Clinical/Medical Negligence Claims
At Garratts, we've seen firsthand how devastating the effects of medical mistakes can be on patients and their families. Our clinical negligence solicitors have spent years helping people just like you through some of the most challenging times of their lives.
To speak with our experienced team about your potential claim, complete our contact form or call us on 0161 665 3502 or email [email protected].
What is Clinical Negligence?
Clinical negligence (also known as medical negligence) happens when healthcare professionals fail to provide the standard of care that’s reasonably expected, resulting in patient harm. However, it isn’t just about doctors making mistakes; clinical negligence can involve nurses, dentists, physiotherapists, and other healthcare providers. We’ve helped clients with cases ranging from minor to impactful errors to catastrophic, life-changing injuries.
In our experience, many clients initially feel uncomfortable “taking on” the NHS or private healthcare providers. It's worth noting that claims against the NHS are managed by NHS Resolution, which has a separate budget specifically allocated for compensation. This means your claim doesn't directly impact frontline healthcare funding.
One practical tip we’ve learned over years of practice is to start documenting everything immediately. Keep a diary of symptoms, take photos of visible injuries, and save all correspondence with healthcare providers. These records can make an enormous difference to your claim’s success.
Time Limits for Medical Negligence Claims
There's a strict three-year time limit for initiating medical negligence proceedings. This countdown begins either when the negligent care occurred or from when you first become aware of your poor medical treatment (what legal professionals refer to as the 'date of knowledge').
Sometimes clients don’t initially connect their ongoing health problems with previous medical treatment. We’ve had cases where individuals suffered for years before realising that their complications stemmed from surgical errors or misdiagnosis. That’s why it’s crucial to consult with clinical negligence solicitors as soon as you suspect that something is wrong.
For children, the three-year time limit doesn’t start until their 18th birthday. For adults who lack mental capacity, different rules apply. Don't assume it’s too late; we’ve successfully pursued claims that initially seemed out of time.
Clinical Negligence Costs
Worrying about legal costs shouldn’t stop you seeking justice. Most of our clinical negligence cases are handled through a 'No Win No Fee' arrangement (the formal legal term being Conditional Fee Agreement). Under this approach, you won't face any legal fees should your claim be unsuccessful.
If you win, most costs are recovered from the other side. You’ll contribute a percentage of your compensation towards legal fees, but this is capped and always explained clearly from the outset. In our decades of experience with clinical negligence cases, we’ve refined our process to keep costs reasonable while maximising your compensation.
We’ve noticed many clients worry about hidden costs. That’s why we provide a detailed cost breakdown at your first appointment, with regular updates throughout your case. Unlike some larger firms, we don’t pass your case between countless different solicitors. You’ll have a dedicated clinical negligence specialist handling your claim from start to finish.
The Clinical Negligence Claims Process
Successfully claiming for clinical negligence means proving two essential elements: that the care you received was substandard (breach of duty), and that poor care directly caused your injuries (causation). In practice, this is often complex and requires specialist medical evidence.
Here's what the process typically involves:
- Initial consultation to assess your case
- Gathering medical records (this can take 2-3 months, sometimes longer for NHS records)
- Reviewing your records with independent medical experts
- Obtaining a formal medical opinion on breach of duty
- If a breach is established, getting expert opinion on causation
- Calculating your compensation (including future care needs)
- Negotiating with the healthcare provider's insurers
- Court proceedings if necessary (though most cases settle)
From experience, we find clinical negligence claims typically take between 2 and 4 years to resolve. More complex cases involving severe injuries or contested liability can take longer. While this may seem daunting, remember that thorough investigation leads to better outcomes. We've seen rushed claims result in significantly lower settlements than properly prepared ones.
A practical tip: Focus on your recovery while we handle the legal process. Medical negligence claims are marathons, not sprints. We'll keep you updated at every stage without overwhelming you with legal details.
Types of Compensation
Compensation for clinical negligence isn’t arbitrary; it’s carefully calculated based on established legal principles. Your settlement will typically include:
General damages for pain, suffering and loss of amenity. These are assessed using Judicial College Guidelines and previous court decisions. For instance, a mismanaged fracture might receive £3,000-£10,000, while a birth injury causing cerebral palsy could result in £250,000+ for general damages alone.
Special damages cover financial losses and expenses, including:
- Lost earnings (both past and future)
- Medical treatment costs
- Rehabilitation expenses
- Care costs (professional and family-provided)
- Adaptations to your home
- Specialist equipment
- Travel expenses for medical appointments
One often-overlooked aspect we always consider is the long-term impact of your injury. We've seen cases where initial settlement offers failed to account for deterioration over time. Our expert clinical negligence solicitors ensure your compensation covers future needs, not just current ones.
