Medical Negligence Solicitors

Medical negligence refers to any failure in a medical professional’s duty of care to their patient, in a way that causes undue suffering – whether that’s because it’s worsened an existing condition or injury, or even caused a new one entirely.

Medical negligence can arise from a misdiagnosis (or delayed diagnosis), incorrect treatment, or surgical mistakes. Cases can also arise in cases where symptoms were missed or ignored, or from a medical device or item not functioning as it should, causing illness or injury as a result.

If you plan on submitting a claim for medical negligence, the very first step is to contact us here at Farleys Solicitors. That gives us as much time as possible to assess your situation and explore your options with you, and complete vital early work on your case while you still have the details fresh in your mind. Starting earlier also means it’s easier for us to obtain vital records or information that might be pertinent to the success of your case.

If the NHS or private healthcare provider named named in your claim admits responsibility for your injury or condition, we may be able to secure interim compensation payments to assist with your rehabilitation while your claim is ongoing, before your final compensation settlement. This can help with some of the immediate medical costs and additional daily living expenses that may have been incurred as a result of your claim.

Generally, medical negligence claims must be made within three years within the date the negligence occurred, or within three years from the date when you first realised you may have had negligent treatment.

(This extra leeway exists because the effects of some injuries or illnesses may only develop gradually, and the person affected may not even realise they have been injured / affected. It also helps get justice in cases where the connection between the injury and the treatment may not be immediately obvious.)

The three-year rule isn’t universal – there are a few notable exceptions.

1. Children – a child affected by medical negligence may make a claim at any time before their 18th birthday. The three-year rule comes into effect on their 18th birthday, which means they ultimately have until their 21st birthday to make a claim.
2. Mental capacity – if a person affected by medical negligence lacks the capacity to make a claim for themselves, there is theoretically no time limit for their carer or loved one to make a claim on their behalf

To be honest, it depends. Medical negligence claims can take anywhere between eighteen months to up to three years, and sometimes longer. It’s difficult to be more specific than that, because every case is affected by its own specific set of circumstances, and a few key factors. These include:

• The severity of the injury in question
• The complexity of the complaint
• Whether or not the defendant willingly admits fault

We always aim to resolve medical negligence cases as efficiently as possible, but it’s not a quick process, so make sure you’re prepared before launching your claim.

It’s not impossible, but it’s highly unlikely that your medical negligence claim will go to court. Research from NHS Resolution notes that less than 1% of claims go to court, and the vast majority are resolved without formal proceedings. It’s a reasonably safe bet, therefore, that you won’t be required to appear in court.

Either way, you can count on us to help here at Farleys Solicitors. We’ll provide you with all the specialist advice and assistance you need to ensure that you’re properly represented in court, giving your case the very best chance of success.

The amount you’ll be able to claim largely depends on the specifics of your case. Several key factors will be taken into consideration before a final ruling is made. These include (but are not limited to):

• The severity of your injury
• The degree to which it’s affected your daily life
• The impact it’s had on your finances

Yes, the majority of the medical negligence claims we take on are on a no-win no-fee agreement, so we can pursue a claim on your behalf at absolutely no financial risk to you.