Helping rebuild your life after a clinical negligence injury

If you have suffered an injury as a result of clinical negligence, our priority is making sure you get the best outcome and we are here to help you get the answers, support and compensation you need to help rebuild your life.

We understand how difficult it is to bring a claim when you are living with an injury or illness but you can be assured our team of experienced clinical negligence solicitors will provide you with expert legal advice and guidance every step of the way and also provide much needed practical and emotional support as part of our service when we assist with clinical negligence compensation claims.

We also understand how important it is to our clients to ensure healthcare providers learn from your experience. Our broader determination, alongside your clinical negligence claim, is to support the NHS and other health care providers to actively improve patient care and safety for others by ensuring recommendations are implemented to minimise the chances of similar clinical negligence occurring again to someone else.

What is a clinical negligence claim?

Regardless of whether your healthcare was provided by a private organisation or the NHS, it must be of a reasonable standard. Sadly, mistakes do happen and mistakes in medical treatment are termed clinical or medical negligence. Mistakes can occur during any stage of the care process during diagnosis, treatment, surgery or aftercare, and commonly include misdiagnosis, delayed diagnosis, incorrect treatment and surgical errors. A clinical negligence claim for compensation may be possible when these mistakes lead to an injury or worsen an existing condition.

Types of clinical negligence claims

Why choose us as your clinical negligence solicitors?

Our team of specialist clinical negligence lawyers has been hand-picked for their specific skills and technical competence in the area of clinical negligence claims. Reaching a successful outcome demands not only expert clinical negligence law knowledge but also an understanding of how the NHS and medical defence organisations arrive at settlement decisions.

Our clinical negligence team includes lawyers qualified in medicine and nursing with practical experience of working in hospitals, including orthopaedic surgery, hospital medicine, anaesthetics and intensive care. This unique blend means that we’re ideally placed amongst clinical negligence firms to offer truly specialist advice and support on both a legal and practical level.

How can we help?

With a proven track record of successful clinical negligence claims and achieving the maximum possible amount of compensation for our clients. You can be assured of receiving expert representation from our clinical negligence lawyers who are considered leaders in the field of clinical negligence law.

As one of the UK’s most experienced clinical negligence law firms, we pride ourselves on working closely with our clients and their families, ensuring you are at the heart of the process and fully engaged in the decision making. We will guide you sensitively through the litigation process making what can be a stressful experience much easier to handle, whilst proactively progressing your compensation claim and maximising any compensation award.

We will ensure that you consistently receive the best practical support and legal advice needed to help you deal with the effects of clinical negligence and any resulting injury, and any other associated concerns.

We are here to support you and can help you to receive financial assistance to lessen or alleviate any financial hardship resulting from your injury. We will seek interim payments on account of damages at the earliest opportunity as soon as liability has been admitted.

Our dedicated Community Care team can also support you during the litigation process to gain access to all appropriate Health and Social Care support.

We will also ensure you receive appropriate advice in relation to any benefits that may be payable and for any other concerns you may have.

Clinical negligence claim FAQs

The first stage is to contact us for a free initial consultation with one of our clinical negligence specialists. We will assess the information related to what happened to you and advise you if you have a claim. Where possible we will provide a broad estimate of the compensation that is likely to be awarded if your claim is successful. We will then talk you through the process and what to expect at every stage.

As every clinical negligence claim is different, the steps involved can vary slightly, depending on the response to the claim from the other party involved.

Our initial discussion with you is to talk about your injury and the circumstances that led to it and to see if you have a claim. We will also talk about the funding options to pay for your claim, including a no win no fee agreement.

We’ll write to the health provider responsible for your injury at an early stage to see if they accept responsibility for your injuries. If they do, we will secure an interim compensation payment to help pay for care and any other immediate needs.

Your relevant medical records will be obtained to confirm our view of your case, following which we will instruct independent medical experts who will assess what mistakes were made and what injuries these resulted in. They will also advise on any further treatment required or that would be beneficial. Along with our various experts, we will work out the amount of compensation you will need for your recovery and rehabilitation.

A formal Letter of Claim setting out the allegations of negligence and the injuries sustained will be provided to the defendant as early as possible and they will be given time to respond. If they admit liability for the clinical negligence at this point, then we can usually work towards a compensation settlement without the need for the claim to progress any further. If they don’t accept responsibility or disagree on the amount of compensation, we feel you need, then court proceedings will be required.

This is not uncommon and even if the claim has to be issued in the court, the vast majority of cases will settle before a trial, which remains the exception. In the unlikely event that the case does require a court hearing, Moore Barlow will provide all of the support that you need at every stage.

Most of the work we carry out for our clients tends to be funded through a no win no fee agreement but there are a number of different funding options available that we can discuss with you. We will advise you of the most appropriate form of funding that will not expose you to financial risk or worry.

You may already have legal expenses cover under an existing insurance policy (many household policies will contain this) or via a trade union membership and these are always worth checking first. If a no win no fee will provide the best support, then we will explain this fully but there will be nothing to pay unless your claim is successful and you receive damages.

There is a three-year time limit for starting a formal clinical negligence claim in court. The three years runs from the date of your injury or from the time you knew your injuries had been caused by the medical treatment you received. There are two exceptions to this rule:

  • For children the three years will run from the child’s 18th birthday so a claim must be started before they turn 21.
  • For people who lack the mental capacity to bring a claim themselves, there is no time limit.

However, it is always best to begin an investigation as soon as possible while memories are still relatively fresh and evidence more readily accessible.

With our expert team based across our offices in London, Richmond, Southampton, Guildford, Lymington and Woking, we’re ideally placed to offer specialist support and advice both locally and nationally.

If you would like to find out more or discuss your claim, please contact Anne Cassidy.

Factsheet

View our “clinical negligence” factsheet.

Chambers and Partners, 2021 I was impressed with the way the consultation was conducted, giving me the pros and cons of litigation.
Chambers and Partners, 2021 businesslike approach alongside a clear ability to understand and fully support their clients in difficult and stressful times.
Legal 500, 2021 Moore Barlow's 'excellent' clinical negligence team is skilled in handling the most complex catastrophic personal injury and medical negligence matters.
Legal 500, 2021 An excellent, small specialist team which is hugely experienced, particularly having done a lot of defendant work before doing claimant work, which is a huge advantage.
Legal 500, 2021 The London team are highly experienced, very well established, and provide an excellent service.