Clients with medical negligence claims count on us to support and deliver. They will often face crucial decisions about further treatment and their future. The negligence they have suffered might be life-changing, resulting in permanent injury and/or ongoing health issues. Our team works with diligence and sensitivity to obtain the answers you need and to identify whether you have a case for compensation.
Medical negligence (sometimes called clinical negligence) is when you receive treatment from a healthcare professional, and you suffer an injury because the treatment was not up to the expected standard.
We deal with clinical/medical negligence claims that arise in a wide range of settings, including hospitals, dental clinics, physiotherapy treatment rooms and beauty salons. Negligence claims don’t just arise because of a specific treatment. You might have a claim if you have been misdiagnosed or you haven’t received necessary treatment on time or at all.
There are usually two things you need to prove to make a successful medical negligence claim:
The standard of care that you received fell below the accepted standard for your specific treatment (known as negligence); and
As a direct result of this negligence, you have suffered loss such as a physical injury (known as causation).
Typically, claims for clinical negligence should be brought within three years either of the date of the negligent operation or treatment, or in some cases, the date you first learned that there may have been negligence subject to certain which we would help to identify and advise further upon if this is applicable.
In the event of a claim involving a child, the time limit for starting a claim is usually three years from their 18th birthday.
There are other time limits which may apply and we will advise you of these if necessary. Because of these time limits it’s important to contact a solicitor once you become aware of a potential medical negligence claim. Occasionally we may be able to issue proceedings as a precaution to avoid you being prevented from bringing a claim because the time limit has expired.
In most instances we offer Conditional Fee Agreements (“no win no fee “) for medical negligence claims. A Conditional Fee Agreement means that whether you win or lose, making a medical negligence claim will usually come at no financial risk or cost to you.
The time it takes to complete a medical negligence claim depends entirely on the nature of the claim. Claims inevitably take time and patience to conclude, especially if clients continue to receive treatment, liability is denied, there is a need for extensive medical evidence or if there are pre-existing conditions which have been made worse by the negligent treatment. Remember it may not always be in your best interests to settle a claim quickly because the extent of your injuries and the amount of compensation you are entitled to may not be clear for several years.
Whether to pursue a claim can be a very difficult decision, particularly when you have had a good relationship with either the treating expert or the NHS, as examples. If you have suffered an injury because of medical negligence, you’ll very likely feel stressed and vulnerable. It’s important however to contact a solicitor so that the extent of your injury and loss is established as soon as possible. If a healthcare provider was responsible for your treatment, we will be able to advise you on the strength of the claim and begin to take the steps necessary to protect your legal position. These steps can include:
Obtaining your medical records
Commissioning a liability report and a full prognosis report
Analysing the details and instructing an expert on your condition where appropriate
Sending a letter of claim to the defendant
Seeking an admission of liability
Negotiating a settlement if appropriate
Issuing court proceedings if no agreement is possible
The team is very knowledgeable, approachable, helpful and efficient, with an excellent level of expertise.
Chambers and Partners UK 2024
DMH are known for their client-centred approach and their ability to provide astute advice even in the most difficult of cases.
Legal 500 UK 2024
They are extremely efficient and provide excellent communication.
Chambers and Partners UK 2024
They have led me every step of the way, keeping me updated in a professional and timely manner.
Legal 500 UK 2024
They have worked tirelessly on my case – I could not have asked for more guidance or support throughout this process.”
Chambers and Partners UK 2024
I always felt like an individual and not just another client. I was kept fully informed of the progression of my case …..
Legal 500 UK 2024
Legal500 2024 Leading Firm
Legal500 2023 Top Tier
Meet the team
The team of medical and clinical negligence solicitors at DMH Stallard provides a supportive, first-class service to clients who – through no faut of their own – find themselves exposed to an unfamiliar and daunting legal process. Our senior solicitors have more than four decades of combined clinical negligence experience, dealing regularly with complex, high-value claims.
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