Friday 27 November 2020

How Much Compensation for NHS Negligence?

The NHS is one of the best healthcare systems in the world. Its staff and medical professionals usually maintain a very high standard of care when dealing with patients. However, there are times when this standard falls below what is acceptable and is considered negligence. If you have been a victim of NHS negligence and suffered harm as a result, you may be entitled to a claim for NHS compensation.

WHAT IS NHS NEGLIGENCE?

NHS negligence is a term that describes when a patient has sustained an injury, illness or their condition has been made worse while under the care of medical professionals at the NHS. Examples of NHS negligence include:·

  • Failing to warn a patient about the risks of a procedure;
  • Failing to seek patient consent;
  • Administering the wrong medication;
  • Misdiagnosing a condition;
  • Surgical Negligence

If you have been injured as a result of NHS negligence, you may be wondering how much your NHS claim could be worth. While this is difficult to determine, it is an important consideration; you need to know whether suing the NHS and seeking compensation is the right call for you. Before our specialist NHS solicitors can give you an idea on what to expect, they must be able to determine the nature of the negligent treatment as well as its impact on your life.

NHS Negligence

Usually, compensation payments for medical negligence claims are made up of two parts:

General Damages: General damages compensate for the physical impact of the negligent treatment, as well as the pain and suffering you have endured. In this case, the nature and severity of your injury as well as its long-term impact will determine how much compensation you will be awarded.

Special Damages: Special damages compensate for the financial losses you have incurred as a result of NHS negligence. It covers the cost of out of pocket expenses such as cost of your medical care from the date of injury, loss of earnings and travel costs (medical appointments for your injury).


TIME LIMITS FOR MAKING NHS NEGLIGENCE CLAIMS FOR COMPENSATION

To increase your chance of success, it is important that you seek advice from specialist NHS solicitors as soon as you suspect you have suffered an injury due to medical negligence .

There is a strict three-year time limit which begins from the date of your injury or the date it is linked to medical negligence. But proving NHS negligence is always easier when investigation and evidence gathering can be done right away.

The average duration for the resolution of medical negligence claims is usually between 15 and 18 months, so start today by contacting us for legal advice against the NHS. Our solicitors will arrange for a free, no obligation consultation to determine whether you can make a claim.

Tuesday 17 November 2020

Suing a Hospital for Medical Negligence

When you go to a hospital, you expect to receive quality healthcare that makes you feel better as soon as possible. In the vast majority of cases, this is the reality and patients in the UK usually receive a high level of care from expertly qualified medical professionals with the right skills and experience. Sadly, however, this is not always the case. There are times when an act of incompetence or medical negligence on the part of a health professional at a hospital can cause further injury or illness for a patient.

At Medical Negligence Direct, our specialist medical negligence claims solicitors help victims of hospital negligence secure compensation they need and deserve. Our medical negligence solicitors handle the claims process on your behalf, in order to make it as hassle-free and straightforward as possible so you can get your life back on track.

AM I ENTITLED TO A HOSPITAL NEGLIGENCE CLAIM?

There are many reasons why people decide to pursue medical negligence claims against a hospital. These include:·

  • Inadequate or unsafe surgical procedure
  • Administering the wrong medicine or prescribing an incorrect dosage
  • Delayed or missed diagnosis
  • Misdiagnosis Claims
  • Birth injuries
  • Retained foreign objects after surgery
  • Failing to sanitize medical instruments/equipment
  • Wrongful death of a loved one

The medical negligence claims process is often very complex and suing a hospital for negligent treatment may feel daunting. You need to prove that the injury or illness you suffered was as a direct result of the negligent treatment you received. As a result, it is important that you keep records of your medical appointments as well as other documents relevant to your care. There is a general three-year time limit for medical negligence claims in the UK; this time limit begins from the date of the hospital negligence or the date you became aware your injury was a result of negligent treatment.


HOW DO I SUE A HOSPITAL FOR MEDICAL NEGLIGENCE?

If you believe you have been a victim of hospital negligence and are considering suing a hospital, you should gather as much supporting evidence as possible. This may include notes, telephone records, and your detailed account of circumstances surrounding the care you received.

When you get in touch with us, our medical negligence solicitors will discuss details of your case and let you know whether you have valid grounds for a claim. We do not charge you for the legal representation we provide as your claim will likely be funded via a No Win No Fee agreement. Under this arrangement, you will be able to pursue a hospital negligence claim at no financial risk to you. We will only deduct 25% of your compensation if your claim is successful.

Saturday 31 October 2020

How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

  • At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
  • Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
  • Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
  • The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
  • If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

Friday 23 October 2020

NHS Complaints Procedure Compensation Guide

The NHS has a comprehensive complaints procedure which allows patients who believe they have received poor medical care to formally express their concerns.

Making a Complaint at the NHS

If you are unhappy about the standard of care you received at the NHS, you have the right to make a NHS Claim. The first step should be to make an informal complaint by speaking directly to the medical professional or management responsible for the care or treatment your received. You can lodge a formal complaint if this is unsuccessful.

Making an Informal Complaint – What is PALS?

A Patient Advice and Liaison Service (PALS) is typically the first port of call when it comes to making an informal complaint about an NHS service. PALS is usually based in the local hospital where you received treatment and offer confidential advice and support. If they cannot resolve the issue, they will advice you on the process involved in lodging a formal complaint.

Making a Formal Complaint

If you are still dissatisfied or PALS cannot help with your concern, you can make a formal complaint. Every NHS service has a comprehensive complaints procedure, which can be found in the building where you received the medical care. You can also find details online or from members of staff. A formal complaint can be made verbally (speaking to the NHS service responsible for your care), in writing or via an email. But if your complaint is about primary care services, contact NHS England.

Who Can Make a Complaint?

Anyone who has been affected by negligent treatment while under NHS care can make an official complaint about the NHS. This also includes patients who received treatment in private hospitals funded by the NHS. You can make a claim against the NHS on behalf of a patient who has suffered injury due to Medical Negligence, so long as you have the patient’s consent.

