- Medical Malpractice Claims
If you've suffered as a result of medical malpractice, we're here to help. As the UK's leading clinical and medical malpractice law firm, we know how we can make a positive difference in your life. Our experienced medical malpractice attorneys take the time to understand what you're going through and help you get the answers and compensation you deserve.
What is medical malpractice?
Medical malpractice occurs when healthcare professionals make mistakes or fail to perform their duty of care, resulting in injury or worsening of an existing condition. There are many causes of medical malpractice, such as: B. wrong diagnoses, wrong treatments or surgical mistakes.
How is a medical malpractice claim made?
The first step in filing a medical malpractice claim iscontact usAs quickly as possible. We offer a free initial consultation where we can tell you if we think you have a case and how much compensation you can ask for.
By contacting us in advance, we can start working on your case while you still have the details fresh in your head. If the NHS or private healthcare provider concerned admits responsibility early on, we may be able to receive temporary compensation payments to help you with your rehabilitation. Interim payments are made prior to your final statement and can help with some of the immediate medical and living expenses you may incur.
What are the deadlines for asserting medical malpractice?
Generally, you must file a medical malpractice claim within three years of learning that you received negligent treatment (you may not realize it immediately, but only after your injury or illness has worsened) .
However, there are some exceptions to this rule:
- Kinder– Medical malpractice claims involving a child can be made at any time before your child turns 18. The three-year rule applies from your child’s 18th birthday, meaning that the application must be submitted before your child’s 21st birthday.
- mental capacity– If a person is unable to make a claim themselves, there is no time limit for filing a claim.
How long do medical malpractice claims last?
The time it takes to resolve a case of medical malpractice depends on several factors; What matters most is the seriousness of your injury and whether the NHS or responsible private healthcare provider accepts the blame. While our goal is to resolve medical malpractice claims within a few months, the most complicated cases can take several years to resolve.
Can you file a medical malpractice claim with no cost or gain?
We file most medical malpractice claims in ano profit, no feeBase. This means you pay nothing up front and only pay if your claim is successful*.
If you win your case, your opponent pays most of your legal fees and the rest comes from your settlement. We will keep you updated throughout your claim so you know how much compensation you could be awarded.
Why choose us?
We have decades of experience handling medical malpractice cases and specialize in areas such as birth injuries, orthopedic injuries and cancer misdiagnosis claims. We seek expert advice on your care needs and ensure your compensation helps you access the support you need to enjoy the best possible quality of life.
Our medical malpractice attorneys understand what you are going through and can help you access specialized rehabilitation and support services to help you in your recovery. We know that in addition to compensation, you also want to know why something went wrong, and we'll help you get the apologies and answers you deserve.
Legal 500, the UK's largest independent legal research, published this review of our medical malpractice team: “Irwin Mitchell's team is friendly, professional and helpful. Being able to reach it 24/7 made me feel at ease for a full 5 years, this allowed things to run smoothly and I felt guided by someone who knew all the details of my case. Every interaction I had with the team was friendly and informative, providing me with all the information I needed throughout the case without getting in my way.
"Irwin Mitchell made me feel that my case wasn't about money or fees for her, it was about justice for the client." -Legal 500, 2023
Chambers & Partners, another leading independent information source in the UK legal market, also commends our medical malpractice team: "Irwin Mitchell went above and beyond what was asked of him. Compassion and empathy at a very challenging time." - Chambers and Partners, 2023.
Call for a free initial consultation on your clinical negligence claim0800 121 6567Öcontact usonline and we will get in touch with you as soon as possible.
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Medical Malpractice Claims: How Our Attorneys Can Help You
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What is medical malpractice?
Medical malpractice is a breach of a healthcare professional's or organization's duty of care to their patients. Unfortunately, medical malpractice can often result in injury and illness, or make existing conditions worse.
There are several ways medical malpractice can occur, including:
- Failure to warn you about the risks associated with your treatment
- Failure to obtain your consent to have an operation performed
- Delay your referral to a specialist
- Not diagnosing your health condition
- Late diagnosis (despite earlier symptoms)
- prescribe the wrong medication
- Don't do your surgery carefully enough.
If you have suffered medical malpractice, our attorneys can help you make a claim. For more information on how we can help, please contact us at0800 121 6567.
Who Can Claim Clinical Negligence?
Our medical malpractice lawyers can help you make a claim if you have been injured by NHS Trusts, private hospitals, medical specialists, plastic surgeons, dentists, mental health professionals, nurses and other healthcare professionals.
You can also make a claim on behalf of a child, a mentally incompetent person, and a loved one who has died as a result of medical malpractice.
Claims on Behalf of Children
You may be referred to as a "friend in litigation" to bring a claim on behalf of a child who has suffered medical malpractice under the age of 18. A friend in litigation is usually a parent or guardian of the child and must be able to show that he or she can act fairly in the child's best interests.
Normally, any compensation awarded to your child will be paid to the court and deposited into an investment account. Your child may apply to access the award when they turn 18. Sometimes the court will pay you for small amounts, but you will be expected to put the money into a bank account for your child.
Claims for people with intellectual disabilities
You can help someone claim that they are unable to mind their own business. A person is generally considered defective if they cannot make informed decisions about their money, weigh the pros and cons of their decisions, or communicate clearly to make their decisions clear.
Claims for gross negligence
If you have lost a loved one who unfortunately died from medical malpractice, you can make a claim on their behalf.
We can help you with:
- Receive compensation for the pain and suffering of your loved ones to compensate for financial losses caused by their deaths and to cover funeral expenses.
- Represent you in the investigation
- Dependent Claims: We help you protect the estate not left in your loved one's will
- Get the answers and apologies you deserve.
Our solicitors can also help you obtain a Statutory Survivor's Compensation, a payment of £15,120 payable if a wrongful death occurs. You can do this if you are the spouse, domestic partner or parent (under the age of 18) of the deceased.
If you wish to make a complaint, contact us today at0800 121 6567.
What can medical malpractice compensation do?
Compensation's role is to make your life that little bit easier by making sure you get the support you need to enjoy the best possible quality of life. Our top priority is your health, so we make sure you have access to care and support for your individual needs.
When calculating the compensation due to you, we consider factors such as:
- Content– including travel expenses for medical appointments, medical equipment and everyday necessities.
- lost profit– to cover time off work and time off you may need in the future. This value can also cover problems, e.g. B. not being able to return to the same position or not being able to return to work.
- other treatments– to pay for other surgeries or medical procedures you need after negligent treatment.
- adjustments–at your homeand vehicle that can help you live independently.
- care costs– to fund past and future home care visits and rehabilitation treatments.
Your compensation will also take into account any unnecessary pain and suffering you may have suffered. The nature and severity of your injury or illness and your chances of a full recovery will also be considered.
The amount of indemnity guaranteed for medical malpractice claims varies from case to case, as two clients with the same injuries can have vastly different circumstances.
If you wish to make a claim, please contact us to arrange a free initial consultation0800 121 6567.
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All Scottish cases are handled by the Scottish law firm that we are affiliated with,Irwin Mitchell Scotland LLP. Funding law is different in Scotland and you will receive separate advice on what this means and a separate Funding Agreement.
*In order to make a no-win-no-fee claim, you must have a contract that is accompanied by an appropriate insurance policy. We will explain this in more detail before you start your complaint.
Founded in Sheffield in 1912, Irwin Mitchell has always been a little different. Our consultants really know the people and companies we help.
This is what we call “expert hand, human touch”.
We have offices across the UK so our experts can help you wherever you are.
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