Expert guidance and support for clinical/medical negligence compensation claims

Clinical negligence (also known as medical negligence) is substandard or negligent healthcare treatment which results in injury or additional illness. It can mean a delayed or bad diagnosis, failed or unsatisfactory surgery, inadequate or incorrect care, or even a wrong path of investigation and/or treatment being recommended and undertaken - all of which result in a Claimant ending up with a less than preferable outcome. This could be due to errors being made by your GP, hospital, or dentist - including both NHS and private providers.

Our clinical negligence specialists are here to listen to your concerns and to advise you on any potential claim for compensation.

We are happy to consider acting on a ‘no win, no fee’ basis should there be no other funding options available, which will limit the fees that you have to pay to pursue a claim as your claim continues.

Why choose Battens?

  • If we are able to assist, we can help you with every aspect: from preparing and pursuing initial complaints to serving legal proceedings.
  • We know that bringing a claim for clinical negligence is daunting, but we have the expertise to guide you through it safely and successfully.
  • We ask the correct questions to get to the important issues, we investigate your concerns fully, and we obtain answers as to the care provided and decisions made.
  • We know that it is not just about compensation, but also about ensuring lessons are learnt for the future.
  • It may be necessary to obtain an independent expert medical opinion about what has happened, and we will support you with that process.
  • Battens’ specialists give independent advice on your funding options and are able to act on a ‘no win, no fee’ basis in many cases.
  • Our specialist bespoke team can offer you a named specialist who will be with you from beginning to end, and who will have full knowledge both of you as a person and of every aspect of your case such that there is no risk of any relevant detail, however small, being missed.

We are here to make sure that you are properly advised and supported to get the compensation to which you are entitled.

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Clinical and Medical Negligence

Specialisms include:

A&E

A&E negligence claims arise where substandard care in Accident and Emergency departments has caused harm. These incidents can include failing to diagnose and treat conditions (including missed fractures), failing to admit or refer a patient for further investigation, inappropriate discharge, and inadequate patient examination. Whilst we all know that A&E departments are extremely busy, unfortunately errors can happen and sometimes these errors lead to harm being suffered.

Amputation

An amputation claim in medical negligence is where a patient has suffered an amputation or lost limb because of substandard care. If you believe you have lost a limb due to medical negligence, then please do contact us. This is a life changing event which can impact you not only physically, but also psychologically and financially.

Brain Injury

Brain injury claims caused by medical negligence occur when you or a loved one have suffered brain damage as a result of receiving substandard medical care. Cases of this nature could include a failure to provide appropriate care for a head injury, inadequate or delayed treatment of neurological conditions (i.e. stroke or brain tumour), or delays in treating an infection.

Cauda Equina Syndrome

A claim for medical negligence can arise where there is a negligent delay in treating cauda equina syndrome. This is a condition where the bundle of nerves at the lower end of the spinal cord become compressed. This is a medical emergency and any failure to treat it promptly can result in permanent nerve damage. Where healthcare professionals fail to recognise and treat this condition in a timely manner, then patients can suffer significant and life changing injuries.

Cancer misdiagnosis

We know that receiving a cancer diagnosis can be devastating news, for both the patient and their family. It is therefore very regrettable that medical errors can occur when diagnosing cancer. If you have received a misdiagnosis or a delay in diagnosis, you could be entitled to claim for compensation. If a mistake is made, then your cancer can become more difficult to treat and in some cases incurable.

Childbirth / Pregnancy Negligence

If you or your child have been negligently injured during pregnancy or childbirth, then you could be entitled to claim compensation. Example cases include ectopic pregnancies, maternal injuries (including bladder and bowel complications, or perineal tears), shoulder dystocia, delay in delivery, Erb’s palsy, cerebral palsy, stillbirth and neonatal death.

Delay in diagnosis

When treating any condition, it is essential that treatment is provided in a timely manner. Patients can however suffer delay in receiving a diagnosis, and this can result in delaying appropriate treatment and sometimes even impacting upon future health. Where you have received a delayed diagnosis, and this has had a detrimental impact, you could be entitled to claim compensation.

Dental Negligence

You may have received poor dental care which has left you with ongoing pain, issues of infection or disease, had the wrong tooth extracted, suffered nerve damage, or had a delayed oral cancer diagnosis. If so, you could be entitled to compensation. We are experienced in managing claims involving dental practitioners, and where substandard care has resulted in harm.

