We all rely on the NHS or private medicine for our health, but what happens when something goes wrong? The experts from Leigh Day look at some of the common circumstances and solutions
What is the definition of medical negligence?
Medical negligence – also known as clinical negligence – is when a medical professional provides substandard care that causes injury, death or an existing condition to worsen. If you or a loved one have suffered from medical negligence, Leigh Day can help you bring a claim.
What are some common examples of medical negligence?
Our experienced and expert team of lawyers works across a wide range of areas, including high value claims for maternal injury, cerebral palsy, brain injury, spinal injury, amputation and claims arising from deaths.
What is the legal test to prove a claim?
To be able to bring a claim, you will have to prove, via independent expert evidence, that:
(a) The quality of care provided by the medical professional(s) fell below the standard that is reasonably expected (this is known as breach of duty of care or negligence) and
(b) But for the identified negligence, on the balance of probabilities, you have suffered injury and losses (this is known as causation).
What type of compensation or damages can you recover?
Compensation is awarded to acknowledge the physical and emotional pain you have suffered and its impact on your quality of life.
There are two elements to the compensation arising from clinical negligence:
(1) General damages also known as compensation for “pain, suffering and loss of amenity”. This is compensation for the injury itself and it is dependent on your condition and prognosis. The figures awarded for general damages are fixed by judges on a tariff basis and when advising you, we will be guided by expert evidence, the tariff and precedent case law.
(2) Special damages, which covers actual financial losses and expenses arising from your injury – both past and future. These can include lost earnings, costs of caring for an injured person, accommodation and adaptations, costs of physiotherapy, medical treatment and expenses and other expenses that may be particular to your claim
What sort of amounts might be involved?
How much compensation you will receive is dependent on the severity of the injury and its impact on you. We will obtain expert evidence to advise on your condition and prognosis and we will carefully consider all the evidence available to advise you about the value of your claim. In addition to our specialist lawyers, we work with our in-house forensic accountants in the preparation of your claim for damages.
Some examples of compensation payouts for medical negligence Leigh Day has secured include:
• In excess of £30 million for the lifelong care of a boy starved of oxygen at birth.
• £2.25 million for the life-changing neurological injuries a man suffered when doctors failed to investigate spinal compression after surgery.
• £2.235 million for a man who underwent a below the knee amputation.
• A six-figure settlement for a woman whose delayed diagnosis of sarcoma led to life-changing facial injuries.
More serious injuries resulting in life-long incapacity affecting someone’s ability to work and to care for themselves will attract the largest awards. These are the types of settlements that are usually reported in the press. Mainly, they will consist of compensation for future losses and expenses. The two biggest items are often costs of care and loss of earnings. However, each case is dependent on its own facts.
If you recover well from your injury, however serious it was at first, then your potential claim is likely to be limited to a claim for general damages, plus perhaps some loss of earnings and incidental expenses.
How long might it take to get a judgement?
The time taken to pursue a claim can vary. It may take years rather than months, and often depends on:
• The severity of your injuries.
• Whether the claim is contested.
• How fast the relevant hospital discloses your medical records.
• If the case goes to court.
There are other, more complicated factors that may determine how long your claim takes to process.
Are there time limits to bring a claim?
Generally, the claim must be brought at Court within three years of the date of injury or medical treatment. However, there are some exceptions to that rule, for example, if there has been a delay in diagnosis. Also, for children the three year time limit does not start to run until their 18th birthday, or if a person lacks mental capacity.
If you think or suspect that you have suffered harm as a result of medical care, it is important to contact a specialist clinical negligence solicitor as soon as possible.
How can experts such as Leigh Day help with a medical negligence case?
Leigh Day is recognised as a specialist in medical negligence and ranked tier 1 by the two foremost legal directories, Chambers & Partners and The Legal 500. We have also been awarded UK Law Firm of the Year at the Chambers Europe Award 2023.
Our lawyers are consistently praised for their extensive experience and expertise in dealing with cases involving complex and catastrophic injuries. Many of our lawyers have been instrumental in the development of the law in medical negligence cases and in achieving some of the highest-value settlements for our clients.
Choosing a lawyer to help you with a medical negligence claim can come at a worrying and stressful time. We are here to help reassure you that you are speaking to a specialist and skilled team of experts.
How much will it cost me to pursue a medical negligence case?
The most common way of funding a claim is through Conditional Fee Agreements (also known as “no win no fee”). In some cases, for children who have suffered a neurological injury around the time of their birth, legal aid may be available. Some people have legal expenses insurance which can provide some cover of their legal costs.
The costs associated with pursuing a medical negligence case are dependent on the case itself. Your lawyers will give you advice about costs at the outset of the case and keep you updated regularly.
What’s the story behind Leigh Day?
Leigh Day is a law firm established to combat injustice. Championing the underdog, the firm stands against entities and their wrong doings. Through hundreds of cases, Leigh Day secures compensation, influences legal changes and restores justice.
Comprising 800 passionate individuals, Leigh Day welcomes those with just causes, assuring them access to objective, professional advice, with a commitment to an open, honest relationship. Our promise is to afford ordinary individuals the same quality of legal advice as state bodies, insurers and multinationals.
Leigh Day’s many specialisms include: personal injury, industrial disease, group claims, medical negligence, employment, human rights, international and environmental issues. The firm has represented clients in a wide range of high profile cases, including the family of Molly Russell, the families of Forbury Gardens attack victims, as well as ongoing claims for equal pay for supermarket store workers and those affected by River Wye pollution.
Regardless of where injustice unfolds, Leigh Day stands as an unwavering force, ready to fight relentlessly for justice.
Where can I find out more about Leigh Day?
For more information about the Medical Negligence team at Leigh Day, visit:
Medical Negligence Success Stories | Leigh Day
Or contact us on:
020 7650 1200
postbox@leighday.co.uk