What Can I Complain About?

An NHS complaint can be made based on a broad range of reasons. Some of the main complaints include:

  • Incorrect diagnosis/treatment
  • Delayed diagnosis/treatment
  • Misconduct of an NHS staff
  • Failed medical equipment
  • Discrimination and confidentiality issues
  • Negligence leading to injury

What Happens After You Have Made a Complaint?

The NHS Complaints Procedure Compensation typically requires an acknowledgement of a complaint to be made within 14 days, but you will usually receive the acknowledgement within 3 days. The amount of time taken to respond to your complaint will largely depend on the nature of your concern and the investigations required to provide a comprehensive response. The letter of acknowledgement will indicate how long it will take for investigation to be made into your concern and when you can expect an outcome.

Making a Compensation Claim After a Complaint

If the NHS admits liability after investigating your complaint, you may be entitled to a compensation claim. For a successful medical negligence claims, you must be able to prove that there was a breach of duty (the medical professional is liable) and causation (you suffered harm as a direct result of the medical professional’s actions). Thus, making a complaint can be very useful if you are considering starting a claim. Even if you do not receive any apologies or no admission of liability is made, a complaint can help your Medical Negligence Solicitors when evaluating different aspects of your case.

Thursday 8 October 2020

How to Sue the NHS for Delay in Treatment?

When it comes to diagnosis and treatment of a medical condition, time is an invaluable asset. If promptly identified, with advancements made in medicine, patients now stand a better chance of making a full recovery or living a pain-free life. Without doubt, the earlier an illness or injury is diagnosed, the sooner medical professionals can begin treatment. If treatment is delayed for any reason, the patient could suffer long-term complications and may be able to sue the NHS.

Generally speaking, the quality of care administered by the NHS is excellent. However, mistakes happen occasionally, leaving patients to struggle with life-altering injuries. If you have suffered an injury or illness as a result of delayed treatment by the NHS compensation can help you cover costs of your care.

Making a Complaint to the NHS

If you have been a victim of delayed treatment due to NHS negligence, making a complaint to the NHS is a good way to start. While the NHS complaints procedure does not result in financial compensation, it can help you learn about what went wrong and enhance your chances of making a claim against the NHS.

How Can I Sue the NHS for Delayed Treatment?

To make successful claims against the NHS, you must demonstrate and prove duty of care, breach of that duty, causation/negligence and damages.

  • Duty of care/breach of duty
  • First, you must prove that the NHS owed a duty of care towards you to protect your health and provide prompt and adequate treatment. The next step is to show that the medical professional responsible for your treatment failed to deliver the standard of care expected of a medical expert in the same field.
  • Causation
  • You need to prove that there was a direct link between the negligent treatment you received and the injury or illness you suffered.
  • Damages
  • This stage involves quantifying the financial settlement you should receive for the injury, pain and suffering you have incurred due to Medical Negligence. If you have reduced your work hours, quit work completely and/or are unable to continue working as you used to, you may be entitled to make NHS negligence claims for lost earnings as well as future lost income. This is in addition to compensation that covers your ongoing and future needs.

Making a Claim Against the NHS

If you think you have suffered an injury or illness as a result of delayed treatment at the NHS, do not hesitate to contact us. The panel of NHS Solicitors we work with will assess details of your case and let you know whether you have a reasonable chance of success. If you do, we will help you provide legal advice against the NHS to enhance your chances of success and make a No Win No Fee claim against the NHS on your behalf.

Friday 2 October 2020

Best Misdiagnosis Claims Solicitors in Liverpool

When we are ill, we put faith in the knowledge and experience of our medical practitioners and trust that they will give us the best possible care. Unfortunately, this is not always the case and many patients have had their trust misplaced due to medical misdiagnosis.

With conditions such as cancer, heart attacks or meningitis, correct diagnosis and treatment is crucial to giving the patient a chance. Sadly, these are some of the commonly misdiagnosed conditions, as their symptoms can sometimes be hard to determine; but if you believe your diagnosis (or lack of) was due to negligence on the part of your healthcare professional, you may be entitled to a medical negligence claim. Whether your condition has been misdiagnosed, delayed or missed altogether, its impact can leave you wondering where to seek help.

Medical Negligence Direct has a strong track record when it comes to medical negligence claims and have helped many victims of misdiagnosis to seek justice and secure the compensation they deserve. A free, no obligation initial consultation with one of our friendly solicitors will quickly establish whether you have a valid claim for misdiagnosis and, if this is the case, we will fight for you with all our knowledge and experience to get the best possible outcome.


Do I Have a Claim?

You may have a claim for misdiagnosis if:

  • Your treatment has been delayed due to a less serious concern
  • You have received unnecessary surgery due to incorrect diagnosis
  • You have suffered stress or trauma as a result of incorrect diagnosis
  • Diagnosis has been missed altogether
Get in touch with us as soon as possible if your situation fits any of the categories above. Our specialist misdiagnosis claims solicitors will evaluate your claim and let you know whether there is a reasonable chance of success.

Who Can I Make a Misdiagnosis Claim Against?

In the UK, medical misdiagnosis claims can be made against a range of practitioners and medical institutions, including:

  • A GP
  • NHS
  • Private healthcare facility
If you have been a victim of misdiagnosis while under NHS care, you can lodge a complaint against the NHS service. This complaint will be handled by the NHS Resolution, and will likely be settled out of court. With our team of expert medical negligence solicitors, we walk hold you by the hand through this process and do everything to ensure you have a great chance of success.

What Can I Claim for?

If, having assessed your case, we believe you have grounds for a claim, we will help you determine what can be included in your compensation. General damages — compensation for pain, suffering and loss of amenity — are the most common financial settlements. It is calculated by considering factors such as the nature of your injury, impact on your life, length of recovery, and the pain and suffering due to misdiagnosis.

