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Medical Negligence

Have you been injured because of a medical mistake?

If you have suffered because of medical negligence, you may be entitled to compensation.

We know that feeling let down by medical professionals who you trusted can have a psychological impact, as well as the physical damage you may have suffered. Don’t worry, we can help.

Our large team of specialist lawyers win millions of pounds in compensation for victims of medical negligence every year. We have expertise in all kinds of medical negligence cases against different types of medical professionals, including NHS hospitals, private hospitals, GPs, dentists, opticians and chiropractors.

We have also brought successful claims against pharmacies where the incorrect types/doses of medication have been dispensed in error and against beauty salons for cosmetic treatments where complications have arisen and have resulted in harm to the customer.

Anyone who has suffered as a result of medical treatment can potentially bring a claim, as long as you can show evidence (that would need to be commented upon by independent medical experts) that both:

  • The treatment you received fell below a medically acceptable standard (This is called “liability” or “breach of duty”)
  • The treatment directly resulted in the loss or damage you suffered (This is called “causation” or “avoidable damage”)

To assess the strength of any medical claim we will need:

  • The name of the medical professional to which the complaint relates
  • The date of the allegedly negligent treatment and if that was a long time ago, the date (or approximate date) you first became aware that the treatment provided might have been negligent
  • Summary of the alleged medical or dental negligence

Can I get funding? Find out with a free assessment interview

If you have a potential claim arising from a medical mistake, there are many options available to fund your case:

  • “No Win, No Fee” (Conditional Fee Agreement) – We are able to offer a Conditional Fee Agreement (CFA) funding on most, but not all, cases.  We can act under this arrangement where we are satisfied that any potential claim has sufficient prospects of success.
  • Public Funding – Community Legal Service public funding (previously known as Legal Aid), is still available for some medical negligence cases – generally, those involving babies who sustained an injury during or immediately prior to delivery.  If you are eligible, the case may cost you nothing to pursue.  Harding Evans is one of the very few Gwent-based firms able to undertake legally aided medical negligence claims.
  • Legal Expense Insurance – Some home contents/car/credit card insurance policies offer legal expenses insurance to fund a solicitor to take legal action on your behalf.
  • Union membership – If you are a member of a Union, sometimes the terms of your membership will include free legal cover.
  • Private Funding – We may be able to carry out some investigation for a fixed fee. Contact us to discuss your private funding options.

Here are just some of the ways in which we can help:

  • GP negligence
  • Medication & Prescription Error Claims
  • Mistreatment of the elderly
  • Pressure sores
  • Dental Negligence
  • Chiropractic Injury
  • Surgical negligence
  • Cancer misdiagnosis
  • Paediatric Claims
  • Gynaecological claims
  • Head injuries
  • Orthopaedic Negligence
  • Physiotherapy
  • Opthalmic Eye Claims
  • Fractures
  • Cauda Equina Syndrome
  • Anaesthetic Awareness
  • Birth Injury
  • Cosmetic Surgery Mistakes
  • Negligent Cardiac Care
  • Cerebral Palsy
  • Colectorial Surgery
  • Consent to Treatment
  • Ear, Nose and Throat
  • Sepsis
  • Inquest Representation

Anyone who has suffered as a result of medical treatment can potentially bring a claim. Whether the claim is for hospital negligence, GP negligence, negligent chiropractic or cosmetic treatment, a pharmacy error or a dentist’s mistake – it may be possible for you to bring a claim.

In order to prove a medical negligence claim for compensation, you must be able to show that:-

  • The treatment you received fell below a medically acceptable standard (This is called “liability” or “breach of duty”
  • The treatment directly resulted in the loss or damage you suffered (This is called “causation” or “avoidable damage”)

If we agree to investigate your potential claim, we would instruct independent medical experts to comment upon the above points.

To bring a medical claim you must succeed on both “liability” and “causation” as set out above.  To assess the strength of any medical claim we will need the following information:

  • The name of the medical professional to which the complaint relates
  • The date of the allegedly negligent treatment and if that was a long time ago, the date (or approximate date) you first became aware that the treatment provided might have been negligent
  • Summary of the alleged medical or dental negligence

 

Find out with a free assessment interview

If you have a potential claim arising from a medical mistake then there are many options available to fund your case.

“No Win, No Fee” (Conditional Fee Agreement)

We are able to offer a Conditional Fee Agreement (CFA) funding on most, but not all, cases.  We can act under this arrangement where we are satisfied that any potential claim has sufficient prospects of success.

Public Funding

Community Legal Service public funding (previously known as Legal Aid), is still available for some medical negligence cases – generally, those cases involving babies who sustained an injury during or immediately prior to delivery.  If you are eligible, then the case may cost you nothing to pursue.  Harding Evans is one of the very few Gwent-based firms able to undertake legally aided medical negligence claims.

Legal Expense Insurance

Some home contents/car/credit card insurance policies offer legal expenses insurance to fund a solicitor to take legal action on your behalf. This can mean that your case can be pursued at no cost to you.

Union

If you are a member of a Union, sometimes the terms of your membership will include free legal cover.

Private Funding

We may be able to carry out some investigation for a fixed fee. Contact us to discuss your private funding options.

Generally, legal action in a potential medical negligence claim must commence within three years of you receiving treatment, although there are certain circumstances where this may not be the case:

  • If the claim involves a child under 18, then the claim must be made before their 21st birthday
  • If the claimant is suffering from some form of disability, such as cerebral palsy, then there may be no time limit to make a claim
  • If the claim involves treatment received more than three years ago, but you only discovered the negligence relatively recently – for instance a delay in diagnosis of a condition or discovery of a retained object – we may still be able to proceed if you are within three years of your “date of knowledge” that you may have been negligently treated

Here are some examples of how we can help:

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