Psychological and Physical Injury After Medical Negligence
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Elline Demetriou
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No one goes for medical treatment expecting to be harmed, and doctors and nurses do not try to hurt their patients. However, harm can still happen. Sometimes this is because of known risks or complications, and sometimes it is because of negligent care or treatment.
How a medical negligence claim works
To win a medical negligence claim, the patient bringing the claim (the claimant) must prove two things. First, that the care they received was below the standard expected of a healthcare professional. Second, that this poor care caused their injury. Every case is different, even if the same treatment was involved. Proving one of these does not prove the other, so both must be established for the claim to succeed. You can read more in our guide to medical negligence claims.
Compensation
If a claim succeeds, the claimant may receive financial compensation. The aim is to put them back in the position they would have been in if the negligence had not happened. That is not always possible, especially if the injury is serious. Many people find it hard to set the impact of their injuries against a sum of money. There can also be a gap between what they feel they deserve and what the law allows them to receive. Specialist lawyers investigate carefully to make sure the full impact of the injury is understood and the right compensation is claimed.
Time limits
There are strict time limits for making a claim. In most cases a claimant has three years to start court proceedings. The three years run from the date of the negligence, or from the date they first knew their injury may have been caused by it, if that is later. For children, the three years run from their 18th birthday. Different rules apply to people who lack mental capacity. Making a complaint does not stop the clock. If you think you may have been harmed by medical negligence, take specialist legal advice as soon as you can.
Alternatives to going to court
Not everyone wants to make a legal claim. Patients can instead make a formal complaint to the NHS trust or private healthcare provider involved. The provider will review what happened and should give a detailed response. There are time limits for complaints too, so check the provider’s complaints policy. See our guide to the NHS complaints procedure.
Physical and psychological impact
Many medical negligence cases involve physical injuries. People can also suffer significant psychological harm because of what happened, and in some cases this has the biggest impact. Lawyers look at how both physical and psychological injuries affect a claimant’s daily life, work and relationships. A specialist psychiatrist may assess the claimant, give a diagnosis and recommend treatment. The reasonable cost of that treatment can be claimed from the defendant, so the claimant does not have to pay for it themselves. For an example of how psychological injury is valued in a claim, see our psychological injury case study.
Coping with trauma after medical negligence
For many people, the aftermath of medical negligence is as much an emotional ordeal as a physical one. A person may feel frightened, angry, shocked or unable to trust the professionals they once relied on for safety and care. Many people experience trauma-related symptoms, as the nervous system can stay in a prolonged state of threat and distress.
Psychological support can play a vital role in recovery. Evidence-based approaches include:
- Psychoeducation about trauma responses. Helping people understand symptoms such as hypervigilance, panic, mistrust, anger or emotional numbness as recognised trauma responses. This can reduce fear and self-judgement.
- Breath regulation, grounding techniques and distress tolerance skills. Coping strategies that create breathing space in moments of distress, such as slowing the breath, focusing attention on the present, and reminding oneself that strong emotions rise and fall.
- Compassion-focused approaches. Where people feel shame, guilt or self-blame, these approaches encourage them to challenge harsh self-criticism and treat themselves with more care.
- Acceptance-based approaches and values-based action. Helping people make room for painful feelings while gently reconnecting with what matters to them, such as health, family, independence or dignity.
- Narrative reconstruction. Helping people gradually organise, process and make sense of experiences that feel fragmented or overwhelming, often through talking, reflecting or piecing together what happened and its emotional impact.
- Graded exposure and assertive communication training. Rebuilding trust in healthcare professionals through small, supported steps: choosing clinicians carefully, bringing someone to appointments, and building the confidence to ask questions and set boundaries.
If you are in distress or feel unsafe, speak to your GP or call NHS 111. You can also call Samaritans free on 116 123, at any time.
Where to find support
Recovery can involve both understanding your legal rights and getting the right psychological support. Specialist legal advice and evidence-based psychological care can help with both the practical and the emotional challenges that follow medical negligence.
Legal support
If you are considering whether you have a medical negligence claim, or would like advice about your legal rights, you can contact Elline Demetriou and the specialist Medical Negligence team at Osbornes Law on 020 7485 8811, or complete our online enquiry form, for confidential legal advice.
Psychological support
If you are struggling with the psychological impact of your experience and would like professional support, you can contact Dr Patapia Tzotzoli at My Triage Network on 020 3095 1301 to arrange an assessment and evidence-based therapy.
Written by Elline Demetriou, Partner in the Medical Negligence Department at Osbornes Law, and Dr Patapia Tzotzoli, Clinical Psychologist and Founder of My Triage Network, with additional insight from Dr Sara Morgan, Clinical Psychologist and affiliate of My Triage Network.
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“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
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He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
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Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
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The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
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They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
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Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
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"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
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They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
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Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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