You may also be able to claim for loss of earnings if you have been unable to work as a result of the injury, as well as any out of pocket expenses incurred as a result of the misdiagnosis you suffered. Our medical negligence solicitors will give you an estimate of what you can expect for your case.

Contact Us

At Medical Negligence Direct, we are passionate about helping victims of medical misdiagnosis seek justice and appropriate compensation. Based in Liverpool, we work with clients across the UK, and offer a free initial consultation and a No Win No Fee service if we believe you have grounds for a claim. Call us today on 0800 644 4240 or complete our online claims assessment form and one of our friendly solicitors will get back to you.

Wednesday 30 September 2020

Making a Meningitis Misdiagnosis Claim

Meningitis can be a very serious and devastating illness, even when it is promptly and accurately diagnosed. As experienced meningitis misdiagnosis claims solicitors, we understand the impact meningitis misdiagnosis can have on you, as the patient, and your family.

What is Meningitis?

Meningitis is an infection that affects the protective membranes of the brain and spinal cord. The swelling resulting from meningitis can trigger symptoms like severe headache, muscle pain, stomach cramps, stiff neck and fever. It is most common in children under 5, teenagers and young adults, but anyone can get it.

If a medical professional fails to quickly recognize the symptoms of meningitis, then the patient may suffer life-changing and even fatal consequences. Over the years, solicitors at Medical Negligence Direct have helped people of all ages who have suffered different kinds of meningitis misdiagnosis, including viral and bacterial meningitis. If you have suffered long term health issues, disability or lost a loved one in death as a result of meningitis misdiagnosis, you can make a medical negligence claim, whether this is due to delayed diagnosis, failure to carry out tests or incorrect diagnosis.

meningitis misdiagnosis

What Will Happen When I Make a Meningitis Misdiagnosis Claim?

When you get in touch with us, we will set up a free, no obligation consultation to discuss your case and determine whether you have a valid claim. We will then reach out to those responsible for the negligent treatment you suffered to see if they accept liability for your condition. If they accept liability, we will try to secure interim payments to help you fund ongoing medical expenses and care, before a final compensation amount is decided.

Our panel of solicitors will look into every detail of your case, and even involve the support of independent medical experts in gathering evidence. These experts will evaluate the level of care you received and its implications on your health. They will also proffer advise on the best step to take for your medical care in future.

You can rest assured we will try to negotiate an out-of-court settlement, to ensure the claims process is finalized as quickly as possible. However, if the alleged negligent party does not accept liability or doesn’t agree to the compensation amount we feel is best for you, we will initiate court proceedings.

Can I Claim for a Loved One Who Has Died?

If you have lost a loved one as a result of meningitis misdiagnosis, our meningitis misdiagnosis claims solicitors can help you recover compensation for the pain and suffering your loved one endured. You will also provide legal support for you at the inquest and help you get the answers you deserve from those liable.

Making No Win No Fee Meningitis Misdiagnosis Claims

The vast majority of cases handled by Medical Negligence Direct are funded with a No Win No Fee arrangement. This means that you do not incur any financial risk when making a claim.

After contacting us, we will discuss the funding options with you, and advise you on which we think is best. If you have a legal expenses insurance, we will check whether you are already covered. But if we believe a No Win No Fee agreement is ideal for you, we will explain the process in detail.

Get in Touch with Us Today

Proving errors and delays can be tricky, but our medical negligence solicitors have a wealth of experience in handling this type of claim. We will build your case and support you through the process. Our goal is to help take off some of the stress during what is already a distressing time for you; get in touch with us today so we can advise you based on your personal circumstances.

Thursday 10 September 2020

How Much Compensation for Misdiagnosis of Cancer?

Cancer diagnosis can have devastating effects for you and your family. But this can be made worse when it is misdiagnosed by your healthcare provider, especially as cancer is a time-bound ailment. The longer cancer diagnosis and treatment is delayed, the more threatening it becomes and the more likely it is to spread to the body’s other organs. If you have been a victim of cancer misdiagnosis, you can make a claim for compensation.

What is Cancer Misdiagnosis?

If a patient has cancer and a qualified medical expert has delivered a wrong diagnosis, this is known as cancer misdiagnosis. This could mean that they either diagnose your cancer as a different ailment or completely miss the symptoms.

Medical professionals owe their patients a duty of care and must employ different diagnostic measures to identify a patient’s condition and rule out potentially life-threatening illnesses. If a medical professional fails to conduct appropriate tests or consult with specialists for further investigation of a condition, they may mistakenly deliver a wrong diagnosis and you may be entitled to a medical negligence claims.


How Much Compensation Can I Claim for Cancer Misdiagnosis?

Compensation amounts for cancer misdiagnosis can vary, depending on the extent of your injury and the financial losses you have incurred as a result.

At the start of your claim, cancer misdiagnosis solicitors will consider the different ways cancer misdiagnosis has impacted your life. The impact on your life will determine the right compensation amount for you. However, victims of cancer misdiagnosis will usually be able to claim compensation for general damages and special damages.

  • General Damages:This compensates for the direct consequences of the cancer misdiagnosis you suffered, such as pain, suffering and loss of amenity. General damages have no exact monetary value, and will be determined based on the nature and severity of the injury you suffered.

  • Special Damages:This compensates for quantifiable monetary losses you have incurred as a result of cancer misdiagnosis. For instance, this may include medical bills, travel expenses, care costs, loss of earnings and estimated future earnings.

No Win No Fee Cancer Misdiagnosis Compensation Claims

At Medical Negligence Direct, we offer medical negligence victims an opportunity to make a No Win No Fee Medical Negligence Claims, including those who have suffered as a result of cancer misdiagnosis. Under this arrangement, you incur no financial risks, as you do not have to pay any upfront fees for your claim. 

If you are considering a cancer misdiagnosis claim, get in touch with us today for a free, no obligation consultation. We work with the best Medical Negligence Solicitors, and will be happy to discuss details of your case right away.

