The NHS and other healthcare providers generally provide a good service but, unfortunately, occasionally things can go wrong, whether it is, for example,
- failing to diagnose your condition or made a wrong diagnosis
- made a mistake during an operation or other procedure
- gave you the wrong drug
- did not get your informed consent to treatment
- did not warn you about the risks of a particular treatment
Even if you have suffered an injury as a result of medical treatment, this does not mean that the treatment was necessarily negligent. You can only claim compensation if it can be shown that the care you received fell below medically acceptable standards and this directly caused your injury.
For example, if you were not examined properly, you would only win your case if it could be shown that had you been properly examined, that this would have prevented your injury.
If you have been injured as a result of negligent medical treatment, you may be able to take legal action for compensation. You could also take legal action for compensation if you are the next of kin of someone who has died because of negligent medical treatment or on behalf of someone else who does not have capacity to take legal action themselves.
You can claim compensation for any injuries or losses suffered and these can include:
- compensation for pain and suffering
- payment for ongoing treatment
- compensation if you cannot carry out certain activities or hobbies
- loss of earnings
- the cost of any extra care or equipment you may need
- the cost of adapting your home
- compensation for psychological damage
These are difficult tests to pass and expert advice is needed to work out whether you have a claim. Our specialist medical solcitors will be able to advise you and we will act for you on a NO WIN NO FEE basis meaning that you will not have to pay any legal fees should your case be unsuccessful.
Generally with personal injury claims, you will have 3 years to make a claim from the point of negligence, but with medical negligence claims you have 3 years from the date of knowledge or from the point where you were expected to know about the negligence. We urge you to contact us as soon as possible if you are not sure if you can claim or not.
Children under the age of 18 can make a claim up to their 21st birthday, which is an exception to the 3 year time limit.
Some of our main injury types include: