FAQs

 

Get some quick answers by reading our
Frequently Asked Questions.

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Why choose medicalnegligence.co.uk?

Medicalnegligence.co.uk is owned and hosted by Bridge McFarland LLP. Bridge McFarland LLP are a nationally recognised law firm with the knowledge and expertise to achieve quick, cost-effective and successful outcomes for everyone. You can find out more at bridgemcfarland.co.uk.

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What is medical (clinical) negligence?

Medical negligence put at its simplest is a civil claim for failures in medical care. It is when someone has been harmed because of treatment they have received from someone within the healthcare profession. That might be a GP, a doctor or consultant in an NHS hospital, a private doctor, nurse, physiotherapist or even a dentist.

Healthcare professionals owe a duty of care to their patients and if there is a breach of that duty which causes harm or injury then a patient could potentially be entitled to compensation because of injuries sustained that would not have been sustained but for the negligence.

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How do I know if my medical treatment was negligent?

Once your case is accepted, we start or investigation by requesting your medical records. Your case will then be reviewed by our in-house doctor. If further evidence is needed, we will consult an independent medical expert. If that expert is supportive of your claim, we fight your case and make your voice heard.

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What can I claim for?

Providing your claim is successful you will be able to claim compensation for pain, suffering and loss of amenity together with any financial losses that you have incurred as a direct result of any medical injuries sustained.

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Can I make a medical negligence claim for someone who has died?

Yes, providing that you are the executor or administrator of the deceased’s estate. We will advise you at the outset of your claim who is entitled to pursue the case.

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Can I make a medical negligence claim on behalf of my child or someone who lacks mental capacity?

Yes, if the patient is a child or lacks capacity within the meaning of the relevant legislation. Children under 18 and people who lack mental capacity need a litigation friend to give instructions for them and this will usually be a family member.

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What are my funding options?

Funding options include conditional fee agreements commonly referred to as no win, no fee agreements, legal aid, before-the-event insurance and trade union funding. Private funding is also an option. Most of our clients enter into a conditional fee agreement. Your funding eligibility will be assessed at your initial appointment and is subject to terms and conditions.

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How long will it take to complete my claim?

It takes approximately 12 - 18 months to complete our initial investigations to determine whether or not you have a viable claim to pursue.

The overall timeframe for us to reach a conclusion and for you to be awarded compensation, if the claim is successful, depends on a number of factors but generally we say it takes 2 – 3 years to achieve a settlement.

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I have already made a complaint. Do I have to wait for a response before approaching you?

No. If you have made a complaint but are still waiting to receive a response you should not hesitate to get in touch. If you have made a complaint and have received a response we will need to see both documents. That said there is no need to make a complaint before you approach us.

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Will I have to attend meetings?

An initial appointment can be held by attending one of our offices, during a home visit, on the telephone or virtually via Zoom or Microsoft Teams.

Throughout the duration of your claim we will keep you updated every step of the way. You may have to be examined by medical experts and attend meetings with those experts and a barrister who specialises in medical negligence. The meetings can be held at locations that are convenient to you.

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Is there a time limit on pursuing a claim?

There is usually a three year time limit within which you have to make a claim and that is generally three years from the date of negligent treatment or your date of knowledge of negligence. If the negligence involves a child, limitation expires when they reach 21 years of age. In fatal cases the time limit is generally three years from the date of death or the date of knowledge of the personal representatives. For those who lack mental capacity (within the meaning of the Mental Health Act 2005) we will need to assess the nature and extent of the disability to advise you. Assessment of the ‘limitation period’ is not always straightforward so do not let this put you off getting in touch.

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Will my doctor / hospital stop treating me if I bring a claim against them?

It is entirely at the discretion of you and your treating clinician. If you or your treating clinician consider that your doctor-patient relationship has broken down your treating clinician may consider that they can no longer provide you with treatment. However, if you have a complaint against your treating clinician it may not be wise to continue receiving treatment from them in any event.

 

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My claim was settled by another firm but I am unhappy with the outcome. Is there anything I can do?

An important part of your solicitor’s role is to ensure that you receive adequate compensation for injuries sustained as a result of the negligence. If your injuries were not assessed properly during the course of your claim then your solicitor may have been negligent in reaching a settlement. Consequently, your claim may have been undervalued. If you think this has happened to you, please get in touch.

Similarly, if your claim has been settled but you are now experiencing further complications that were not considered at the time of settlement please get in touch today to see if we can help.

Start your claim today

Fill out this contact form or call us today for FREE advice at 0800 987 8800.

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