Medical Negligence Claims Against Public Practitioners

Medical Negligence Claims can be made against medical practitioners in both the private and public sectors. 

Increasing pressures on the NHS and other public services have contributed to a significant backlog of NHS treatment which has been exacerbated by staff shortages and strikes. It is anticipated that these pressures and delays to treatment are likely to result in increased levels of patient harm which may give rise to potential compensation claims for injuries caused by medical negligence.

Injuries can be caused by misdiagnosis, delays in diagnosis, surgical errors, the wrong medicine being administered or other issues relating to medical negligence. It is possible to make claims against public and private practitioners in the dental and medical fields in certain circumstances.

We understand that when you suffer from medical negligence or dental negligence – this can be a highly distressing and difficult time for you and your family. Our expert solicitors are here to provide you with advice and support when claiming compensation against an NHS or or private medical practitioner or dentist. 

 

Get in touch or arrange for a consultation using the online contact form on our website or call our team now.

Can I Make a Medical or Dental Negligence Claim Against a Public Service?

It is important to bear in mind that in order to be successful in making a medical or dental negligence claim, it will be necessary to prove that it is more likely than not that your injury or illness was caused by negligence. 

A doctor, dentist or nurse is only negligent if their care, management or treatment of a patient fell below an acceptable level such that no responsible body of medical, dental or nursing opinion, as the case may be, would condone it.

If there is a responsible body of professional opinion that would support the conduct of the doctor, dentist or nurses involved, then there was no negligence, even if the great majority of doctors and nurses would have acted differently and with a better outcome.

Even if it is proved that the treatment was negligent, this would not be enough to win a case. A claim can only succeed if it is proved that it is more likely than not that the negligence caused you to suffer injury. The usual test is whether “but for” the negligence, the injury would not have occurred. It involves a comparison of the likely outcome without negligence, and the actual outcome after negligence has occurred. The difference between the two outcomes is “the injury”. If, without the negligence, you would have suffered the same outcome then the claim will fail. 

You can make claims against the NHS for both NHS dentistry & NHS medical services.

We will advise you on the likelihood that you will be able to pursue a compensation claim and support you during your claim.

Proving That a Medical Practitioner or Dental Practitioner is Liable for Medical or Dental Negligence

As the claim is against a medical or dental practitioner, we will need to request copies of your medical or dental notes and records. We will also usually need to obtain an opinion from an independent medical or dental expert who has no connection to the practitioners or NHS Trust you are bringing the claim against. The independent expert will provide evidence confirming whether the treatment you received was negligent and will advise on the extent of any injuries you have suffered as a result of any negligent treatment.

Time Constraints & Requirements

You only have up to 3 years from the latter of 

 

i) the date that you suffered injury; or

ii) the date that you would have been realistically expected to have known that you have 

suffered injury due to something a medical practitioner or dental practitioner has done or has failed to do 

otherwise, your claim would be out of time. 

The court may waive this time restriction and allow a claim to go ahead outside of this 3-year time limit in certain circumstances. 

If the claim involves a child under the age of 18 an adult family member or friend can act on their behalf until the child is 18. They have until their 21st birthday to start court proceedings or else their claim would be out of time. 

Making a Compensation Claim With Thompson & Co

 We will usually deal with your claim on a No-Win-No-Fee basis unless we identify a more suitable method of funding your claim that you wish to use. You will not have to enter into any credit agreements.

If your Claim is Unsuccessful

•     you will not have to pay our costs
•     We will usually arrange an insurance policy so that you do not have to pay any disbursements (medical report fees, court fees etc) incurred on your behalf. You will not have to pay for the insurance policy if you are unsuccessful.

You will therefore not have to pay anything if you lose your claim.

If your claim is successful you will usually be able to recover part or all of our costs and disbursements from your opponent.

You will pay out of your compensation

•     any shortfall in costs that we are unable to recover from your opponent
•     and disbursements that we are unable to recover from your opponent
•     Our success fee
•     The premium for the insurance

we will however cap the amount you have to pay out of your compensation at a maximum of 25% of the compensation recovered. You will therefore receive a minimum of 75% of any compensation recovered in your claim.

We charge a success fee to reflect the risk we take when we make our fees conditional upon the success of your claim. The success fee we charge allows us to indicate to clients that we will not charge them for our work if they are unsuccessful with their claim

Losses

Keep a record of any financial losses you have suffered as a result of medical negligence. This will include for example any wage slips or P60s. You should also keep any receipts for other losses which may include

•     The cost of medical treatment or medication
•     Damage to clothing
•     Loss of earnings
•     Travel expenses to and from your GP or Hospital for treatment
•     Care and assistance someone has had to give you because of your injuries

One of our Senior Solicitors will be responsible for your case giving you the opportunity to ask questions and ensure you are fully at ease with the options available to you at each stage of your claim. You remain in control of the decisions in your claim.

Get in touch today using an online contact form on our website or by calling a member of our team now. We can discuss this with you in person or by phone, email or by video call online such as Zoom, Facetime or Teams. 

Your solicitor will advise you whether we consider you are likely to have the basis of a claim and if you pursue your claim we will support you at every step of your claim. We will provide you with relevant details to allow you to make fully informed decisions in your claim and will keep you up to date in relation to the progress of your claim. 

We understand that when you suffer from medical negligence or dental negligence – this can be a highly distressing and difficult time for you and your family. Our expert solicitors are here to support you – offering advice and support in your claim for compensation against a public or private medical practitioner.