A guide to clinical negligence law

When you undergo any form of medical treatment, you put your trust in the healthcare professionals in charge. In the majority of cases, everything goes to plan, and you receive your treatment without a problem.

However, in some unfortunate situations, healthcare professionals don’t carry out their duty of care as they should. If you’ve experienced medical negligence — from incorrect advice and misdiagnosis to insufficient surgery — you may be able to claim compensation.

Our guide is here to walk you through the basics of clinical negligence law and medical negligence payouts.

What counts as clinical negligence in the UK?

Before we look at how the team of clinical negligence lawyers at Hay & Kilner may be able to help you with your claim, it’s important to define a few terms.

So, what is ‘clinical negligence’? It effectively refers to a breach of duty relating to medical advice, care, or treatment.

It’s important to note that issues can arise with medical care — but that doesn’t always mean clinical negligence has been at play. This term specifically focuses on situations where a medical professional does not carry out the level of care they should, resulting in injury or a worsening condition. In the sad case of a fatality due to clinical negligence, you can also claim on behalf of a next of kin.

• Misdiagnosis or delayed diagnosis (particularly in relation to cancer)
• Surgical errors
• Medication errors
• Failure to refer
• Birth injuries (to mother or baby)
• Poor management of a medical condition
• Negligence in dental care

What can you claim?

Are you wondering if you can make a medical negligence claim for something that happened a while ago? Experiencing medical negligence can be stressful and confusing, so it’s no surprise that many people find they need time to process what has happened before they can seek help from a solicitor.

But is it ever too late? There are some exceptions, but generally, the time limit for raising a clinical negligence claim is three years — either from the date the injury occurred or when it was discovered.

Filing, investigating, and settling medical negligence claims takes time. So if you feel you may be owed compensation, it’s important to get started as soon as possible to ensure your claim can be sorted within the three-year time limit. To find out more information and to speak to a clinical negligence expert about an experience or situation you or a loved one has, or is experiencing, please get in touch with the Hay & Kilner team.

How do clinical negligence claims work?

Seeking advice early can also make the process less stressful. Solicitors who deal with clinical negligence have specialist training to help them navigate the complex world of medical law, so they’ll be able to guide you through the vital components of clinical negligence law.

Evidence

One of the key elements to remember is that you need to prove that you’ve been a victim of clinical negligence. You’ll need evidence to show this, and your legal team can help you obtain it.

Under General Data Protection Regulation (GDPR) laws, you have the right to access your medical records, and these can offer the evidence required to take your case forward.

Funding your case

Another important aspect to secure early on is how you’ll fund your claim. If you’re claiming on behalf of a child who has suffered a birth injury, you may be eligible for legal aid. It’s also worth checking if your health or home insurance covers medical negligence claims.

If not, a common funding option is to arrange a Conditional Fee Agreement (CFA) — also known as ‘No-win, No-fee’ — with a lawyer. This means that you won’t need to pay any legal fees if your case is unsuccessful.

An independent opinion

Your clinical negligence lawyer from Hay & Kilner will also need an unbiased opinion from an independent medical professional. This is an important step as it helps prove whether or not negligence has taken place. This is something that the expert medical negligence team here at Hay & Kilner can facilitate.

The claim value

We’ve mentioned the types of compensation you might be able to claim for, but how much are you entitled to? Well, this all depends on your unique circumstances.

When valuing the claim, your solicitor will factor in:

• How severe your injuries are (and the nature of them)
• How much the incident has impacted your quality of life
• Your financial losses
• Your age and life expectancy

Serving notice

As with other forms of legal action, if you file a clinical negligence claim, you’ll need to present the medical professional in question with formal notice. This might go to the defendant’s legal representative or an NHS trust, depending on the case.

The defendant will then have the chance to accept or deny responsibility. If they accept, your Hay & Kilner solicitor can negotiate a settlement.

Court proceedings

If the defendant denies responsibility, you may find you need to go to court to settle the dispute. In this situation, our medical negligence team will prepare you for trial so you can present your case, or act on your behalf.

When medical negligence claims go to trial, a jury will decide whether or not the defendant has been negligent. If they decide you have been a victim of negligence, they’ll also decide how much compensation you’re owed.

Claim support from experienced clinical negligence lawyers

Going through medical treatment can be stressful and scary — and when medical negligence occurs, this is only amplified. At Hay & Kilner, we pride ourselves on offering fair, trustworthy legal advice to support you through this tricky time.

If you or a loved one has experienced clinical negligence, please get in touch to find more about our dedicated clinical negligence services from our team of leading solicitors in Newcastle.