Island Knowledge - National Expertise
Medical Negligence Solicitors
If you have received medical treatment that was not up to standard, causing you illness, injury, or the worsening of your condition, our medical negligence solicitors at Glanvilles Damant can help you to pursue a legal claim.
We know that experiencing medical negligence can cause much suffering to an individual and their loved ones, often causing serious or even life changing injuries. When you work with us, we will always deal with your case with empathy, easing the anxiety of the situation where we can, and ensuring that the claims process is simple.
If you are concerned that you or your loved one may have experienced medical negligence, including both NHS negligence or private clinical negligence, please contact us for a sensitive discussion of your situation.
Our team can handle a wide range of medical negligence compensation claims, including, but not limited to:
- Accident and Emergency Claims
- Misdiagnosis and delayed diagnosis of cancer
- Cerebral palsy and Erb's palsy claims
- Gynaecological negligence claims
- Dental negligence claims
- Eye Surgery claims
- Birth and paediatric claims
- General surgical negligence claims
Contact our medical negligence solicitors on the Isle of Wight
If you believe that you have grounds for a medical negligence claim, please get in touch with our medical negligence solicitors on the Isle of Wight.
You can call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will get back to you as quickly as we can.
Why choose our medical negligence solicitors?
We are a local law firm, with a great connection to the local community. This means that when you work with us, you’ll always receive a bespoke service. Our team will pay attention to the intricate details of your legal issue, as well as your personal needs.
Bringing a clinical negligence claim and gaining fair compensation for it requires considerable experience and expertise. The Glanvilles Damant team of clinical and medical solicitors have both the medical and legal knowledge you need to give your claim the best chance of success.
We feel that receiving legal support should be accessible and simple, and so we always ensure that our clients understand what to expect, and feel supported at every stage. If you have any concerns, our team will pay close attention to these, making certain that you feel confident to proceed.
Our medical negligence claims service
Medical negligence claim review
Our medical negligence specialists will start by reviewing the details of your potential claim, allowing you to explain what happened and the effect on your health. We realise that this conversation can be difficult, but rest assured that you can trust our team to remain sensitive and supportive.
Whether you are acting for yourself or a loved one, we will provide honest legal advice and an overview of your position. If your solicitor believes there are grounds for a medical negligence claim, they will explain the stages to follow, including potential funding options, such as ‘no win no fee.’
Constructing your case
Your solicitor will consult the appropriate medical specialists with regard to your case, examine your medical records, and request witness statements from you and any other relevant parties.
We will collect documentation regarding your illness or injury and what should have been done to prevent it. Our team will document the effect on your health, your outlook for recovery, as well as assessing any financial losses incurred as a result.
Contacting the defendant
Once we have constructed your case, we will contact the defendant, using a Letter of Claim to explain the allegations, the injuries, and the longer-term impact on your health and wellbeing. The claim letter will detail the financial losses experienced, as well as expert medical evidence related to your case.
The defendant is required to respond to the claim within a three month period, and they may either accept liability for what happened, or deny that they are responsible.
Settling your clinical negligence claim
Our expert clinical negligence solicitors will work on valuing your case and settling the claim, to secure the maximum amount of compensation possible.
It will usually be possible to reach a settlement via a written proposal or mediation. If the defendant continues to deny liability, we can instead pursue your claim through Court proceedings.
Frequently Asked Questions About Medical Negligence
What is medical negligence?
Medical negligence means that an individual has received medical treatment that fell below the required quality standards and that this has caused a worsening of their condition, an injury, illness, or death.
What qualifies as medical negligence?
Where any person has received poor quality medical treatment and/or care, and suffered due to this, this qualifies as medical negligence.
To establish a claim for medical negligence, you must prove a breach of duty and causation.
Breach of Duty is where the treating clinician did something or failed to do something no other reasonably competent practitioner would have done or failed to do.
Causation is where the clinician’s breach of duty caused you to suffer an injury which you would not have suffered had the clinician provided the correct standard of care.
Where the above are present, it can be argued that an individual experienced medical neglect, and that the practitioner responsible should be held accountable.
What are some examples of medical negligence?
Medical negligence can occur in many forms, for instance, delayed diagnosis or misdiagnosis, receiving the wrong medication or dosage, errors during surgery, or lack of consent.
How much compensation can you get for medical negligence?
The amount of medical negligence compensation that you receive depends on the case, injury experienced, and circumstances.
Generally, those cases where the injury to the patient is severe or life-changing tend to result in higher compensation payments, for example, traumatic brain injury claims.
Every claim is different. But as a guide to the sums that can be involved, here are some examples of recent awards given to clinical negligence claims:
- An award of £1.5 million for a man who suffered a stroke due to negligence following a heart bypass procedure
- An award of £500,000 for a child who suffered brain damage after a GP negligently failed to refer her to hospital with symptoms of dehydration
- An award of £220,000 for a delay in diagnosing and treating a malignant melanoma on our client’s knee
How do I know if I have a claim for medical negligence?
To determine whether or not you have a claim for medical negligence, you will need to work with a specialist medical negligence solicitor. Your solicitor will be able to assess your circumstances, establishing whether or not you have grounds for a claim.
What is the process of a medical negligence claim?
The process may vary depending on the claim type and circumstances; however, the general process is as follows:
- A medical negligence solicitor will review the details of your case, and, where you have grounds for a claim, provide an overview of the claims process
- Your solicitor will construct your case by gathering evidence, reviewing your medical records, and collecting the appropriate witness statements
- The defendant will receive a Letter of Claim, explaining the allegations, along with the damages
- Your solicitor will attempt to settle the claim out of Court, or where this is not an option, pursue your claim in Court to secure the compensation you are entitled to
Is there a time limit to make a medical negligence claim?
Yes, claimants generally have three years to make a medical negligence claim. This could be either three years from the date that the medical negligence occurred, or three years since the individual became aware that they had experienced medical negligence.
There are, however, some exceptions to the rule, for instance:
- A time-limit is not imposed where the individual lacks mental capacity.
- If the claim is related to a child, the three year time-limit does not start until they turn 18 years old.
Contact our medical negligence solicitors on the Isle of Wight
If you believe that you have grounds for a medical negligence claim, please get in touch with our medical negligence solicitors on the Isle of Wight.
You can call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will get back to you as quickly as we can.
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