Clinical Negligence is a complex part of the law referring to a breach of a duty of care by a medical professional that results in injury.
Also called Medical Negligence or Medical Malpractice, it allows you the right to claim against your doctors and healthcare teams should you feel their actions – or lack of – has caused harmed to you in any way.
Our clinical negligence solicitors can help you understand whether your case has merits and is worth pursuing and will guide you through legal actions required to present your claim.
Clinical Negligence claims can be made by the person injured. A claim for clinical negligence incompetence can also be made by a family member on behalf of their relative, for example, where the injured person is a minor or there is a Power of Attorney in place, or by an Executor of a Will.
If you would like more information about making a clinical negligence claim, please do not hesitate to contact one of our claim solicitors who can provide you with personal legal advice and help you take the relevant steps to putting forward your claim.
- Medical & Clinical Negligence Solicitors - What We Do
The role of a medical negligence solicitor is wide-reaching. From helping you understand whether you have a suitable cause for a claim to supporting you through the various legal processes required to provide you with suitable compensation, apologies and changes to clinical procedure to try and make sure the problems you have suffered do not happen again. Particularly with such sensitive information being shared, Barlow Robbins clinical negligence claims solicitors are expertly trained to offer industry-leading support and guidance to all of our clients. The primary goal of our medical negligence legal team is your best interests.
- What Level of Care Should I Expect?
Whether provided by the NHS or privately, all healthcare professionals must adhere to a duty of care.
The duty of care is a legal obligation adhered to by medical professionals to provide care to an acceptable standard.
In understanding whether your case fits the criteria for medical negligence claims, we must be able to prove that the medical professional who treated you has breached this standard of care and that this breach has caused injury and loss. You must prove that because of the poor care you received, the outcome was worse than it would have been, had the care been adequate. Your clinical negligence solicitor will assist in helping you understand whether you or a family member has been a victim of negligent care.
Examples of medical negligence can be surgical errors, a misdiagnosis, delayed diagnosis or a slow response in providing accurate treatment which results in harm or injury to the patient.
- Clinical Negligence Legal Claims
Your specialist claims solicitors understand the sensitive, and often, life-changing impact that these injuries can cause you. Barlow Robbins’ solicitors aim to work alongside you to make any medical negligence claims as simple & stress-free as possible.
Working alongside a claim solicitor with extensive experience within the field of clinical negligence, we will help you understand how exactly your case will be presented as being negligent & evaluate the chances you have of presenting a successful case from the beginning.
We will offer you advice on how best to approach your medical negligence claim.
Barlow Robbins aims to support you completely. Our claim solicitors are experienced in the complex field of medical negligence law. Your solicitor will guide and work with you to ensure that your negligence case covers all of the various aspects that you are due compensation for.
- What Kind of Cases Qualify as Clinical or Medical Negligence?
Barlow Robbins’ solicitors have successfully helped a number of people claim for injuries and other life-impacting issues that fall under clinical and medical negligence law. These include;
- GP negligence
- Surgical errors or complications
- Incorrect medication
- Inadequate consent for treatment
We can help you figure out how medical negligence law is appropriate to your case. Even if you don’t feel you have a worthy case, Barlow Robbins can help you decide whether or not your case has a good chance of success.
- How Long Do Medical and Clinical Negligence Claims Take?
As with most legal matters, there is no set timeframe for how long a claim or case could take to be settled. Some cases may be settled quickly whilst other more complex cases could span over several months.
Barlow Robbins’ claim solicitors understand how frustrating these legal processes can become. Your legal representative will keep you updated as often as possible and fully communicate any significant changes that may impact the duration of the claim.
- When Should I Bring a Claim?
A claim should be brought usually within three years of the date of the incident or the date of knowledge i.e. the first time you became aware that you may have a claim. Exceptions to this rule include where the claim is brought on behalf of a minor and where the Claimant lacks capacity to manage their legal and financial affairs. The sooner you can notify a solicitor of a potential claim, the better.
- How Can Our Clinical Negligence Solicitors Help?
Our clinical negligence legal specialists have successfully won many claims against public & private doctors, hospitals, dentists and other healthcare providers. We are accredited by various organisations including The Law Society, The Association of Personal Injury Lawyers (APIL) and the Spinal Injuries Association (SIA). We are additionally associated with various brain injury organisations such as UKABIF, The Silverlining, the Brain Injury Trust (CBIT) and the Brain Injury rehabilitation Trust (BIRT).
We can help build a case for those who feel the healthcare provided caused them further harm or did not produce the expected results.
Our expertise is extensive but we particularly specialise in cases involving:
- Brain or neurological injuries
- Birth injuries (including Cerebral Palsy and Erbs palsy)
- Orthopaedic injuries (including nerve damage and amputation claims)
- Spinal and spinal cord injuries (including Cauda Equina Syndrome)
- Obstetric and Gynaecology injuries
- Ophthalmic (eye) injuries
- Legal fees
We can assist you in understanding the law and providing you with advice on whether or not you have the right to pursue a negligence claim for compensation. There is no need for you to worry about your legal fees as there are several potential methods of funding:-
- Legal Aid – This is now only available for babies who have suffered neurological damage during pregnancy, birth or up to the first eight weeks of their life, which has caused them severe disability.
- Legal Expenses Insurance – You may be covered under an insurance policy such as a home (contents and buildings) insurance policy, which we shall then need to look carefully at.
- “No Win No Fee Agreement” i.e. Conditional Fee Agreement – this means that if the claim is not successful, the client does not have to pay any of our legal fees.