Medical Negligence

If you are looking for advice about medical (sometimes called clinical) negligence, our specialist lawyers are here to guide you through your available options.

In the UK, millions of people are treated successfully by the medical professions every year. However, sometimes things go wrong, causing injuries which could and should have been avoided.

Expert legal advice when you need it

If you think you have experienced medical negligence, that’s when you need the help of one of our specialist medical negligence solicitors. Our team can help you by talking you through your options and if appropriate, investigate the case to try and achieve the appropriate amount of compensation for what went wrong.

At Wilkin Chapman solicitors, our experienced medical negligence lawyers are experts in helping people through the claims process and have helped hundreds of people receive compensation.

We can talk you through the details of the potential case in order to fully understand the situation, and then advise on a course of action.

Types of medical negligence claims

Whilst every potential case is different; we are typically involved in the following types of claims:

  • Brain injury;
  • Birth injury (to mother and baby);
  • Pregnancy/termination/sterilisation;
  • Missed pre-birth conditions/defects;
  • Spinal injuries/Cauda Equina;
  • Surgical/medical errors;
  • Orthopaedic cases;
  • Amputations;
  • Eye claims;
  • GP complaints;
  • Claims against care/nursing homes;
  • Cosmetic injuries;
  • Cancer (missed/delay in diagnosis and treatment);
  • Delay in diagnosis/treatment;
  • Misdiagnosis;
  • Military medical negligence

Making a claim

To succeed in making a claim, it has to be proved that the treatment provided fell below a “reasonable” standard of care and also that this treatment caused an injury and in some cases financial loss and/or expense which would otherwise have been avoidable. This is often referred to as “breach of duty”, “liability” and “causation” and all aspects have to be proved. This comes from independent medical expert evidence, and it is on this evidence that a case would be based on.

There is a time limit of three years to make a claim. This is taken from when the injury occurs, or when someone ought to reasonably know of that injury occurring if that is later.

Children have three years from their 18th birthday to make a claim, if the injury happened whilst they were a child. Sometimes, there is no time limit at all, if for example the injury causes significant brain damage so it can be said the person “lacks capacity”. With cases involving a death, the time limit is three years from the date of the death.

By making a claim, we mean being in the position to issue and file the necessary documents at Court to begin the claim if so advised. It does not mean just contacting a solicitor within this time. This is why it is important to seek advice as soon as possible.

Funding

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There are various funding options available in medical negligence cases. We can discuss these with you to see what is available and what would be appropriate.

Legal Aid is still available, but only in limited circumstances of brain injury occurring to a child either during birth or shortly after.

Our Lincoln office is one of the three solicitors’ firms in Lincoln who provide legal aid for medical negligence cases. Find out more on our legal aid page

The Law Society's Clinical Negligence Accreditation Scheme

Jonathan Baker is Accredited to the Law Society's Clinical Negligence Accreditation Scheme, which covers all work undertaken by solicitors and suitably qualified Fellows of the Institute of Legal Executives (FILEX) arising out of any act of negligence, breach of contract and/or statutory duty as a result of which the victim has sustained injuries in the course of medical or dental care.

The need for this scheme is for victims of negligence. As a member we have shown, to the satisfaction of the Law Society, that we have and will maintain a high level of knowledge, skills, experience and practice in the area of clinical negligence.

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