Diabetes mismanagement

Failings in the management of diabetes can often result in a claim for compensation. If your diabetes is not managed correctly then complications can include sight issues, foot problems, heart attacks, nerve damage, and other long-term issues. If you believe you have suffered harm because of inadequate care, then please do contact us for an initial consultation.

GP negligence

If you believe you have received inappropriate care from your GP which has caused you harm, then you could be entitled to compensation. Examples of inappropriate care include misdiagnosis or a failure to diagnose, a failure to act upon test results, or a failure to refer for appropriate further testing.

Hospital errors

Unfortunately, errors can occur when receiving care at both NHS and private hospitals. If you believe you have received poor care which has had a detrimental impact upon you, then you could be entitled to compensation. Example claims are misdiagnosis or failure to diagnose (including undiagnosed fractures), incorrect treatment or poor treatment, surgical complications and errors, and administrative errors.

Meningitis mismanagement

Meningitis negligence claims can arise from substandard care, delayed treatment, or misdiagnosis. Should a medical practitioner have failed to meet the standard of care expected, and you or a loved one have suffered harm as a result, you could be entitled to bring a claim. Substandard treatment of meningitis can result in serious injury or even death.

Mental health

Where mental health services have failed to provide an appropriate standard of care, it can result in harm to a patient and in some cases the avoidable suicide of a loved one. Example claims include failure to correctly diagnose and treat a mental illness, failing to supervise a patient, failing to provide a safe environment, not heeding family warnings, issues with admission and discharge, and failure to prevent suicide. We have the necessary expertise to advise you whether you are entitled to bring a claim and often in sensitive and difficult circumstances.

Misdiagnosis

Regrettably patients can be misdiagnosed when receiving treatment, and this can result in harm being suffered. Our Lawyers are experienced in dealing with such claims and can advise you as to whether you could be entitled to claim compensation, and where a misdiagnosis has been provided negligently and has caused you harm.

Ophthalmic negligence

Inadequate eye care can have serious implications including permanent sight loss, visual impairment, and other permanent complications. Where such complications could have been avoided, you could be entitled to compensation.

Orthopaedic errors

You may be entitled to claim for compensation where negligent orthopaedic care has caused you harm. Where errors have been made it can result in significant and long-lasting complications, including ongoing issues of pain and mobility. If you believe you have suffered harm following orthopaedic treatment (including surgery), then contact us to speak about making a possible claim.

Pressure sores

Pressure sores (or pressure ulcers) are skin damage caused by sitting or lying for long periods without moving. Pressure sore claims arise when healthcare providers fail in their duties to do everything they can to avoid ulcers forming. This includes regular repositioning. Where healthcare professionals fail in their responsibilities compensation could be owed, and given pressure sores can develop and lead to a range of complications including infection.

Sepsis

A sepsis negligence claim arises where healthcare providers fail to properly diagnose or treat sepsis. Sepsis is a potentially life-threatening condition, and it is vital that care is provided in a timely manner. Where there are failings in the treatment of sepsis, this can lead to death or significant injury. In certain cases, family members can claim compensation for a wrongful death from sepsis.

Spinal injury

A spinal injury claim arises where negligent care causes or worsens a spinal injury. This could include a delayed or missed diagnosis (including cauda equina syndrome), inadequate treatment, or errors during spinal surgery. As spinal injuries can have a catastrophic impact upon your life, being aware of when this has come about due to negligence is important. We can advise you on whether you could bring a claim for compensation.

Stroke injury

The consequences of a stroke can be life-changing and can include paralysis, difficulty speaking and swallowing, and memory loss. Where you or a loved one has suffered a stroke following a misdiagnosis, you could be entitled to claim compensation. Such claims can arise where there have been missed opportunities to prevent a stroke, and where appropriate management, treatment or medication has not been provided.

Surgical errors

Surgical error claims arise where something goes wrong before, during, or shortly after surgery. Unfortunately errors do occur and despite surgeons being highly skilled professionals. Example cases can include a failure to appropriately consent a patient for surgery, failing to carry out a procedure appropriately, undergoing an unnecessary procedure, operating on the wrong body part, or causing damage to another part of the body. If you believe you have suffered as a result of a surgical error, then please do contact us to discuss further.

FAQs

What is clinical (or medical) negligence?

