Medical Negligence Claims – consult the legal experts

If as a result of medical negligence, you have endured unnecessary pain and suffering and are considering making a compensation claim for an injury caused, it is important that you seek specialist legal advice as soon as possible.

The experienced medical negligence team at Paul Crowley & Co Solicitors will provide you with expert legal advice. Mike Sexton, Head of Medical Negligence at Paul Crowley & Co explains the compensation claims process to achieving a successful claim.

What is medical negligence?

NHS care is normally very good but sometimes things go wrong. Medical negligence occurs when a Doctor or other healthcare professional causes you harm by their actions or omissions in their treatment of you, which falls below the required level of care.

Duty of Care

A breach of the duty of care arises where it is reasonably foreseeable that the healthcare professional either through his/her actions or their failure to act has caused harm to a person.

A person must prove that they received care that no reasonably competent clinician would have given.

This may include;

Misdiagnosis or delay in diagnosis;
Failure or delay in treatment, tests, and investigations;
Failure to take account of past medical history;
Making the wrong diagnosis;
Failing to advise you about the risks of a particular treatment;
Surgical errors;
Prescribing the wrong medication

Limitation Period

There are time limits for bringing clinical negligence claims. Legal proceedings must be issued within 3 years from when the incident happened or from when you first became aware a mistake had occurred.

There are exceptions, the 3-year time limit doesn’t start to apply to children until their 18th birthday or if the patient does not have the capacity to manage their own affairs.

“If you have suffered a medical negligence injury, Paul Crowley & Co are here to help. Our friendly team of experts will represent you on a No Win No Fee basis to claim the compensation you deserve.”

Mike Sexton,
Head of Medical Negligence

Can I claim for medical negligence?

Yes, you can. To pursue a claim for medical negligence, you will need to show that a breach of care by the practitioner has caused you harm. For a successful case to be brought it would have to be proven that your care fell below medically acceptable standards and this directly caused you injury.

Our expert lawyers can help you to claim compensation for the following:

Pain and suffering;
Past and future loss of earnings;
The cost of care and assistance provided to you by your family or friends;
Rehabilitation costs

 

Choosing the right Solicitor

Paul Crowley & Co’s experienced medical negligence team have both male and female solicitors, who will be able to advise as to whether your case should be investigated, the potential outcome of your case and the funding of your claim.

Required Evidence

Medical negligence cases must be based on expert medical evidence. Without supportive independent medical expert evidence it’s unlikely your case will be successful.

The patient making the claim must be able to prove that the practitioner acted negligently which resulted in injury. Paul Crowley & Co will obtain your medical records and decide if your case is strong enough for us to take on.

Four legal elements must be proven to achieve a successful claim:

Duty:
The doctor/healthcare professional owed a duty of care to the patient;

Breach:
There was a breach of that duty of care;

Causation:
As a direct result of the breach, the patient suffered harm;

Damages:
The amount of money that has to be awarded to the patient as a result of the injury and any expenses/losses resulting from that injury.

Timescale

It can take between 24-36 months for a claim to be properly investigated, or longer in more serious cases.

Paul Crowley & Co will arrange for your medical records to be reviewed by an independent medical expert. The medical expert will produce a report to help establish if the practitioner’s error had been negligent and the long-term impact this could have on the claimants’ health.

No Win, No Fee

You will not have to worry about paying any upfront legal fees.

Paul Crowley & Co will act on your behalf on a Conditional Fee basis (commonly known as ‘No Win No Fee’).

Paul Crowley & Co… on your side