Medical negligence refers to any situation where a patient receives substandard medical care, and that incident results in an injury, or causes an existing medical condition to deteriorate.

Examples of medical negligence include the failure to diagnose a medical condition, delayed diagnosis, or misdiagnosis. Errors that occur during surgical procedures are also common examples of medical negligence, as are incidents where a patient has been given the wrong medication, or the wrong dose.

If you’ve experienced what you believe to be poor quality medical care, and you are unsure as to whether medical negligence has occurred, please get in touch with our medical negligence solicitors for a discussion of your case.

How much compensation you can get for medical negligence largely depends on the type of medical negligence claim, and the circumstances of your case.

At Levi Solicitors we will attempt to value your case as early as possible, and where we cannot assist you with your claim, we will direct you to a service that can, if possible.

To determine whether or not you have a claim for medical negligence, you will need to work with an expert clinical negligence solicitor.

When you first make contact with us at Levi Solicitors we can book in an initial consultation, using this consultation to determine whether or not you have a claim, and how we can proceed.

The process of making a medical negligence claim will look slightly different for everyone, depending on the type of claim, and the case.

Generally, the first stage involves discussion with a specialist clinical negligence solicitor who will assess your case. They will determine whether you have the basis of a claim, how likely your claim is to succeed, and how your fees will work. Your solicitor will then build your medical negligence claim, gathering information and reviewing your medical history.

Following this, your solicitor will draft a Letter of Claim, and send this to the defendant. How the claim is settled depends on whether the defendant accepts responsibility. Your lawyer may be able to settle your claim and secure medical negligence compensation using negotiation or mediation. In some cases, it may be necessary to escalate the claim to Court proceedings, which your clinical negligence solicitor will carry out on your behalf.

For more information, visit our Medical Negligence Claims Process page.

To build a medical negligence claim, it must be proven that the patient was owed a duty of care by the defendant. It is also necessary to show that a breach of duty has occurred, and to prove causation.

Proving causation works differently depending on the case, but generally the solicitor will need to show that the claimant’s injury would not have occurred had they not received the negligent medical treatment.

Yes, generally speaking a medical negligence claim will need to be started within three years of receiving the negligent medical treatment, or within three years of discovering that you the medical treatment you received was substandard, and has caused health implications.

There are certain circumstances where the three-year time limit does not apply. For example, if you are making a clinical negligence claim on behalf of a child, you will be able to raise a claim at any time, so long as the claim is started before they turn 18 years old. Once the child has turned 18, they will then have a three-year time frame to pursue the claim.

If an individual lacks mental capacity, and can therefore not raise a claim by themselves, there is no time frame for beginning a claim.

When a child, or an individual who is over 18 and has health issues that make it impossible for them to represent themselves, need to bring a claim against the those responsible for their injuries and losses, a Litigation Friend is usually appointed to assist them to take part in the Court process.

If you have been asked to be a Litigation Friend or starting a medical negligence claim on behalf of a loved one, please email us to find out more and arrange a free initial no obligation consultation.