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Our Medical Negligence Solicitors in and around Exeter have a strong record of helping individuals who are victims of medical negligence in hospitals around Exeter get deserved compensation. Our lawyers are experts in clinical negligence compensation claims and over the years have secured huge compensation payouts for persons who have suffered several forms of medical negligence.
We do our very best to ensure that our clients are well supported and have a stress-free claims process. We give our clients a strong legal representation and help them access medical and rehabilitative care that is vital for their recovery.
Our medical negligence claims are handled on a No Win No Fee basis which means that clients do not have to put off seeking justice for negligent treatment because of fear of legal fees. Actually, under our No Win No Fee Policy, clients do not have to pay us a penny for our work until the case is won and if the case is unsuccessful, they are also protected from paying a dime through the “After The Event” insurance cover. We therefore encourage you to reach out to us soonest to begin your medical negligence claims at no cost.
Medical Negligence Definition
Medical negligence also known as clinical negligence defines a situation where a medical professional fails in his duty of care towards a patient under his care causing harm, injury, trauma or worsening the patient’s already existing medical condition. It refers to actions or inactions that are well below acceptable standards of medical practice and therefore not expected from a qualified healthcare provider.
These may come in the form of misdiagnosis, treatment delay, surgical errors and mistakes in prescribing medications.
How Do I Choose A Medical Negligence Solicitor To Handle My Claims?
There are many Medical Negligence Solicitors around but it is important that you choose the right solicitor to give you the best possible legal representation. We encourage you to look out for Solicitors who are accredited by a recognized professional body such as the Action Against Medical Accidents (AvMA) Panel and The Law Society’s Clinical Negligence Panel.
Alternatively, you can also look them up on The Law Society’s Solicitor Database. Also, you may also look at their reviews to have an idea of what former clients have to say about them. Additionally, you can also look out for their success rates. It is important that you choose a lawyer who has a strong record of winning cases rather than just choosing a lawyer because he is close to you.
Our medical negligence lawyers in Exeter are recognized and accredited with reputable professional bodies. Therefore, you do not have to worry.
Forms Of Medical Negligence
Medical negligence compensation claims can be made for various forms of negligent treatment. It is important that potential clients are made aware of what constitutes negligent treatment in medical practice. Our medical Negligence Solicitors in Exeter are able to represent you or your loved ones if you have suffered any of the following acts of negligence which has caused you harm or trauma while in any health facility in the Exeter area. They include;
- Medical Misdiagnosis
- Completely failing to diagnose a medical condition
- Delay in making diagnosis
- Failure to warn you about the risks of a particular medical treatment or procedure
- Failing to get your informed consent before carrying out a particular procedure.
- Wrong or delayed treatment which can be disastrous
- Errors in drug prescription
- Failure of your healthcare provider to recommend further tests when necessary
- Failing to refer you to a specialist for further assessment
- Mistakes on the operating table including mistakes with administration of anaesthesia.
- Infections to injury due to lack of proper care and medical attention
- Nerve damage during dental procedures or other surgical procedures
- Medical Negligence before, during and after childbirth causing harm to mother and/or child
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Medical Negligence Claims Cases We Handle In Exeter
Our Exeter medical negligence solicitors have the expertise to handle the following medical negligence claims;
- Surgeon Negligence Claims
- Ovarian Cancer Misdiagnosis Claims
- Meningitis Compensation Claims
- Misdiagnosis Claims
- Birth Injury Claims
- Brain Injury Claims
- Care Home Negligence Claims
- Cauda Equina Syndrome Negligence
- Orthopaedic Negligence Claims
- Dental Negligence Claims
- Cosmetic Surgery Negligence Claims
- Forceps Delivery Negligence Claims
How Do I Prove My Medical Negligence Claim?
To prove a case of medical negligence, it is important to establish the following:
- That the medical professional had the responsibility to care for you or your loved one
- That the medical professional failed in the discharge of such duty of care
- And that in breaching such duty of care, you suffered harm, injury or your loved one died.
Our team of NHS Solicitors in Exeter will give you the legal advice you need to make NHS claims and also assist you gather documents, information and facts which will be used as evidence to support your claims. These documents include;
- Your personal statements about what happened- the doctors who attended to you, what you perceived to be negligent treatment, injury suffered and how you have been affected.
- Medical records including Tests and Scan results.
- Statements from witnesses
- Evidence of financial losses as a result of the unfortunate incident
- Medical Reports from an independent medical expert after proper medical examination
NHS Negligence Complaints Procedure
Prior to making claims, you may wish to make complaints to the NHS about the quality of care you received. Complaints provide an avenue to express your displeasure over what you feel is a negligent act from your healthcare provider.
An official of the NHS Patient Advice and Liaison Services (PALS) service can guide you with the modalities for making complaints to the NHS. These complaints should be made within 12months of suffering the negligent care
If you are not satisfied with the outcome of your complaint, you can proceed to the Parliamentary and Health Service Ombudsman (PHSO)-an independent body from the NHS and the government who will make further investigations into the matter. Complaints can only be made to the Ombudsman after the complaints have gone through the first stage.
It is important to express yourself totally, how you feel about the treatment received, the healthcare practitioner involved as well as detailed timeline of events as they happened.
Procedure For NHS Negligence Claims
- Suing the NHS for medical negligence compensation requires that you speak with your lawyer who specializes in clinical negligence claims to guide you through the process. Your lawyer will listen to you and determine if you have a valid claim for medical malpractice.
- You will also need to fund your claims through one of several medical negligence claims funding types available. Your lawyer will help you decide on a suitable type of funding for which your claim is eligible.
- Furthermore, your lawyer will contact the other party and inform them of your decision to make claims against them. Your lawyers will also request access to your medical records and help you gather as much evidence as will be needed to prove your claims.
- The next step will involve getting the defendant to accept wrongdoing and then both parties can negotiate a favorable compensation amount for the victim.
- However, if both parties fail to agree on a settlement fee or the defendant denies liability, then the case will be handled by a judge.
Majority of the cases we handle are settled swiftly and do not go to court. Actually, according to the NHS only less than 2% of claims end up in court.
How Much Compensation Will I Receive For My Claims?
Compensation values are not fixed. They vary with each case. However, our lawyers can give you a range of what you can expect using the medical negligence solicitor. Determinants of compensation values include:
- The severity of injury
- The type and location of injury
- Period of time required to make full recovery
- Effect of harm on quality of life
- Accommodation adjustments
- Loss of earnings
Medical Negligence Claims Time Limit
You would normally be allowed three years from the date of the negligent treatment or from the date of knowledge to make a claim. Where a child is involved, the child would have up to the 21st birthday to make a claim. The three-year time limit is also relaxed in cases where the victim is incapacitated and unable to make claims on his/her own.
No Win No Fee Medical Negligence in Exeter
We believe in the right of every individual to seek and get a deserved justice for harm done to them as a result of medical negligence. We do not want you to be afraid of legal fees as we undertake the majority of our negligence claims cases under our No Win No Fee Policy. By this, you do not owe us a penny even if the case is unsuccessful.
However, an agreed percentage (25%) of the compensation value is then deducted as success fees if the case is successful.