Friday 4 September 2020

How to Make a Medical Negligence Compensation Claims

Medical negligence is poor medical care provided by a healthcare professional to a patient, which has directly contributed to an injury or worsens an existing condition. Negligent treatment can happen in a number of ways, including misdiagnosis, surgical errors or delayed treatment. If you have been a victim of substandard care and have suffered an injury or illness as a result, you may be entitled to a compensation claim.   

HOW DO I MAKE A CLAIM?

To make a successful medical negligence compensation claim, the first thing you need to do is get in touch with one of our specialist solicitors. We will help you manage the process by trying to understand events surrounding your case via a free initial consultation. After the consultation, we will request your medical records and work closely with independent medical experts, who will evaluate your case and give their opinion on whether you have suffered negligent treatment.



If we believe you have a valid medical negligence claim, we will begin legal action on your behalf.

HOW MUCH CAN I EXPECT FOR MEDICAL NEGLIGENCE?

Every medical negligence case is unique. The compensation you can expect will depend on the nature of your injury, its impact on your life and its impact on your current and future earning prospects. When our Medical Negligence Solicitors help you make a claim, they consider a number of things such as:

  • The pain and suffering you have experienced. While this does not have a specific monetary value, the compensation you receive will depend on the severity of pain and suffering.
  • Financial losses you have incurred such as medical equipment you have acquired to aid your daily living as well as cost of travel for medical appointments.
  • Home adaptations
  • Cost of current and future medical care
  • Earnings you have lost due to the injury. You may also be able to make a claim for future estimated earnings if the injury has impacted your ability to continue work.
  • Cost of medical procedures you need after the negligent treatment
The panel of specialist medical negligence solicitors we work with will use all of the information gotten from you to ensure you receive the maximum compensation you deserve.

CAN I MAKE A CLAIM AGAINST THE NHS FOR MEDICAL NEGLIGENCE?

Yes, you can. If you have been injured or your condition has been made worse due to medical negligence on the part of an NHS trust or medical professional, you may be entitled to a compensation claim. Medical negligence claims against the NHS can be daunting, but our specialist NHS solicitors can walk you through the process and help you get assess to justice.

WILL I HAVE TO GO TO COURT?

Most medical negligence claims are sorted before they go to trial, with only the very complex ones going all the way. If your case goes to court, you can count on us to support you through the process.


CONTACT US

For a free, no obligation consultation about making medical negligence claims, please call us today on 0800 644 4240 or contact us online and we will get in touch with you as soon as possible.

Saturday 29 August 2020

How to Start a Medical Negligence Claim?

Negligent medical care can be a painful and traumatic experience, and can have a serious impact on the health of wellbeing of its victim. If you have suffered harm after receiving poor medical care, you may be entitled to a medical negligence claim.

Medical negligence claims can seem complex and overwhelming, but with the right legal support, you can enhance your chance of receiving a fair outcome. This article discusses the medical negligence claims process and how you can begin your quest for justice.

Initial Consultation

When you contact us at Medical Negligence Direct, we will arrange for a free, no obligation consultation. During this meeting, we will discuss details of your case, including the negligent treatment you believe you or your loved one have suffered. In the end, we will give you an honest and transparent assessment of your case about whether we believe you have a valid claim. If you do, we will advice you on the next steps for a medical negligence claim.

medical negligence claims

Developing your case

If we believe you have a valid claim, we will help you establish the facts of the case. This will include a number of steps, including obtaining medical records, arranging for expert medical examination, and getting witness statements. 

Letter of notification 

We will help you draft an initial letter to the NHS Trust or healthcare service responsible for your treatment at the time of the negligence. This letter will notify them that you intend to make a claim, and gives them an opportunity to offer a resolution as quickly as possible. 

 Making a claim 

 A letter of claim will be sent to your defendant, detailing the facts of your case. The letter will include the alleged errors made by the medical professional(s), as well as the impact on the health of you or your loved one and how much compensation you seek. 

Upon receipt of the letter, the defendant has 4 months to respond. The response will either admit responsibility for the injury you suffered or deny there was negligence. Following the defendant’s response, we will discuss with you on whether you should accept the settlement (if offered) or take further action. 

 Court proceedings 

If a resolution is not reach with the alleged negligent party, we can initiate court proceedings on your behalf. However, the vast majority of medical negligence cases do not go to trial, so it is likely that your case will be resolved before this point. In any case, you can count on us to walk with you all the way if the case goes to trial. 

 No Win No Fee Medical Negligence Claims

We handle most of our clients’ medical negligence claims on a No Win No Fee basis. This means that you do not have to pay any upfront legal fees when starting a medical negligence claim. 

 Why Choose Medical Negligence Direct? 

We work with a panel of specialist medical negligence solicitors who have been supporting claimants through a wide range of claims for many years. With a strong and successful track record, we are up to the task even for the most complex and challenging cases. Please call us today on 0800 644 4240 for a chat with one of our specialist solicitors or fill out our claims assessment form and we’ll give you a call as soon as possible.

Wednesday 19 August 2020

Best Medical Negligence Claims Solicitors Liverpool

 If you or your loved one have received medical treatment that has gone wrong and you are based in Liverpool, our friendly solicitors at Medical Negligence Direct can offer you expert legal advice and support. Medical Negligence Claims are one of the most complex areas of law. This is why the panel of solicitors we work with comprises specialists who can offer expert advice across a range of medical negligence cases, to helping claimants secure the compensation they deserve.

Choosing the right Solicitor can go a long way to make for a successful claim; so, if you live in Liverpool or surrounding areas, our presence in the area will give you the confidence you are getting the best possible legal representation for your claim. From the word goes, our solicitors will be honest and transparent with you. So, if we believe you do not have a valid claim with a strong chance of success, we will let you know and save you the stress of taking on a claim.