In severe injury cases, we might recommend that compensation be structured as a lump sum plus annual payments (known as periodical payment orders). This provides financial security for lifelong care needs.
Our Specialist Clinical Negligence Services
Over the years, our team has developed particular expertise is the following areas of expertise:
Hospital Negligence Claims
Hospital errors can occur in any department, from A&E misdiagnosis to post-operative infections. We've successfully challenged poor hospital care across Greater Manchester's NHS Trusts and private hospitals. Common hospital negligence cases involve missed fractures, delayed treatment of sepsis, medication errors, and poor nursing care leading to pressure sores.
GP Negligence Claims
Your GP is often your first medical contact, making their role critical. When GPs miss warning signs of serious conditions or fail to refer to specialists, the consequences can be devastating. We've handled numerous cases of GP negligences including missed cancer diagnosis, unrecognised meningitis, and incorrectly managed chronic conditions.
Practical tip: Always follow up if your symptoms don't improve despite your GP's assurances; you know your body best.
Birth Injury Claims
Birth injuries can affect mothers and babies with life-changing consequences. We've represented families where negligent management of labour led to cerebral palsy, Erb's palsy, and maternal injuries. These cases require particular sensitivity and specialist expertise due to their complexity. Our team works with obstetric experts to establish what went wrong and secure funding for long-term care.
Surgical Error Claims
From wrong-site surgery to retained instruments and post-operative complications, surgical errors account for many clinical negligence claims. We've helped clients affected by everything from cosmetic surgery gone wrong to life-threatening mistakes during routine operations.
Misdiagnosis Claims
Delayed or incorrect diagnosis can transform treatable conditions into chronic or fatal ones. Cancer misdiagnosis cases are particularly common in our practice, with delayed treatment often significantly reducing survival chances. We've secured substantial compensation for families where earlier diagnosis would have led to better outcomes.
Frequently Asked Questions About Clinical Negligence Claims
How do I know if I have a valid clinical negligence claim?
You may have a valid claim if you can establish that:
- You received substandard medical care (falling below what a reasonable body of medical professionals would consider acceptable)
- This substandard care directly caused you harm (beyond what would have happened anyway)
Not every medical mistake or poor outcome justifies a claim. Sometimes negative outcomes occur despite perfect care. This isn't because people haven't suffered; it's because proving the legal tests for negligence is challenging.
If you're unsure, speak with us anyway. We can usually give an initial view on whether your experience might constitute negligence. Remember, early advice can be crucial for preserving evidence and meeting time limits.
How much compensation might I receive for a medical negligence claim?
Compensation varies enormously depending on injury severity and impact. Every case is assessed individually based on specific circumstances rather than averages or formulas.
What's often misunderstood is that compensation isn't a windfall. It's carefully calculated to put you back in the position you would have been in without the negligence. For serious injuries, much of the compensation covers essential future care needs.
Will I need to go to court for my medical negligence claim?
Most clinical negligence claims settle without a trial. In our experience, approximately 95% of cases can be resolved through negotiation before reaching court. Often, settlement occurs shortly after the defendant receives our expert evidence.
That said, we prepare every case as if it might go to trial. This thorough approach actually increases the chances of early settlement. Court proceedings might be formally issued to progress your claim, but this procedural step doesn't necessarily mean you'll attend a hearing.
If your case is among the small percentage that requires a trial, we'll ensure you're thoroughly prepared. Court hearings in clinical negligence cases are generally less intimidating than people expect; they focus on expert medical testimony rather than aggressive questioning of claimants.
How long do clinical negligence claims take?
From our decades of experience handling medical negligence claims, typical time frames are:
- Straightforward cases with admitted liability, and moderate complexity cases: 2-4 years
- Complex cases involving serious injuries: 3-5 years
- Cases involving children or ongoing developmental issues: Sometimes longer, as we may need to wait to fully assess future needs.
These timeframes reflect the necessary steps, i.e. gathering records, obtaining expert opinions, allowing time for the defendant to investigate, negotiate, and potentially court proceedings. While this might seem frustratingly slow, rushing a clinical negligence claim typically results in undervalued settlements.
We've developed systems to minimise unnecessary delays while ensuring thorough investigation.
Can I make a clinical negligence claim for someone else?
Yes, you can make a claim:
- As a 'litigation friend' for a child under 18
- On behalf of an adult who lacks mental capacity to manage their own claim
- For a deceased relative
Different rules and procedures apply in these situations. For children, the three-year limitation period doesn't start until their 18th birthday. For those lacking capacity, limitation may not apply at all. For deceased patients, the standard three-year rule generally applies from the date of death.
We've handled many cases for vulnerable clients unable to represent themselves. The court provides oversight in these claims to ensure fair outcomes, particularly when approving settlements for children and protected parties.