All healthcare professionals owe a duty of care to their patients. This means they must work to a standard that accords with accepted practice and observe all reasonable care in the provision of their particular treatment or therapy. Negligence usually occurs when the professional’s care falls below this expected standard, perhaps due to a mistake or poor judgment, and you may have a claim for compensation if this negligence causes injury or makes an existing injury worse.

What does ‘clinical’ mean?

‘Clinical’ in the term ‘clinical negligence’ is a catch-all word used to describe all aspects of healthcare and treatment. The phrases ‘Clinical Negligence’ and ‘Medical Negligence’ are often used interchangeably. They both encompass not just hospital treatments but care by any professional providing healthcare treatments or therapies, such as a GP, dentist, or physiotherapist. Sometimes the negligence may relate to a surgical mistake, sometimes it may relate to poor nursing care. The word ‘clinical’ is just a generic description for something healthcare-related.

Do I have a case for clinical negligence?

As indicated in question (2), there are many different types of claim. However, successful claims have common elements, and whether you have a case is dependent on whether you have the required elements, namely:

a) Whether you received negligent care (i.e. below standard). This means you must demonstrate your care was below the standard expected of a ‘reasonable body of practitioners’; and

b) Whether you have suffered injury or harm as a result of receiving the negligent care in (a) above. This may seem straightforward in some cases but it can often be difficult to demonstrate due to the need to separate what injury was present before the negligent care was provided, and what additional injury has happened solely as a result of the negligent care.

Should I complain first?

Yes. Bringing a complaint will help you to get answers to what has happened and perhaps why particular decisions were made. The information uncovered during the complaints process can be extremely valuable when determining what went wrong and whether you have grounds for a compensation claim. It may also trigger an apology or admission.

Healthcare providers have a ‘Duty of Candour’ meaning they have to be open and honest with you about mistakes. If you are unsure or concerned about making a complaint, remember that you can discuss your concerns with us confidentially either before or after the complaint stage. We may also be able to assist you in preparing your complaint to ensure that all the important questions are asked and answered.

Will bringing a claim affect my ongoing treatment and care?

It really should not. If you complain or instruct Lawyers to investigate or even pursue a claim, this should not impact your ongoing treatment. However, if your complaint is about your treating clinician, clearly the patient / doctor relationship might be affected, and you may want to consider asking to be referred to someone else. If you are unhappy with your treating clinician, being referred elsewhere may of course be better all round.

Is there a time limit?

There is a strict deadline which applies to clinical negligence claims. Formal court proceedings must start within 3 years of the actual incident or the date you became aware of negligence occurring. There are exceptions to this rule but working to the three-year principle is the safest approach.

Please note that the three-year deadline is not a trigger date for you to start action! There is a lot that can be and should be done within the three-year period. The justice system has created a formal pre-court process to follow to resolve medical negligence disputes. This process frequently results in a successful settlement without the need to involve the courts.

Do I need to go to court?

Not necessarily. In fact, the vast majority of cases settle without needing to go to court.

What happens if the patient has died?

Claims can be brought by the Estate of the person that has died. The Personal Representatives of an Estate or Executors, have the authority to instruct legal representatives and pursue claims.

What does it cost? How can I pay for it?

The legal costs in pursuing a claim can be high, particularly if a case goes to court. Fees are made up of legal costs and specific expenses like the cost of expert medical reports and court fees.

There are however various options available to fund a claim and make it financially possible.

Many cases are suitable for a ‘No Win No Fee’ agreement, also known as a Conditional Fee Agreement.

In the alternative, you may have the benefit of pre-existing insurance (often appended to home insurance) to cover any legal claims you may encounter.

Legal aid is generally not available following changes in the law.

Our team will be able to talk through the funding options with you, and to ensure that anything you do need to pay in costs is kept to a minimum.

How much can I expect to win?

This is very difficult to answer as each case is different. The level of compensation is specific to each individual case. Compensation is generally made up of two elements; a figure for the pain and suffering that you should not have had to endure (‘General Damages’), and a figure for financial losses such as loss of earnings (’Special Damages’). The pain and suffering element is often calculated by reference to similar cases and will reflect the impact on your daily life as well as any specific pain and suffering you have experienced.

Contact us about your clinical negligence claim

Please provide the name of the treatment provider (if you have it) and the name of the practice, company or hospital they work for.
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“Thank you Peter, Kate and the team for the excellent service I have received from you. Thank you once again.”

J Chant