Medical & Clinical Negligence Solicitors in Coventry, Warwickshire & Oxfordshire

Medical negligence happens when a healthcare professional provides care that falls below acceptable standards and causes harm. This can include errors in diagnosis, treatment, aftercare or health management.

You can find out more information in our guide: What is medical negligence in the UK?

There are several ways to fund a medical negligence claim in the UK, including:

– Legal expenses insurance – often included in home insurance policies
– Public funding (Legal Aid) is available for specific cases, usually reserved for children who have suffered a severe brain injury during pregnancy or shortly after birth
– No win, no fee agreements – where legal fees are only paid if your claim is successful (subject to terms of the agreement)

Our solicitors can advise on the best funding option based on your circumstances.

To prove medical negligence, you must show two things:

– Breach of duty – the care you received fell below acceptable medical standards
– Causation – this failure directly caused your injury or harm

Without both, a medical negligence claim is unlikely to succeed. One of our solicitors can assess your case and advise whether there is enough evidence to proceed.

In most cases, you have 3 years to make a medical negligence claim in the UK. This time limit runs from the date of the incident or from when you first became aware that negligence may have occurred.

Exceptions may apply for children or individuals who lack mental capacity, so it is important to seek legal advice as soon as possible.

Only a small percentage of medical negligence claims go to court. Most claims in the UK are settled out of court through negotiation before reaching trial.

If your case does require court proceedings, one of our solicitors can represent you and guide you through the process.

If you are unhappy with NHS treatment, you can make a formal complaint through the NHS complaints procedure.

This usually involves:

– Contacting the NHS provider directly (typically within 12 months)
– Escalating the complaint to the Parliamentary and Health Service Ombudsman if it is not resolved

You can manage this yourself or speak to one of our solicitors for support, particularly if you are considering a medical negligence claim alongside your complaint.

There is no fixed average payout for medical negligence in the UK, as compensation depends on the severity of the injury and its impact on your life.

Less serious cases may result in awards of a few thousand pounds, while severe or life-changing injuries can lead to significantly higher compensation.

Most medical negligence claims in the UK take between 1 and 3 years, depending on the complexity of the case.

Straightforward claims may settle more quickly, while cases where liability is disputed or evidence is complex can take longer. One of our solicitors can give you a clearer indication of timescales based on your case.

In most cases, you cannot claim medical negligence after 10 years in the UK, as the standard time limit is 3 years. However, exceptions may apply if you only became aware of the negligence later, known as the “date of knowledge”.

Additional exceptions can apply for children or individuals who lack mental capacity. Because these rules can be complex, one of our solicitors can review your situation and advise whether you may still be eligible to make a claim.

You can read more here – Do Medical Negligence Claims Have A Time Limit?

The amount of compensation you can claim for medical negligence depends on the severity of your injury and its impact on your life. There is no fixed amount, as every case is assessed individually.

Compensation typically includes:

– General damages – for pain, suffering and loss of quality of life
– Special damages – for financial losses such as lost income, care costs and medical expenses

Less serious claims may result in a few thousand pounds, while severe or life-changing injuries can lead to significantly higher awards. One of our solicitors can provide a more accurate estimate based on your circumstances.

Yes, you can sue the NHS for medical negligence if you can prove you have suffered harm due to substandard care. NHS organisations have a legal duty to provide an acceptable standard of treatment, and a claim can be made if that duty is breached.

Most NHS medical negligence claims are handled by NHS Resolution and are often settled out of court. One of our solicitors can assess your case and guide you through the process of making a claim against the NHS.

Medical negligence can be difficult to prove, as you must show that the care you received fell below acceptable standards and directly caused your injury.

This usually requires:

– Independent medical expert evidence
– Detailed review of medical records
– Clear evidence linking the negligence to the harm suffered

While the process can be complex, one of our solicitors can assess the strength of your case and advise whether you have a realistic chance of success.