When medical care goes wrong, the impact can be life changing. You may be left dealing with pain, further treatment, loss of earnings, uncertainty about your future, or the loss of a loved one.
Not every poor outcome is the result of negligence. Medical treatment can involve recognised risks. However, if the care you received fell below an acceptable standard and caused avoidable harm, you may be able to bring a medical negligence claim.
Havard Law Solicitors helps patients and families understand whether they may have a claim following poor medical care. We can review what happened, obtain the relevant records, arrange independent expert evidence and guide you through the process in clear, practical terms.
What is a medical negligence claim?
A medical negligence claim is a legal claim for compensation where a healthcare professional or organisation provided care that fell below an acceptable standard and caused avoidable harm.
Claims can be brought against NHS providers and private healthcare providers. This can include hospitals, GP practices, dentists, clinics, care providers and individual healthcare professionals.
To bring a successful claim, it is usually necessary to show two things. First, that the care provided was negligent. Second, that the negligence caused harm that would otherwise have been avoided.
This means medical negligence claims often require careful investigation and independent expert evidence.
When might you need help?
You may need legal advice if you believe poor medical care caused injury, made an existing condition worse, delayed your recovery, or contributed to the death of a loved one.
Medical negligence claims can involve misdiagnosis, delayed diagnosis, surgical errors, poor post operative care, birth injuries, medication errors, failure to refer, failure to investigate, dental negligence, lack of informed consent, pressure sores, falls in hospital, poor monitoring, neglect in care settings or failure to act on warning signs.
You do not need to be certain that negligence occurred before seeking advice. Many people simply know that something went wrong and want to understand whether the outcome could have been avoided.
What can compensation cover?
Compensation is intended to reflect the effect the negligence has had on your life.
This may include compensation for pain, suffering and loss of amenity, which means the impact on your day to day life, independence, hobbies, wellbeing and ability to do the things you previously enjoyed.
A claim may also include financial losses. These can include lost earnings, private treatment costs, rehabilitation, care provided by family members, professional care, travel expenses, aids, equipment, adaptations and future losses where the injury has long term consequences.
In fatal cases, claims may be available on behalf of the estate and, in some circumstances, dependants. The nature of the claim will depend on the relationship to the person who has died and the losses suffered.
How Havard Law Solicitors can help
Medical negligence claims can feel daunting, particularly when you are already dealing with the physical and emotional impact of what happened.
Havard Law Solicitors can help by listening to your account, giving an initial view on whether a claim may be possible, obtaining medical records, instructing independent medical experts, preparing the claim, dealing with the healthcare provider or insurer, and negotiating settlement where appropriate.
We will explain the process in plain English and keep you updated at each stage. Where a claim is complex, disputed or high value, we can help you understand the evidence, risks, timescales and next steps.
We can also assist with related issues, including NHS complaints, fatal accident claims, interim payments where liability is admitted, care and rehabilitation needs, and cases where human rights issues may arise.
Case study: hospital fall and fatal injury claim
Havard Law Solicitors acted for a family after their father was admitted to hospital with a suspected infection and suffered a serious fall while under hospital care.
The fall caused significant injuries. Sadly, the patient passed away not long after his hospital admission.
The hospital’s own investigation identified failings in the care provided. The risk assessment carried out by staff was incomplete, and important factors such as confusion and mobility difficulties had not been properly taken into account. As a result, the patient was not given the level of supervision he needed.
The hospital admitted that the standard of care had fallen below what was expected and that this failure caused the injuries suffered. A formal apology was also issued.
The case involved several challenges. A Coroner’s Inquest was taking place at the same time as the civil claim, which meant some records were withheld and progress had to be carefully managed around the inquest timetable.
A Grant of Probate was also required before the claim could formally proceed on behalf of the estate. This added further legal work and had to be dealt with before the claim could move forward.
Valuing the claim was complex. The period of suffering was limited, but the injuries and circumstances were serious. This required careful analysis of the evidence and how courts approach cases of this nature.
There were also conflicting accounts from hospital staff about the circumstances of the fall, together with protracted negotiations with the hospital’s legal team.
Despite these challenges, Havard Law Solicitors secured a settlement for the estate. The case was handled on a no win, no fee basis, meaning the family did not face financial risk in bringing the claim.
Evidence that can help your medical negligence claim
The evidence needed will depend on what happened and the harm suffered.
Helpful evidence may include medical records, hospital letters, GP records, photographs, appointment records, prescription information, complaint correspondence, witness accounts, inquest documents, care records, financial loss evidence and notes about symptoms, treatment and recovery.
In many cases, the key evidence will come from the medical records and independent expert reports. These help establish what care was provided, whether it fell below an acceptable standard, and whether that caused avoidable harm.
Do not worry if you do not have all the evidence at the start. Havard Law Solicitors can explain what records may be needed and help obtain the relevant documents.
Speak to our medical negligence team
If you believe you or a loved one may have been affected by medical negligence, it is sensible to get advice as early as possible. Time limits apply, and early advice can help preserve evidence and clarify your options.
To speak to Havard Law Solicitors, call 0151 556 1234 or email info@havardlaw.co.uk with a short summary of what happened, who was involved, when the treatment took place and any documents or correspondence you already have.
A member of the team can review the information and explain the next steps in clear, practical terms.
