Medical Negligence Solicitors
Medical Negligence Claims
If you have been injured due to a medical accident, you will want help getting your life back on track. That means help from a medical negligence lawyer you can trust.
Stephanie Prior Partner
Medical negligence solicitors in London
We all expect the highest level of care from our healthcare providers. Sadly, mistakes do happen that cause harm to patients. In some cases, treatment is so poor that it may be deemed as medical negligence. If this is the case a claim for compensation can be pursued. The following pages will answer all of your questions including how to bring a claim for medical negligence against the NHS or private clinics, the claims process and what you can expect from your medical negligence lawyer. You will find out more about our expert lawyers and their experience. You will also hear from some clients and families that we have been able to help.
Helping individuals and families for nearly 50 years
Medical negligence claims can be complex and require a specialist lawyer. Osbornes Law has been helping individuals and families for nearly 50 years. Our medical negligence lawyers are accredited by and are members of the leading charity campaigning for patient safety and justice, Action against Medical Accidents (AvMA). We are also accredited by the Law Society as experts in medical negligence. The team is led by Stephanie Prior who practiced as a nurse for many years before becoming a lawyer. Her experience in medicine and knowledge of the NHS is vital to our clients in securing our clients the correct level of compensation and on-going treatment and rehabilitation.
Our lawyers have helped clients pursue a medical negligence claim following:
If you have been affected due to poor medical treatment contact our London solicitors today and we will help establish whether you may bring a claim.
Medical Negligence FAQS
What is medical negligence?
Medical negligence, also known as clinical negligence, is where an injury is caused or an existing condition is made worse due to poor care provided by medical professionals. These include injuries that occur while being cared for by the NHS or private healthcare providers.
How do I make a medical negligence claim?
- Talk to us to help you understand whether you have a claim. We’ll meet you face-to-face before taking the case on. The appointment can take place at your home, in hospital or at our offices, whatever is best for you.
- Following our meeting, we’ll advise you about the prospects of success, the potential value of your claim and how long it will take. We’ll keep you informed of progress and consult you about all decisions relating to your case.
- You will need to provide us with as much information as possible, including the result of any formal complaints made to the NHS, police or other organisations.
- If we all agree that Osborne Law should take your case on, we will discuss the funding of your claim including whether to run your claim under a No Win No Fee agreement.
- We will assign a team to your case and ensure that you have direct access to a case worker who will keep you informed of the progress of your claim and consult you about all decisions relating to your case.
What types of medical negligence can I Claim for
- Medical misdiagnosis – where a condition gets missed and goes undiagnosed or when a diagnosis is wrong.
- Mistakes during surgery – includes incidents where the wrong operation was performed, infections caused by poor hygiene and cosmetic surgery that has led to disfigurement or scarring.
- Prescription errors – you have been prescribed the wrong medication, incorrect dosage or together with another drug that shouldn’t be taken together.
- Negligent clinical advice – failure to warn of risks including making alternative treatments clear so that you could make an informed decision.
- Pregnancy and birth injuries – sustained by mother or baby during pregnancy, while in labour or following the birth.
What is the time limit for medical negligence claims?
Medical negligence claims time limit
Medical negligence claims are subject to strict time limits which if missed, means you could lose the opportunity to pursue your case forever. This time limit is known as the limitation period.
We would recommend against judging the calculation of your limitation period without expert advice from a specialist solicitor.
The law governing the clinical negligence limitation period is set out in The Limitation Act 1980. In short, you must issue a Claim Form at Court within three years of the date of negligence or the date you first had knowledge of the negligence, whichever is the later.
Calculating the limitation period is fraught with complications so it is important to take legal advice as soon as possible, should you wish to bring a claim. There are particularly complex rules for assessing the “date of knowledge” of the negligence.
The three years can slip by quickly and delay increases the risk of losing vital evidence. We would therefore recommend consulting a solicitor ideally no later than 12-18 months after the incident of negligence, to avoid the problems which can be caused by delay and to give your claim the best chance of success.
Are there any exceptions to the medical negligence limitation period?
- If someone has passed away as a result of medical negligence, the limitation period is calculated to expire three years from the date of death of the injured person or the date of the Personal Representative’s knowledge, whichever is the later.
