Medical negligence is also known as Clinical negligence and concerns claims against healthcare or medical professionals. The healthcare professional may be working privately, or working for the NHS.
If you feel substandard treatment or incompetence has caused you or a loved one harm, you will be looking for answers and want to know what can be done.
To be successful in a medical negligence compensation claim – or if your loved one has suffered as a result of negligent treatment and you’d like to claim on their behalf – we need to prove two things:
There are several tests we can use to determine whether the medical care received was negligent. For example Did the person who treated you reach the standard of a reasonably competent medical practitioner in his/her field? If not, we may be able to say they were negligent. Did the person who treated you do so in a way that no responsible body of medical experts would have done? If so, again, we may be able to say they were negligent. Sometimes however, medical professionals may have different but acceptable ways of treating the same condition. Generally, choosing one rather than the other will not be negligent. Similarly, if a doctor follows an accepted standard practice, this will not usually be negligent.
If we can show breach of duty, we must also be able to show that this caused you some injury or harm. For example If a doctor is negligent in prescribing you the wrong tablets, but you do not actually take those tablets, we cannot prove that you have suffered harm. Similarly, in an obstetric case, it is essential that we can link any mismanagement during labour with the child’s disability.
Each medical negligence case is different and we always evaluate each set of circumstances individually.
At BTTJ we use independent medical experts, who are usually of the same speciality as the alleged negligent medical practitioner, but who have not been involved in your treatment. Each independent expert will study your medical records, your statement, and any other relevant documents. They may need to also examine you. They will then advise us whether they consider any of the medical practitioners who treated you fell below a reasonable standard of skill or care. From this, we should be able to assess
To find out if you have a claim the best thing to do is to get in touch with us. At BTTJ our medical negligence team are specialists in pursuing compensation for medical negligence claims. From the outset, any information and advice will be treated confidentially and with the utmost sensitivity. We will listen carefully to what has happened and let you know if you have a claim.
There are some key steps we will go through on your behalf in order to seek the medical compensation you deserve. These include:
More information, including time limits for making a medical negligence claim can be found by clicking here for our FAQs.
We work on a no win no fee agreement basis and this removes the financial risk to you. So if you do feel you have been let down, please call us and see how we can help.
Our medical negligence solicitors spend their time, experience and knowledge solely on helping people who have been affected by preventable medical treatment mistakes and negligent treatment.
Our experienced team is led by Tom Barnes, who is a member of the Law Society’s Clinical Negligence Panel and the Action against Medical Accidents Panel (AVMA). Tom has been recommended for his expertise in medical negligence law in the Legal 500, a client’s guide to the legal profession. We have also been awarded the Specialist Quality Mark.
We are highly experienced in a wide range of claims and we’re able to assess a case, understand it and then represent you compassionately & effectively. You’ll get an assigned medical negligence lawyer and we will look after you at every step of the way.
For any help and for confidential advice, please get in touch.
To find out more about medical negligence and how we pursue a claim, please click on the link below to download our brochure.
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