What is medical negligence?

Medical negligence, also known as clinical negligence, is when a person has been given care below the expected standard. If you have suffered an injury, illness or other adverse outcome due to healthcare professionals failing to give you the appropriate care, then you may have a claim for medical negligence.

Medical negligence is a three-part test whereby a duty of professional care is owed to a patient and as a consequence of a breach of that duty, the patient suffers harm.

Medical negligence can happen in any sort of healthcare related institution whether it be publicly or privately whether you get your healthcare privately or through the NHS. It can relate to treatment from all types of healthcare professionals such as dentists, surgeons, a GP, a care home worker, a nurse, a physiotherapist or any medical professional who owes you a duty of care.

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How can we help?

By bringing your claim to us we promise to do everything we can to get you the compensation that you deserve.

You will be assigned a personal claim handler who will guide you through your claim. They will provide you with regular updates from start to finish and can answer any questions or concerns you have. We can offer a contactless personal injury legal service to you.

We’re sure you have plenty of questions to ask as we get inundated on a daily basis, so we’ve tried our best to compile the most frequently asked questions for your interest.

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Frequently asked questions

If you have a claim for medical negligence, your case can be funded under a No Win No Fee agreement. A No Win No Fee agreement, also known as a conditional fee agreement, is an agreement signed by you and your lawyer which states that if you lose your case, you will not have to pay any legal costs.

If we are satisfied that your claim potentially has reasonable prospects of success, we will agree to act for you under a No Win No Fee agreement and investigate your claim. This means that you can have your claim investigated at no financial risk to you.

Our team of solicitors gets to work for you without requiring any money upfront. If your claim for medical negligence is unsuccessful, and you have cooperated fully with your case, then you will not have to pay a penny. Instead of worrying about the legal costs, you can focus your energy on your recovery and our solicitors will handle the rest.

Medical negligence – sometimes called clinical negligence – is a situation in which a medical professional or institution has failed in their duty to take care of you and you have suffered injury and/or harm as a result.

We will have to show that the standard of treatment you received has been negligent (liability), i.e. that the treatment that you have received was below the standard of treatment that should have been expected from the type of doctor who was treating you.

In order to prove this we have to show that a clinician of the same discipline who treated you would not have provided the treatment in the same way or to the same standard as the clinician who treated you.

In addition to demonstrating that the standard of treatment you received was negligent (liability) we also have to show that as a direct consequence of the negligent treatment you have received you have suffered what is known as ‘avoidable harm’ (causation). What is meant by avoidable harm is pain, suffering or complications that are above and beyond those that you would have suffered had you been treated correctly in the first place.

As part of your claim we will be hoping to recover compensation for what is known as pain, suffering and loss of amenity (also known as general damages). This is pain and suffering that you have suffered as a result of the negligence and the loss of amenity being the inability to do the things that you once did as a consequence of the, for example no longer being able to play sport or socialise as you once did.

However, in addition to this we also seek to recover compensation for all the financial losses that you have suffered as a result of the negligence. This could include loss of earnings, travel expenses, care costs and medical expenses to name but a few.

Nothing can be more difficult than experiencing the death of a family member. Your world is turned upside down and you do not know where to turn or who can help, particularly if you believe that their death could have been avoided.

When someone dies due to medical negligence, the right to seek compensation for their injuries and death remain after they have died. This part of the claim is brought on their behalf after their death. The people who benefit under the person’s will (or intestacy if they died without a will) are able to seek compensation for their pain and suffering leading up to their death and any other losses they suffered personally as a result of their treatment.

We have specialist solicitors who can our trained to deal with estate claims on behalf of the family of the deceased.

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Personal injury compensation specialists

With over 25 years experience in personal injury claims, we are one of the most highly experienced accident injury specialists in the whole of the UK.

We are accredited by the Law Society and fully regulated with audits on a yearly basis to ensure that our high standards are kept.

Although Scott Rees & Co are based in Newton-le-Willows, you do not need to be local to us to use our services as we are a national solicitor firm. We can assist with most personal injury claims by sending letters, emails and phone calls only. On the off chance we need to meet with you face to face, we are fully prepared to travel across the UK.

What is NO WIN, NO FEE?

It is an agreement that we will only charge for our service if we help you win your case. In the reverse, this also means that you will not have to pay us for our time if your claim is unsuccessful.

At Scott Rees & Co, the majority of personal injury claims we take on will be under the no win, no fee policy. This will be made clear to you when you bring your claim to us.

The no win, no fee system makes us affordable to all because there are no upfront costs to pay. Simply pick up the phone, tell us about the accident and we will assess whether we can help you with your claim or not.

How to start your claim

Unsure if you are entitled to compensation? Don’t worry! Call us today and let the professionals assess your case for you.

You can start your claim by calling us FREE on 0800 61 43 61, or if you prefer us to call you back at a more suitable time, you can Request A Callback by leaving us some details. Alternatively you can start your claim by filling in your details in our Online Claim Form.

Lastly, if you know someone who has been affected by medical negligence, then why not recommend them to us and receive up to £250? (subject to terms and conditions)

Video Testimonials

Alex Tomlinson

Alex suffered a mild concussion after a car crashed into the front side of his car. After a frightening experience, we did our best to provide Alex with a stress-free claim and guidance from start to finish.

Sandu

Sandu worked as a welder but was not provided a mask by his employers. This resulted in Sandu being poisoned by carbon monoxide. After finding us online, we helped Sandu file a successful claim against his ex-employers.

Philip Holden

Philip's home and work life was affected after procedures to his foot surgery were neglected. Philip filed a medical negligence claim against the hospital and we were able to help him win his compensation claim.

Awards, Accreditations & Associations

Scott Rees & Co has an outstanding record for providing excellent client care and customer experiences. Here are some awards and accreditations to show that we meet the high standards of the industry.

You can read more about our awards and accreditations here.

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