- The limitation period for any claim brought by a child (defined as those under the age of 18) does not begin to run until the date of their 18th birthday which effectively means that they have until their 21st birthday to issue court proceedings.
- Where the person bringing the claim lacks mental capacity, there is no time limit for issuing court proceedings. Assessing capacity is not always straightforward and solicitors have to tread carefully when determining whether their client lacks the capacity to make their own decisions or not.
- The Court has power to exercise its discretion to allow court proceedings to be issued outside of the limitation period, but this is reserved for exceptional cases and there are very specific criteria set by the courts to trigger the Court’s discretion to allow a claim to proceed out of time.
How long does a medical negligence claim take?
It is very difficult to exactly say how long a medical negligence claim will take from start to finish. It depends on the nature of your case, the complexity of your case, how long it takes to obtain all the evidence (medical records, witness statements, medical reports etc).
It also depends on the stance the Defendant takes. The NHS Trust’s will usually report to the NHSLA, the governing body of the NHS Trusts. A lot will depend on the attitude of the NHSLA and or the NHS Trust.
If legal proceedings are needed, they must be issued at Court no later than 3 years after the date of your injury or 3 years from the date that you knew that the treatment/care you received was negligent. This may happen at a later date, i.e. when you are seen by another specialist, who then diagnoses your injury and explains the cause of the injury to you and explains that it was related to previous medical care that you received.
How we can help
We can provide advice on any tertiary advice and assistance that you may require during the life of your claim. If the Defendant admits liability for your injury we can apply for an interim payment of damages on your behalf to assist in speeding up the litigation process.
How much compensation will I receive when making a medical negligence claim?
Medical negligence compensation can be claimed in the following forms.
The amount of general damages will depend on the severity of your injury, the effect it has had on you and how long it takes you to recover. We will need you to be seen by an independent medical expert so that we can obtain a medical report on your injury and its affects.
We need a medical report on the full effects of your injuries to enable us to calculate the value of your claim. If we have a medical report out assessment of the value of your claim will be more accurate than if we do not
The amount of special damages will depend on the expenses that you have incurred as a consequence of your injury such as travel expenses, prescription charges, the value of care provided to you by relatives/friends, any medical fees, loss of earnings, damaged possessions. It is helpful if you keep receipts of the expenses you incur as it will make it easier for us to prove your losses.
Past and Future losses can be claimed but interest will only be paid on past losses once proceedings have been issued on your behalf. Interest cannot be claimed on future losses.
If you were partly to blame for your injury, your compensation may be reduced to reflect your share of the blame. Although, this can but rarely happens in medical negligence cases.
Sometimes if a claim is disputed, the Defendant will offer reduced compensation as a compromise and to entice early settlement. If this happens, we will advise you on whether the reduced sum should be accepted, or whether your case should proceed to court.
The Defendant is under an obligation to repay to the government any social security benefits which you have received as a result of your injury up until the date of the compensation award.
The Defendant can deduct these from your compensation on a “like for like” basis. For example if you have claimed benefits from the state because of you were unable to work because of your injury a claim will be made on your behalf for your loss of earnings and any benefits paid to you by the state will be repaid on your behalf to the government by the Defendant and you will receive compensation for your loss of earnings.
How we can help
We can provide you advice on any tertiary advice and assistance that you may require during the life of your claim. If the Defendant admits liability for your injury we can apply for an interim payment of damages on your behalf. We can also assist you in obtaining receipts/proof of expenditure from third parties as part of your claim.
Will I have to pay to make a claim?
No. Your medical negligence claim may be funded by:-
- Conditional Fee Agreements (No Win No Fee agreements)
- Before the Event Insurance (BTE)
We offer Conditional Fee Agreement (No Win No Fee Agreement) and we can offer delegated After the Event (ATE) insurance with deferred premium (payable at the end of the case) to protect you against any adverse costs.
We use the Law Society’s approved Conditional Fee Agreement
We guarantee that you will not have to pay anything if we are unsuccessful in obtaining compensation for you. If this happens, we are paid nothing.
If your claim is successful, you may have to pay legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded to you and this includes the ATE insurance premium and IPT.
These guarantees only apply if you pursue your claim with us for as long as it has reasonable prospects of success, follow our professional advice and do not deliberately mislead us.
