Bringing a claim will not put individual doctors out of pocket if they are employed, because their employer, or their own insurance, will indemnify them. This may be different in certain circumstances, for example when the treatment is question has been obtained from a private doctor.
You can make a complaint about your doctor or hospital treatment via the NHS complaints procedure, or to the General Medical Council (GMC) or Nursing and Midwifery Council (NMC).
Writing a complaint is often the first step we advise, because reviewing the Letter of Response can be useful in evaluating the merits of the potential claim. If you need help making a complaint, a medical negligence solicitor can help you fill out the form and guide you through the process.
When your solicitor has all your medical records they will usually instruct independent experts to prepare detailed reports into the care you received. The reports form the basis of the case. The medical expert is there to support the legal expertise of your solicitor, supporting your claim with medical knowledge and facts.
At Tees, we only instruct trusted independent experts and we have spent many years building contacts with recognised and leading medical professionals. All of our independent experts are experienced in medico-legal work and can review your medical care impartially. Their duty is to the Court and not to those who may instruct them, given that they remain impartial.
A medical negligence claim is a claim brought in circumstances where a medical professional has made a mistake or their care has fallen below the minimum acceptable standard, which has caused you injury or worsened your condition.
To make a successful medical negligence claim, you need to prove the medical care you received was negligent (the doctors or medical professionals did not do their jobs properly) and caused you injury or loss. Legally, this is known as proving breach of duty and causation.
To prove breach of duty, your medical negligence solicitor needs to prove that the care or treatment you received fell below the standard expected of a reasonably competent clinician.
To prove causation, your medical negligence solicitor needs to show that the breach of duty caused you harm or injury. This can often be difficult, particularly in situations where someone was already ill or suffering from a medical condition.
If you think you may have a medical negligence claim it is important to contact us as soon as possible. If, following our investigation, we consider that there is a strong enough case to bring a claim we will arrange a meeting with you to discuss funding the claim and to take a witness statement.
Once we have all the medical records, we will instruct independent experts to prepare detailed reports into the care you received; these will form the basis of the case. We will gather evidence as to the damage you have suffered and the impact this has already had on your life, and may continue to have into the future. We always seek to conclude cases without the need to go to Court where possible, in order to reduce the stress on you and the time taken to reach a resolution.
Preparing a medical negligence claim involves a great deal of work, including obtaining and reviewing medical records, instructing experts, reviewing their reports, gathering evidence as to any losses you have suffered and preparing detailed witness statements.
In straightforward cases we may be able to conclude your claim within 12-18 months, however in more complex cases the time taken to settle a claim can be significantly longer. The time taken is necessary to make sure your claim has the best chance of success and achieving the outcome you deserve. Your medical negligence lawyer will keep you regularly updated throughout the process.
During the course of your case you will receive regular progress updates. Usually, your involvement in the claim will include:
Yes, if travelling is difficult for you we are happy to meet you wherever is most convenient. We are able to visit several times, as needed, to give you time to tell us what happened, to take your witness statement and discuss the ongoing progress of your case.