If you think you have a claim for medical negligence, where do you go for help? 
Janine Collier, Executive Partner of the Medical Negligence team at Tees Law looks at some of the issues
What are some common types of medical negligence claims?
We see many cases involving:
- Failure to detect congenital abnormalities such as Down’s Syndrome, Spina Bifida antenatally.
- Maternal incontinence after childbirth
- injuries to the child (e.g. cerebral palsy erbs palsy) because of substandard care antenatally, during labour or after birth
- delayed diagnosis of childhood conditions such as congenital hip dysplasia, retinopathy of prematurity, meningitis, or tuberculosis
- delayed diagnosis of sepsis, which can lead to life changing injuries such as amputation, or brain injury.
- delayed diagnosis of cancer in children and adults
- adult brain injuries, such as stroke, arising out of delayed diagnosis/treatment of conditions such as mini-strokes, brain tumours and hydrocephalus.
- surgical errors resulting in injury.
- avoidable sight loss arising out of delayed diagnosis of brain tumours, and delayed diagnosis/treatment of ophthalmic conditions such as glaucoma, giant cell arteritis, detached retinas.
How much compensation is given?
Every case is unique – the amount of compensation will depend on the severity of the injury, any financial losses suffered, and your future needs. Past financial losses, such as lost earnings and care are carefully assessed. We also look to anticipate future financial losses and consider potential future loss of earnings, cost of case management and care, medical treatment and therapies, any additional accommodation needs, and other expenses. Settlement amounts can vary significantly ranging from thousands to millions of pounds, reflecting the individual circumstances of each case.
What do I do if I am concerned about the medical care I have received?
Pick up the phone and speak to us. Our specialist team of medical negligence lawyers will then be able to offer some initial advice and guide you as to whether it is best to make a complaint to the healthcare provider, the GMC or CQC and on the way forwards if you wish to consider investigating a negligence claim. We are also able to signpost you to other organisations who may be able to help.
What is a ‘No Win No Fee’ arrangement?
A No Win, No Fee arrangement means that you can pursue your case, without carrying any financial risk – you won’t have to pay for any legal costs, or third-party costs associated with your claim, unless you win your case. If your claim is successful, we guarantee that you will receive at least 75% of the compensation awarded, after legal costs have been paid. Most of our clients choose to fund their case through a no win no fee agreement.
How much will I pay if I do win my case?
It is impossible to give an exact figure as this will depend on the stage that the case settles, the amount of compensation recovered and other factors, such as the approach the Defendant takes to the case. However, to offer you certainty, we guarantee to cap your total costs liability to 25% of your compensation. This means that you will receive at least 75% of the total compensation awarded, after legal costs have been paid.
Can I get a free assessment of my claim from Tees Law?
Yes! We are here to listen and to help. When you contact us, your case will be assessed free of charge by a specialist medical negligence lawyer, with over 40 years’ experience. You will receive expert, straightforward, and honest advice. If the initial assessment identifies areas to be further investigated, we will then explain the options for funding these (including No Win, No Fee Agreements).
How can Tees Law help me to conduct my case?
We will provide you with exceptional expert advice and legal guidance.
What’s the story behind Tees Law?
We are here to help people to a better future. We want to make a difference. Our medical negligence team not only help our clients positively plan for the future but also work with other stakeholders to improve patient safety. We are committed to doing business responsibly and driving positive change in our world. We invest time and resource in our communities, through pro bono advice, volunteering, charitable giving and building partnerships. We have committed to being net zero by 2028.
Where can I find out more about Tees Law?
We are here to help people – whether that be navigating a legal problem, securing financial stability, or planning for the long term. Not only do we have a market-leading specialist medical negligence team, but we also offer advice in:
- Family law (fertility and surrogacy, adoption, pre-and post-nuptial agreements, separation and divorce, child custody and financial settlements)
- Dispute resolution (e.g. conflicts with schools, consumer rights, property disputes)
- Buying and selling a house
- Later life planning (income protection, making a will, powers of attorney, pension and investment, equity release, care fees planning and gifting money to children)
- Employment law
Find out more here.
