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Medical Negligence Lawyers UK - Clinical Compensation Claim Solicitors

Medical Negligence Lawyers UK represents clients who have suffered injury and loss as a result or errors by a healthcare provider. Claims are pursued using either legal aid or the no win no fee scheme.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Duty of Care

Negligence occurs when someone owes a duty of care to another person and breaches that duty, with reasonably foreseeable harm resulting from the breach. Medical negligence is a particular type of negligence, and is defined by the court’s decision in Bolam v. Friern Hospital Management Committee (1957). It occurs when a healthcare provider fails to provide treatment to a patient with a reasonable level of care and skill.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Reasonable Skill

Medical Negligence Lawyers UK may be able to prove medical negligence if your healthcare provider lacked proper skills, behaved carelessly or disregarded established rules of medical practice. In addition to doctors, hospitals can be held financially responsible for the negligent actions of their employees, including nurses and technicians.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Peer Comparison

What is considered reasonable care is determined by asking how the healthcare provider’s peers would have acted under the same circumstances. If, under the same circumstances, a significant number of fellow healthcare providers would have acted in the same manner, then the healthcare provider was not negligent.

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Logical Approach

Another important case with regard to medical negligence is Bolitho v. City & Hackney Health Authority (1997). According to the decision in Bolitho, there can be a finding of medical negligence if the use of an alternative method of treatment, despite support from the medical community, was not a logical choice under the circumstances.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Statute of Limitation

Medical Negligence Lawyers UK will deal with any claim that has a reasonable prospect of success however there must be enough time to make initial investigations prior to expiry of the time limit. Claims for medical negligence must be settled or legal proceedings must have been issued in a court of law within three years of the incident which caused the patient’s injury. This time limit is dictated by the Limitation Act 1980. If the three-year time period has expired, then the patient will be barred from bringing their claim, unless one or more of the following exceptions apply :-

• In the case of legal minors the three-year time period does not start until the patient’s 18th birthday but expires on the eve of the 21st birthday.

• The limitation period runs from the date when the injury was first discovered which may be several years after the negligent act occurred.

• Time does not run against a patient with mental incapacity unless and until full capacity returns.

• The judge may on rare occasions exercises their discretion to override the time limit.

SOLICITORS HELPLINE FREE ADVICE 0844 764 0738

Clinical Negligence Solicitors

To receive free legal advice from Medical Negligence Lawyers UK simply complete the contact form or email our offices or use the helpline. One of our specialist lawyers who belongs to the Solicitors Regulation Authority panel of medical negligence experts will review the details of your case and get in touch with you as soon as possible. You will receive a no charge consultation, and you will be under no further obligations to use our services.