MEDICAL NEGLIGENCE CLAIMS IN LIVERPOOL

Avoidable harm is a key component of medical negligence in Liverpool. As a patient, your healthcare provider has a duty to provide standard medical care when treating you. If they fail to do this, it is your responsibility to prove that they are at fault for the injury you have suffered.It is not sufficient to have suffered negligent treatment; you can make a claim if the negligent action caused you injury. This injury could be anything from physical harm to psychological trauma. In any case, our specialist Medical Negligence Solicitors will discuss your situation and advice you on how you can make a claim for compensation.


SPECIALIST LOCAL REPRESENTATION

With us here at Medical Negligence Direct, you will always speak with specialist Medical Negligence Experts from the word go. This will make it possible for us to discuss your case and any evidence to support it. If we believe you have a valid claim for negligence and a reasonable chance of success, you can count on us to handle your case with the utmost commitment to help you secure the maximum compensation you deserve.Our level of commitment, alongside our expertise, sets us apart from other solicitors in the UK. We do everything possible to be at the forefront of medical negligence claims in Liverpool and surrounding areas, and to offer our clients the best legal representation possible.

Yes, we are willing to go above and beyond to support the legal needs of our clients.If you think you or your loved one may have suffered negligent treatment, get in touch with us as soon as possible. Please call us on 0800 644 4240 or fill out our claims assessment form and one of our specialist solicitors will call you at your earliest convenience.

Thursday 6 August 2020

Sue the NHS for Medical Negligence | Claim Against NHS

There is no doubt that the NHS does an excellent job of helping us get through our health problems. However, there are times when things do not go according to plan and a patient may suffer harm in the process. If you or your loved one have suffered an injury while receiving medical care at the NHS, you may be entitled to pursue NHS negligence claims.

CAN YOU SUE THE NHS FOR NEGLIGENCE? Yes, you can. If you have been injured during a routine check-up, surgery, or while treatment for an illness or undertaking a medical procedure, you may be able to sue the NHS. You could also make a claims against NHS if you are the next of kin of someone:

  • Who has died as a result of negligence
  • Who lack capacity to make medical negligence claims

Suing the NHS does not necessarily mean that you must use the NHS complaints procedure compensation, but this process may be useful if you want to learn more about what happened to you or your loved one. The NHS complaints procedure can help you make a more informed decision about whether to go ahead with the claim against NHS.


TIME LIMITS FOR SUING THE NHS

As is the case with any medical negligence claim, there are time limits for claimants seeking compensation from the NHS. Claimants must start their medical negligence claims within three years from when the negligent act happened or when they first became aware that their injury was a result of negligence. Read more about to medical negligence claims time limit.

If the claim is made on behalf of someone who lacks the mental capacity to independently manage their affairs, the 3-year time limit does not apply. It does not also apply if the victim of negligence is a child or is deceased. It is best to seek specialist advice as soon as you have knowledge of the negligent act so you do not leave it late.

GOING TO A MEDICAL NEGLIGENCE SOLICITOR

If you are considering suing the NHS, you should seek specialist legal advice from medical negligence solicitors as soon as possible. The solicitors will assess your case and determine whether it is strong enough for a claim. To achieve this, they will need as much information as is available. Thus, it will go a long way if you keep records of every relevant element of the medical care you received — including the paperwork you got if you went through the NHS complaints procedure.

If you have had to settle any expenses related to the illness or injury you suffered due to negligence, make sure you keep a record. Your solicitor will decide if your chance of success is strong enough and will give you an idea of how much you might be able to claim.

Thursday 23 July 2020

Make a Breast Cancer Misdiagnosis Compensation Claims

Despite how well-known breast cancer’s early warning signs are, it is not uncommon to come across medical professionals who fail to promptly diagnose the condition. When misdiagnosed, the treatment of breast cancer can be less effective and may even cause the patient unnecessary pain and suffering. if your breast cancer has been misdiagnosed, you may be entitled to a breast cancer misdiagnosis claim.

When diagnosed early, there’s a great chance that breast cancer can be cured. Treatment may include hormonal therapy, chemotherapy, radiotherapy and surgery. But if the cancer goes undetected for long, it could grow and spread to other parts of the body. Therefore, breast cancer misdiagnosis can be very serious.


MAKING A BREAST CANCER MISDIAGNOSIS CLAIM

To successfully make a breast cancer misdiagnosis claim, you need to prove that your doctor’s misdiagnosis affected the ultimate outcome you experienced. Usually, this means that the medical professional failed to thoroughly investigate and examine you. They may have also failed to link the symptoms you presented with the condition, misdiagnosing a different ailment. They may have misread test results or even failed to refer you for further tests.

If you or your loved one has had breast cancer misdiagnosed, it is important that you seek legal support as soon as possible, as there are strict time limits for making claims. Get in touch with Medical Negligence Direct today for expert legal advice and support. Our friendly and specialist medical negligence solicitors provide a free no obligation advice to help claimants in dealing with breast cancer misdiagnosis claims successfully.

HOW WE CAN HELP

Medical Negligence Direct has helped many claimants to make claims for compensation after suffering injury as a result of medical negligence. We also help them seek answers from the individual or organization liable. This is because we realize that an apology can go a long way in helping victims of breast cancer misdiagnosis seek closure and assurance that there will be no repeat of such negligent treatment in future.

Most claims handled by our panel of solicitors are funded via a No Win No Fee agreement, which means there will be no financial risk to you, no matter the outcome of your case. Our proactive and experienced approach also gives you the very best chance of winning your claim.

TALK TO US

If you or your loved one has suffered due to breast cancer misdiagnosis, talk to one of our friendly solicitors today on 0800 644 4240. You may also complete our free claim assessment form and we will give you a call back as soon as it is convenient for you.

Tuesday 14 July 2020

A Guide to Medical Negligence Compensation Claims by Medical Negligence Direct

The UK healthcare system is one of the finest and most respected in the world. However, mistakes can occur in almost any medical setting, including clinics and hospitals and, when things go wrong with healthcare, it can have very devastating and far reaching effects. It can severely affect the physical, financial and emotional state of the victim.

