If you go to see your doctor at a GP surgery or you are being treated or cared for in a hospital or other medical practice, there is a prescribed and legally recognisable level of care that must be met.
If the care you receive from a doctor, surgeon, or any other healthcare professional falls below an acceptable standard, in breach of the duty of care and, as a result, you suffer illness or injury, you have the right to claim compensation for your pain and suffering and associated financial losses.
Penny Langdon is a great solicitor! She took on my medical negligence case and got a great result. She was not only very professional but she was also very supportive and genuinely cared about my well-being after going through such an awful experience Thank you Penny Langdon
At Wellers Law Group we appreciate that lives can be turned upside down when medical mistakes are made and we have the experience and expertise to successfully claim the compensation that you need and deserve.
The medical negligence team can help you understand whether you have a claim against a doctor or the NHS. We offer a free, no-obligation first meeting so that you can tell us about your treatment and we can work out whether your claim is likely to be successful. We will advise you of the funding options available to you, including “no win, no fee” agreements. You can contact the team on 020 8290 7958 or email us. Alternatively, fill in our short online form and we will call you.
We can also assist by offering you our free Personal Injury Claim Guide, which is designed to answer the most common questions about the process of making a claim. Click below to download your copy.
Medical Negligence – The Basics
It may help to have a basic understanding of what you need to prove in law to successfully bring your claim.
To succeed in your claim for clinical or medical negligence you, the Claimant, must prove three things, which are:
- You must show that you have suffered harm or damage i.e an injury: This might seem obvious but often we are asked if you can make a claim if the doctor has done something wrong even though little or no damage has resulted from this. Harm, in medical negligence claims, means physical and/or psychological damage.
- Breach of Duty: You must show that the clinician or doctor has breached their duty of care to you. This can be difficult because an error of judgement does not necessarily amount to negligence. The test in law is to judge the doctor’s actions by the standard of the ordinary competent physician in the relevant field of medicine. If the Court finds that the care provided accords with a responsible body of medical opinion, i.e. if a lot of doctors would have done the same thing in the same circumstances, their actions may not be negligent, even if it turns out to have been the wrong course of action.
- You have to prove that the breach of duty caused the injury: This is not normally as straightforward as it seems. For example, it is often the case that the underlying or pre-existing condition caused the damage and this would have happened anyway, with or without the doctor’s mistake.
Types of Medical Negligence Claim
There are a number of different ways in which your doctor or hospital may have failed in their duty of care. Click on the links below to find out more:
GP and Doctor Failures
This list is not exhaustive and you may feel that you have suffered harm as a result of some other form of medical negligence. Contact Wellers today and we will discuss your circumstances.
An important issue to consider is whether you are in time to make a claim. Under the Limitation Act 1980, you have 3 years from the date of knowledge that you have a claim, to make that claim. This date is easy to establish in some cases. For example, if the surgeon removed the wrong leg, you would know straight away. However, sometimes the injury arising from a mistake does not become apparent for some time. Then it is more difficult to establish exactly when you became aware, or should have become aware, that you had a claim for negligence.
To see how Wellers has helped some of our clients claim compensation for personal injury accidents and medical negligence claims please see our Case Studies page.
We are members of the Association of Personal Injury Lawyers (APIL).
Contact Wellers Law Group to Start Your Medical Negligence Claim
For professional and caring help with your medical negligence claim contact us on 0208 290 7958 and ask to speak to one of our personal injury lawyers or email Penny.Langdon@wellerslawgroup.com.