process. Our initial consultations are free, and we are happy to meet with you virtually, at home, in hospital or another setting. We can discuss your funding options at this meeting, which include No Win No Fee and Legal Expenses Insurance.

We can assist you to make the initial formal complaint and walk you through any potential compensation offers under the Redress Scheme (in Wales).

We will review your medical records with experts to gain a complete picture of your case. There must be both credible liability (treatment was below an acceptable standard) and credible causation (the injury or worsened condition was caused or contributed to by the negligent treatment) for a claim to proceed.

Over 99% of our cases are resolved out of court. We are a caring team of skilled negotiators and work hard to obtain full compensation for injured patients and their families.

Recent claims we have supported include:

  • Accident and Emergency Claims
  • Adult Brain Injury
  • Claims against GPs
  • Amputation Negligence
  • Birth Injury and Cerebral Palsy
  • Cancer Misdiagnosis
  • Cauda Equina Syndrome Claims
  • Cosmetic Surgery Claims
  • Fatal Medical Negligence and Inquests
  • Deep Vein Thrombosis Misdiagnosis
  • Diabetes Claims, Dispensing or Drug Administration
  • Epilepsy Care
  • General Surgery Claims
  • Hospital Infections including MRSA
  • Misdiagnosis of Fractures
  • Meningitis Claims
  • Ophthalmic Negligence
  • Pregnancy and Maternal Injury
  • Sepsis Negligence
  • Spinal Injury
  • Stroke Misdiagnosis
  • Subarachnoid Brain Haemorrhage Negligence
  • Wrongful Birth

Watch our video below to see some of our client feedback:

Medical Negligence FAQs

How much will it cost to bring a medical negligence claim?

We will provide you with a free initial consultation.

Most of our cases are funded by a “no win no fee” agreement which means you will not be responsible for legal fees. You may require legal expense insurance, but we will discuss all funding options with you prior to your instruction.

Don’t let cost worries put you off from bringing a case. Although you may be concerned, it is not a bar to pursuing a case. We will discuss all options with you.

How long are medical negligence cases likely to take?

It is very difficult to give precise information about how long your case will take because every case is different and there is no defined timescale. It will depend on a number of factors including the complexity, the nature of your injuries and whether the claim is contested.

Medical Negligence cases can be notoriously protracted, due to their complexity and the need to obtain expert evidence. You will need patience as they are not normally concluded quickly.

Can I claim for medical negligence compensation?

Each case and each compensation award is different.

The compensation you may be entitled to will depend upon the particular circumstances of your claim but will include sums for the pain, suffering and loss of amenity caused (known as “general damages”).

In addition, you will be entitled to compensation for any financial losses or out of pocket expenses you have already incurred and expenses which you may incur in the future (known as “special damages”). Special damages can include aids and equipment, medication and prescription costs, private treatment and rehabilitation costs, travelling expenses, loss of earnings, loss of pension, care given to you by friends and family, and house adaptations or a new property.

What are the time limits for bringing a medical negligence claim?

The general rule is that a medical negligence claim must be brought within three years of the date of negligent act or the date you first became aware that you had suffered an injury due to negligence.

The following exceptions apply:

• Children: The three-year time limit starts from your child’s 18th birthday, so an injury claim needs to be started before they turn 21.
• Death: If you are claiming for a partner or family member who has died as a result of negligence, the three years starts from the date of death or when the negligence is discovered – whichever is later.
• Mental Capacity: Where the injured person lacks mental capacity at the time of injury, there’s no time limit until and if they gain capacity.

Will I have to go to Court?

The majority of medical negligence cases settle “out of court”. Cases that are most likely to go to court are those where liability is contested, or where there are complex issues about the nature of the injury you have suffered. In this case, we will be with you every step of the way.

Will it affect my treatment?

You should not experience any problems relating to your ongoing treatment from a person or department you are claiming against. However, some people do feel uncomfortable, and you have the right to request to transfer your care elsewhere.

Why choose Geldards?

We are a friendly and empathetic team with a proven track record in achieving justice and compensation for victims of medical negligence.

We are specialist medical negligence lawyers who understand complex medical issues with decades of experience. We are Members of the Law Society Clinical Negligence Panel and the Action against Medical Accidents (“AvMA”) Solicitors Referral Panel.

Most importantly, our medical negligence specialists understand what you’re going through. We know that, beyond compensation, you’ll want to know why things went wrong and we’ll help you get the apology and answers you deserve.

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What clients say

"Reasonably small when compared with those clinical negligence departments in other major firms but it has a lot of good quality work and is very well run."

Clinical Negligence: Claimant, Wales, Legal 500 2021

"it is quite a dynamic department" that is "very well organised and very efficient."

Clinical Negligence: Mainly Claimant, Wales, Chambers & Partners 2021

"Despite lacking the resources of some of the larger firms in the ranking, Geldards LLP's five-strong team punches above its weight and regularly handles cases of the utmost severity. "

Clinical Negligence: Mainly Claimant, Wales, Legal 500 2022

"The team are very positive, always well prepared and well resourced."

Clinical Negligence: Mainly Claimant, Chambers & Partners UK 2022

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