The good news is that you can make a claim for negligence if a healthcare professional has breached their care of duty by providing substandard care to a patient, which has caused injury. However, you must be able to determine whether or not medical negligence has occurred before making a claim.

WHEN HAS MEDICAL NEGLIGENCE OCCURRED?
Medical Negligence can be complex, so knowing if you have suffered negligent care can be hard sometimes. Did the doctor breach his/her duty of care or was it one of those inevitable things? Let us start by defining what medical negligence really is. Medical Negligence occurs when a healthcare professional fails to provide appropriate standard of care, causing illness or injury to the patient. This may mean causing injury or illness due to substandard care, or worsening a pre-existing medical condition.


Medical negligence can occur in several different forms, which can include, but not limited to:

1. Misdiagnosis:

This occurs when a healthcare provider diagnosis a particular condition, when the patient has a different one. Misdiagnosis could also occur when the medical professional fails to diagnose a patient’s condition, since this could delay the correct diagnosis and treatment of a patient. Contact to our Misdiagnosis Claims Solicitors for make a claims.

2. Incorrect Treatment:

Sometimes, misdiagnosis can cause a healthcare provider to administer a wrong drug, prescription or treatment. When incorrect treatment is administered, it not only fails to provide relief for the patient’s condition, but can worsen the illness or injury in some cases.

3. Prescription Error

A doctor or nurse can be responsible for the type, quantity, and mode of administration of a medication for his/her patient. If they make a mistake about the type of drug to be prescribed, dosage to be administered, or the mode of administration, the patient may be able to pursue claim for negligence. Prescription error could also occur if bad handwriting causes the patient harm. Luckily, band handwriting problems are increasingly rare as most healthcare providers now use computer systems.

4. Surgical Errors

Mistakes are sometimes made during a surgical procedure or operation. Surgery is meant to provide relief to any pain a patient is experiencing, but the opposite can happen sometimes, and mistakes can be made by a medical professional. These mistakes may either mean that the initial problem isn’t fixed or that the pre-existing condition has been worsened. Surgical Errors could include performing an operation on the wrong part of the body, damaging certain organs or forgetting surgical equipment inside the patient’s body.

WHAT NEXT?
If you believe you have been a victim of medical negligence and are considering pursuing a claim for compensation, then you should consider the following important elements that impact medical negligence.

1. Breach of Duty: Your medical negligence solicitors can help you determine whether your experience meets the criteria for negligent care. To achieve this, they must prove that you received substandard care, and that this care has directly resulted in or contributed to an injury, or worsened an existing injury.

2. Time Limits: Strict time limits apply when it comes to pursuing a medical negligence claim. Generally, claimants have three years from the date of the injury or the date of knowledge, to make a claim. Though this time limit usually begins from the date the negligent act occurred, it may sometimes be obvious at a much later time after the negligence.There are also exceptions to the three-year time limit. If the medical negligence affects a child under 18 or a mentally disabled patient, the time limit begins when the child turns 18 and when the patient recovers from the disability respectively. If this is a permanent disability, family members may help such one make a claim for compensation.

3. Compensation: A range of factors determine the amount of compensation you can be awarded. These factors can include the extent of illness or injury, the impact it has had on your life, the impact it would have on your future, and any expenses that you have incurred as a result of the illness or injury.

Wednesday 8 July 2020

How Do I Make a Claim Against the NHS? NHS Medical Negligence Claims


Medical professionals at the NHS have a duty of care to their patients; they must provide vital healthcare services to every patient under their care. While this is usually the case, they sometimes fail in those obligations, causing injury, and these actions may constitute medical negligence. If you have suffered harm as a result of medical negligence by a healthcare professional at an NHS organization, you may be entitled to make a claim for compensation.

What Can I Do If I Think I Have Suffered NHS Negligence?

If you have experienced medical care of substandard quality while under NHS care, there are a number of options available to you. The first step is to let the hospital management know about your case. In many cases, most medical negligence victims are satisfied with an apology and assurance that there will be no repeat of such poor treatment in future.

If you are unable to reach a resolution, you can lodge a formal complaint through the NHS complaints procedure. You reserve the right to be heard and for your case to undergo thorough investigation. NHS Choices provides guidelines for those seeking to lodge formal complaints against the NHS. Your medical negligence solicitors can also support you through the process.

If you are unsatisfied with the way your complaint is handled, you can take your case to the Parliamentary and Health Service Ombudsman.

Keep in mind, however, that lodging a formal complaint is not necessarily a prerequisite for starting a claim, but it is often wise to do so. Using the official complaints procedure can force the NHS Trust to provide clarity on circumstances surrounding the medical care you received and establish whether there was negligence. With this information, your solicitor can decide whether making a claim would be in your best interest.

What is the NHS Negligence Process?

Medical negligence claims against the NHS can be tricky to prove, and you will need expert legal advice to determine whether you have a case. So, if you are considering an NHS negligence claim, the first step is to contact Medical Negligence Direct.

Our specialist solicitors will discuss with you to learn about details of your case. If they believe your case has a strong chance of success, we will assign a specialist NHS negligence solicitor to walk you through the process.

How Can I Prove My Claim Against the NHS?

It is your duty, as an injured patient, to prove that the NHS was negligent and that its negligence caused you harm. Thus, expert medical opinion will represent the most significant part of your evidence. Depending on the complexity of your case, two or more healthcare professionals with specialist knowledge in the relevant medical field may provide reports that will be used to prove negligence and causation.

Following these investigations, your solicitor will be more certain of your chances and let you know whether you have a strong claim.

How Can We Help?

For NHS negligence claims to be successful, you must be able to establish that the injury you suffered was a direct consequence of negligent care you received at the NHS. Proving medical negligence can be a long and complex process, but you can rest assured our experienced panel of solicitors will help. You can trust us to provide the advice and support you need to go through the process in a stress-free manner, and assist you in winning your claim against the NHS.



