Clinical negligence is when a doctor, dentist, nurse or other medical professional causes physical injury or mental harm which ought not to have occurred if relevant professional standards were met. This can occur due to a range of factors such as misdiagnosis, incorrect treatment or surgical errors. In such cases, you may be entitled to compensation for the impact of such negligence on you as well as redress for any financial consequences.
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Those who experience such negligence will often do so at an already stressful time, and the effects will not only add to this but can be quite devastating. At Jackamans we appreciate that a client in this situation needs sympathetic, compassionate and prompt advice. Where a claim is possible, we shall investigate this for you and advise you on the prospects of success with a claim. Equally important, we shall also indicate when we believe it is not realistic to proceed with a claim, explaining fully the reasons why.
In appropriate cases, we aim to obtain a realistic settlement for you as quickly and efficiently as we can and, where possible, without recourse to the Courts. We have considerable expertise in assisting those who have suffered injury or financial loss as a result of errors in medical or dental treatment and have many years’ experience in handling Clinical Negligence cases. We have successfully settled claims ranging from less serious injury to those of the utmost severity.
We are happy to offer you a 30 minute free interview to discuss your claim and to provide you with the initial advice that you will need and you are under no obligation to proceed. We also offer home visits if you are elderly, infirm or disabled.
All clients are unique and the impact of any medical error on them is as unique as they are. We shall work with you to fully understand how you have been affected by any error and build a compensation package based on that. In general terms, we shall be seeking damages for the financial cost you have experienced, and may do so in the future. This may include loss of earnings and the cost of necessary remedial or rehabilitation treatment. There will also be an award to reflect the “pain, suffering and loss of amenity” being experienced. Awards typically start in the tens of thousands and, in the more significant cases, can run into millions.
The usual period for bringing a claim is 3 years from the date of any negligence, although this is extended in some instances. Where it involves a child, the 3 years only starts when they reach 18. However, the more time that passes from the negligence, the more difficult it may be to obtain the necessary evidence to support a claim. It is therefore important to consider a potential claim as soon as you can.
Legal costs can be a critical factor in bringing a claim. However, as with the amount of compensation, the amount of costs involved in bringing a claim, and who will be responsible for them, differs from case to case. We believe it is vital that clients are given a very clear understanding of the cost implications to ensure a properly informed decision as to each stage of a claim can be made. Accordingly, at our first meeting, we will normally discuss the potential cost options and consequences with you and then keep this under active consideration as any claim proceeds. We shall also look at the possibility of a Conditional Fee (or “no win no fee”) Agreement, or utilising any pre existing Legal Expense insurance in appropriate cases.
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