Medical Negligence – Can I make a claim?

If you have been to a doctor or nurse or anyone in the medical profession and are worried that they did not provide you with the right standard of treatment then we can investigate a medical negligence claim for you.

The legal definition of medical negligence (also known as clinical negligence) is very strict. You must prove the following two conditions:

  1. Liability – you will have to prove that the Doctor or Nurse provided you with treatment below the standard that a similar professional would have done.
  2. Causation – that negligence has caused your harm. The harm would not have otherwise occurred if the correct medical treatment had been provided to you.

The case will fail if other doctors state that they would have done the same or that treatment was one of a range of options of treatment available to you. Even though at the end it may have not been the best option, if it was a reasonable option available at the time then the case will not succeed.

The time limit for making these cases is 3 years from the date of knowledge that the treatment was negligent. This could be the exact date of the treatment or you could find out that it was negligent later. For children then have until their 21st birthday to start a claim for medical negligence. If someone dies as a result of medical negligence then their family have 3 years from the date of the death to pursue a claim.

If you suspect there may have been negligence then you should contact solicitors straight away. These cases are run on a no win no fee basis. Once we have taken full details from you we will apply for your medical records. A formal Letter of Claim is then sent to the Hospital Trust or Doctor alleging negligence. The Defendant then has 4 months within which to either admit the negligence or deny it giving reasons. If liability is denied then medical evidence is obtained to determine whether negligence did occur.

If it can be proved that negligence did occur then we would claim compensation for both injury and financial losses caused as a result.

At Nayyars we are experts in dealing with clinical negligence claims and deal with such cases in a confidential and sympathetic manner.

If you would like to speak to us please call 0161 491 8520.

Ayesha Nayyar

Principal Solicitor

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