Monday 15 June 2020

Important things to choose the Medical Negligence Solicitors | Medical Negligence Claims

Choosing the right medical negligence solicitor at the start of your case is the single most important thing you can do to enhance your chances of a successful claim. This short article has been prepared to help those who have suffered illness or injury at the hands of a negligent healthcare provider to make an informed decision when choosing a medical negligence solicitor.

WHAT SHOULD I CONSIDER WHEN CHOOSING A SOLICITOR?

1. Experience

Rather than focus on quality, many solicitor firms have employed the services of cheap, non-qualified staff to cut down costs. When choosing a solicitor, look out for one that guarantees your case will be handled — from start to finish — by experienced and qualified solicitors. Ensure you ask questions about the qualifications and experience of the medical negligence solicitors handling your case.

2. Funding

It is now common for medical negligence cases to be funded on a No Win No Fee basis. You should ask your solicitor about the funding process, and ensure you receive clear answers. Still, be sure to avoid cutting corners or securing the cheapest offer. Your goal should be to maximize the compensation award you can receive — and this can only be achieved through skilled legal representation.


3. Track Record

Does your solicitor possess the experience of dealing with cases similar to yours? For how long? Are there testimonials from previous claims they have handled? If, for instance, you are making a claim for cancer misdiagnosis, your chances of success will improve if you work with a cancer misdiagnosis solicitor with a proven track record.

4. Practical and Personal

If you are making a claim for negligence, you could work with a solicitor for a year or even much longer. If you don’t feel comfortable with the person you are working with, this can negatively impact the progress and success of your case. A good medical negligence solicitor should provide skilled advice and representation and personal support; they should listen to you, speak to you and understand what you hope to achieve from the case.

If you have suffered harm as a result of mistreatment by a medical professional, please contact our specialist medical negligence solicitors at Medical Negligence Direct. We will be happy to arrange for a free, no obligation consultation so we can make an informed decision. Call us today on 0800 644 4240 or complete the contact us form.

Saturday 28 March 2020

Everything Know about NHS Medical Negligence Claims - Medical Negligence

The National Health Service (NHS) — one of the oldest and biggest medical care institutions — plays a key role in the health care of millions of patients every year. Medical care here is usually standard and most patients are discharged without any issues.
However, the increasing patient population puts more than usual pressure on the NHS, and the quality of healthcare may fall below required standards. You may be able to make NHS negligence claims if you have received substandard care by a medical professional at the NHS.
It is important that the victim of medical negligence receives his or her compensation quickly in order to care for their health needs. Unfortunately, making a claim can be a complex, lengthy and stressful process. To make a successful claim and receive the compensation you deserve, there are important things about NHS medical negligence claims you should know.



1. The NHS Resolution:
The NHS Resolution is responsible for managing medical negligence claims against the NHS. In most cases, claims against the NHS are settled out of court or dropped; in fact, only less than 2% of claims end up in court. The NHS Resolution has a database of information where it stores claims filed against the NHS, as well as ‘incidents’ and potential claims where legal action has not taken yet but where a patient has made it clear that they would make a claim.

2. Compensation:
If you have suffered an injury or loss as a direct result of the negligent treatment you received, you can make a claim for compensation. This claim may include compensation for pain and suffering, psychological damage, and loss of earnings. A claim can also be filed on behalf of the next of kin of a person who has died or has lost the capacity to make a claim on their own.

3. Compensation Schemes:
Certain injuries may require special compensation for the damages caused. You may be entitled to make a claim under the special compensation scheme without heading to court. For instance, if you have suffered an illness after a vaccination was administered, you could make a compensation claim to the Vaccine Damage Payment Unit. People who contract HIV when treating other ailments can claim payments from the Government and from the MacFarlane Trust.

4. Time Limits:
Medical negligence claims are subject to a three-year ‘limitation period’. This means that you must issue your claim within 3 years from when the alleged negligence occurred or from when you first realized you had an injury or illness.
If the victim is a child, the 3-year limit does not apply until they turn 18. If the victim is an individual who lacks the capacity to file a claim due to a mental disability, the 3-year limit does not also begin until (and unless) they fully recover from the condition. In both cases, a close relative or parent can make a claim on their behalf.

5. Working with a Solicitor:
You should see a specialized medical negligence solicitor for your case. If, for instance, a misdiagnosis by a medical professional has led to your injury, a misdiagnosis claims solicitor will be best placed to handle your claim. In the UK, there are two panels — the Law Society and the Action against Medical Accidents (AvMA) — recognized for the administration of specialized medical negligence solicitors.
The medical negligence solicitor will evaluate your case and determine if it is strong enough for a claim. To achieve this goal, they will require as much information as possible. So, it is important that you keep records of every relevant piece of your medical care, as well as any documents relating to the complaints’ procedure. Also ensure you store records of loss of earnings and any expenses the damage has caused you. If the solicitor decides that you have a reasonable chance of success, he or she will give you an idea how much your claim might be worth.

6. Letter of Claim:
If you decide against working with a medical negligence solicitor and plan on representing yourself instead, you will need to send a letter of claim to the NHS Trust responsible for your medical treatment. This letter should include your full name and address, date of birth, treatment dates, national insurance number, and the names of the healthcare professionals involved.
Your letter of claim should precisely state the nature of the alleged negligent care, against which medical personnel, and on what date. It should also state the nature of damage caused by the negligent care, and the kind of compensation you seek.

Funding a Medical Negligence Claims:
Your medical negligence solicitor will discuss the funding options available to you. Different solicitor firms work with different funding arrangements for their clients. While some will deduct a ‘success fee’ from your award of compensation if the claim is successful, some do not. So, it is important that you carefully choose the medical negligence solicitors you work with.


