Expert help for your medical negligence claim

If you’ve been harmed by a healthcare provider, you may be considering whether you have a medical negligence (or clinical negligence) claim. The process can seem complicated, but we're here to guide you through it every step of the way.

What is Medical  Negligence?

Medical  negligence happens when a healthcare professional (such as a doctor, nurse, or hospital) provides care that falls below the expected standard, and this causes harm to you. To pursue a claim, we need to prove two main things:

1. Breach of Duty of Care

This means proving that the healthcare provider didn't meet the proper standard of care. For example, a doctor may have failed to diagnose a condition, or a hospital may have made a mistake during surgery. If it can be shown that most other healthcare professionals in the same situation would have acted differently, then this can be considered a breach.

2. Causation

Not only do we need to show that the healthcare provider was negligent, but we also need to prove that their mistake directly caused your injury. This requires strong evidence, often in the form of an independent medical opinion, to link the negligence with the harm you've experienced.

Time limits for filing a claim

Claims for medical negligence generally need to be made within three years of the incident happening or when you first became aware that the injury may have been caused by negligence. This is called the "date of knowledge."

However, there are exceptions:

• Children: Claims can be made on their behalf at any time until three years after their 18th birthday. 
• Mental Capacity: If the person affected doesn’t have mental capacity, the time limit can be extended.

What is the process for a medical negligence claim? 

Once you reach out to us, we'll start by gathering all the relevant details and medical records about your case. This helps us determine whether there’s a valid claim. We will also work with independent medical experts to review the situation and give advice on whether there was a breach of care and if your injuries were caused by it.

After this, we’ll send a formal letter of claim to the healthcare provider, outlining the issues. They then have four months to investigate and respond, either admitting or denying responsibility. If they deny it, we will continue to build the case for you.

How is a medical negligence claim valued? 

We calculate the amount of compensation based on two key areas:

1. General Damages

These cover pain, suffering, and the loss of your ability to enjoy life. The amount varies depending on the severity of your injury, but we use established guidelines and case law to estimate what’s fair.

2. Special Damages

These cover your financial losses, such as:

• Loss of future income
• Cost of any care or assistance you need
• Medical expenses
• Travel costs related to treatment
• Costs for private treatment, if necessary

3. Future Losses

These are any ongoing costs or income loss that you might face due to the injury, such as:

• Ongoing medical treatment
• Future lost earnings

How We Can Help You

At Tees Law, our team of legal experts are here to help you through the process of bringing a medical negligence claim. We understand how stressful it can be, and we're committed to supporting you every step of the way.

Call our specialist solicitors on 0808 231 1320

Our  specialist lawyers are based in the following areas:

Cambridgeshire: Cambridge

Essex: Brentwood, Chelmsford, and Saffron Walden

Hertfordshire: Bishop's Stortford and Royston

But we can help you wherever you are in England and Wales.