Clinical Negligence Claims
What is clinical negligence?
If you feel that a Health Service Provider
(whether Private or NHS) has provided care to you that falls
below the standard that you expected, and as a result you
have been caused a physical or mental injury you may have a
claim for compensation.
Negligence can take many forms:
- Delay or failure to diagnose a medical condition
- Delay or failure to treat a medical condition
- A form of treatment or procedure goes wrong
- The wrong form of treatment or procedure is used
Health Service Providers can
include:
- GP's
- NHS or privately funded hospitals
- Privately funded health practitioners
- Other health professionals, for example, nurses,
occupational therapists
- Pharmacists
- Dentists
- Defective medical products (for example, implants or
drugs)
Do I have a case?
If you think that a Health Service Provider has
been negligent in your care or the care of a relative you
will need specialist advice from a Solicitor.
Robinson’s Solicitors will assess your claim and advise
what steps you need to take.
The next steps forward might be making a complaint to the
Health Service Provider or pursuing a claim for
compensation. Either way Robinson’s has the expertise to
assist you.
How will I pay for my claim?
Robinson’s Solicitors will advise you fully on
the methods available to you for funding your claim. Methods
of funding can include:
- “NO WIN NO FEE"
- Legal Expenses Insurance
- Legal Aid
- Private Funding
When should I claim?
The answer is relatively simple – as soon as
possible.
However, if you have only just discovered within the last
3 years that you may have a claim then you may be able to
recover compensation. A claim for compensation must be
settled or legal proceedings must have been issued within
three years of the event causing the injury. It may not be
possible to pursue legal action if this time limit is
exceeded. However there are some exceptions to this rule.
- In claims for minors the three year period does not
start running until the eighteenth birthday
- In clinical claims the three year period begins to
run from the date when the injury was first discovered
- For some claims the three year period begins to run
from the date when the injury was first discovered, or
from the date you first became aware of an injury or
negligence
- Judges have discretion to override the time limits
What can I claim for?
You are entitled to claim for the pain, suffering and loss
of amenity that the injury has caused together with any out
of pocket expenses that have been caused as a direct result
of the injury such as:
- Loss of past and future income
- Care for the past and care for the future
- Medical expenses and prescriptions
- Pain and suffering including psychological damage
- Loss of amenities of life
- Reduced employment prospects
- Legal expenses
It is important to choose a specialist solicitor to
ensure that your claim for compensation is fully maximised.
If you have been injured as a
result of care that has fallen below the standard you
expected and you want to discover whether you are entitled
to compensation, contact us by:
Your enquiry will be dealt with by a specialist
solicitor.
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