Funding options for medical negligence claims include:

Legal Aid: Legal aid seized to cover medical negligence claims since April 2013. However, certain illnesses involving children may receive limited public funding. An example is if the child has suffered a birth injury.
Insurance Policies: Some insurance policies provide cover for legal expenses which could be used to fund a medical negligence claim. However, these policies usually have a set limit on the legal costs they cover, and you may have to choose a solicitor on the insurer’s list. If you are funding your claim through this policy, you should ask for a medical negligence specialist.
Conditional Fee Agreements: Often known as ‘no-win no-fee’ agreements, this funding method is such that you will not have to pay any legal fees to your solicitor if you do not win the case. But if you are successful, the solicitor may take some percentage off your compensation as a success fee.

Monday 2 March 2020

Make Sure you choose the right Medical Negligence Solicitor

Choosing legal representatives is a very important part of any legal process. Your choice of solicitor can spell the difference between a thoroughly handled case and a ‘disaster-class’, success and failure, the right award for compensation and a missed shot at getting justice. A medical negligence claim is no different.

The result of poor medical care can be devastating, potentially causing prolonged recovery period or long-term pain and suffering. This is why you must seek help and support from a specialist medical negligence solicitor. However, not everyone who claims to be a top medical negligence lawyer is an expert. Some lawyers may have been specialists in personal injury law for years and are now making a foray into medical negligence — a field where they are very inexperienced.

Here are some of the things you need to consider when choosing a medical negligence solicitor:
  • DO YOUR RESEARCH:
You may ask for recommendations from family and friends who have successfully managed medical negligence situations in the past. These recommendations are a good way to start. However, you must ensure the recommended solicitors suit your personal situation.

Personal recommendations are very valuable when it comes to medical negligence, but you should still carry out your own research. The internet is one of the best research sources. Make a note of reputable medical negligence solicitors that appeal to you and look them up on the Law Society Clinical Negligence Accreditation Scheme. Under the solicitor’s entry, you will find a sub-heading titled ‘Areas of Practice’. If you do not find medical negligence in this list, then this is not a solicitor for your case.
  • SPECIALTY AND EXPERIENCE:
Medical negligence is a highly specialized legal field. As a result, you should only consider working with a firm of medical negligence solicitors dedicated to cases like yours. When looking up a firm’s website, check if the solicitors there are accredited members of the Action against Medical Accidents (AvMA). The AvMA is the UK charity set up for the safety and justice of patients. A solicitor who is part of the Law Society and AvMA is a strong fit for medical negligence cases.
  • INTERVIEW:
Once you are done with your research, it is now time to get personal with your chosen solicitors. This is a crucial part of your decision making as medical negligence cases are usually long and complex. You must feel confident and comfortable with your medical negligence lawyer throughout this process. During the interview, try to discern how approachable they are, and if they are readily available to respond to your queries.

FINAL THOUGHTS
Choosing a medical negligence solicitor is a very crucial part of any medical negligence claim. Ensure you choose the right one so you do not miss out on an opportunity to seek justice and receive the compensation you deserve.

Tuesday 11 February 2020

How to Make a Medical Negligence Claim? Medical Negligence Direct

Making a Medical Negligence Claim can feel like a complex and daunting project, but with the right knowledge and support, the process can be quite straightforward and hassle-free. If you believe you have suffered damage as a result of the negligent behavior of a healthcare professional, you may be entitled to claim for compensation.
This article is designed to help you understand what it takes to make a medical negligence claim, and how medical negligence solicitors can walk you through the process to give you the best chance of a favorable outcome.

STEPS TO MAKING A MEDICAL NEGLIGENCE CLAIM

  • Contact a Medical Negligence Solicitor
Medical law is arguably one of the most complicated aspects of law as it largely relies on unbiased medical expert reports which solicitors cannot control. The first step to making a medical negligence claim is to contact a solicitor. The solicitor will request for all relevant records and documents for your case, and determine if it is strong enough to make a claim. This step is important as it takes the worry and stress associated with handling such cases. Medical negligence solicitors are used to these cases and will prepare your claim for the proceedings that follow.
  • Letter of Notification
In NHS medical negligence claims, a letter of notification will be sent to the NHS Trust as soon as medical negligence is established by your solicitor. This letter is aimed at giving the defendant a ‘heads-up’ that you intend pursuing a claim, and gives them an opportunity to seek early resolution.
  • Submitting Your Claim
Following the notification submitted to the NHS Trust, your solicitor will submit a letter of claim which sets the facts right in clear details, including the precise errors in the alleged breach of duty. The letter will also include facts about how the injury has affected you or your loved one’s health, and the level of compensation you seek.
  • The Defendant’s Response
Once your claim is sent to the defendant, they must respond within 4 months. The response will either be to admit responsibility and offer compensation or deny negligence. Depending on the defendant’s response, your solicitor will advise you on what the next course of action should be.
  • Trial in Court
If the defendant’s response is not satisfactory, your medical negligence solicitor can initiate court proceedings. A ‘Particulars of Claim’ will be drafted and submitted to the relevant local court, and the defendant will have to respond within 28 days. The court will notify both parties involved of a court hearing date, which will usually be around 18 months from the date of the defendant’s response to the proceedings.
However, most claims that reach this stage are usually settled out of court before the eventual trial.
  • Pre-trial Settlement
As you await the trial in court, your solicitor will negotiate on your behalf to agree on a settlement fee. An agreement is usually reached at this stage, and if this happens in your case, there will be no more need for a court trial.
  • Court Hearing
If an agreement cannot be reached before the trial date, the hearing will go on as scheduled. With a specialist medical negligence solicitor behind you, you can still rest assured of a chance of success. Your solicitor will use the medical negligence claim calculator to determine how much your claim could be worth, and this figure will be used both during the negotiation process and court proceedings to get you the compensation you deserve.
Funding a Medical Negligence Claim
There are different funding options for medical negligence claims in the UK. These include using legal expenses insurance, legal aid, and the medical negligence no-win no fee agreement. The no-win no-fee agreement is the most common option as you wouldn’t have to pay any legal fees at the beginning of the claim. This agreement requires that you only contribute towards the expenses if your claim is successful.