The deduction from damages
There are two elements to the deduction from damages:-
- A “success fee” to cover us for the risk of losing your case and being paid nothing.
- A premium for insurance to cover you against the risk of having to pay the other side’s legal fees or your expert fees and expenses.
We guarantee that the deductions will not exceed a maximum of one-quarter of your compensation.
The success fee is a percentage uplift on our normal fees to cover us for the cases we lose. It is not a percentage of your compensation.
The amount of the success fee depends how risky your case is. The riskier, the high the percentage uplift on our normal fees.
ATE Insurance cover
The insurance policy is to cover you against two risks:-
1. We will fund the experts’ fees and other expenses. If your claim is successful, then the other side will pay these expenses. If it is unsuccessful, the insurance company pays these fees for you.
2. If you reject a formal offer of settlement and then a Judge awards you the same amount or less, the normal rule is that you have to pay the other side’s costs from the date when you should have accepted the offer. However, if we advised you to reject the offer and you took our advice, then the insurance will pay the other side’s costs for you.
Remember that we guarantee that the success fee and the insurance premium combined will not exceed 25% of the compensation awarded to you.
If you have BTE insurance cover that provides cover for you for clinical/medical claims at the time of your injury, we can write to your insurers to request cover under such policy to investigate your potential claim.
Can I change solicitors?
Our Clinical Negligence team regularly receive calls from clients who have instructed other law firms asking the question – can I change my solicitor?
If you have a medical negligence claim but are not happy with the advice you are receiving we have specialist solicitors able to assist. Find out more about how to change your solicitor.
Contact our Medical Negligence Solicitors Today
Call us to speak with a lawyer 020 7485 8811
Email us Send us an email and we’ll get back to you
Client StoriesVIEW ALL
Severe abdominal pain prolonged due to failed surgery
Jodi Newton was instructed in a claim against London North West University Healthcare NHS Trust where our client suffered serious...Read more
Nerve injury following bowel surgery
Stephanie Prior was instructed in a claim against Luton & Dunstable University Hospital where our client sustained an injury to...Read more
Recent birth injury cases
Osbornes Law specialises in helping families who have suffered a birth injury. We have represented families who have suffered the...Read more
Recent fatal medical negligence cases
Osbornes Law specialises in helping families who have suffered a fatality due to inadequate medical care. Our specialist team is...Read more
Recent cancer misdiagnosis negligence cases
Osbornes Law specialises in helping families who have suffered due to a delay or missed cancer diagnosis. We represent clients...Read more
Recent Brain Injury Client Stories
Osbornes Law specialises in helping families who have suffered a brain injury as a result of medical negligence. Our specialist...Read more
Recent cerebral palsy cases
Osbornes Law specialises in helping families where a child has been diagnosed with cerebral palsy. We represent clients and families...Read more
Serious Injury Following TVT Surgery
Case Summary Our client, SG, attended her GP in December 2015 complaining of urinary symptoms including leaking when she laughed or...Read more
Likely settlement of £15-20 million for cerebral palsy...
A client who suffered cerebral palsy injuries at birth was awarded £200,000 as an interim payment in a claim against NHS...Read more
Wrongful birth claim successfully settled
Background Our client, J, fell pregnant in October 2015 and took the difficult decision to undergo a termination. She booked an...Read more
Five-figure Compensation for Cardiac Negligence
In this cardiac negligence claim, we were instructed by a 42-year-old Polish man who had attended the Accident and Emergency...Read more
6 Figure Settlement For Heart Attack Claim
In this cardiac claim, we were instructed by the widow of a 55-year-old man, who had complained of chest pain...Read more
Maternity claim for fatality following caesarean section
Stephanie Prior is acting for a gentleman whose wife died after she had a caesarean section. The claim is on...Read more
Stillbirth client story
Stephanie Prior is currently acting for a young woman who was admitted to hospital and left for significant periods of...Read more
Medical Negligence Case Study: Iron infusion cannula injury
Nick Leahy, Solicitor in Osbornes Clinical Negligence team recovered damages for his client who suffered an extravasation injury following an...Read more
Osbornes represent family of NHS employee
Osbornes Law is representing the family of a former NHS employee who suffered a painful death due to negligent hospital...Read more
Vulnerable man suffers stroke after carers fail to...
Grandfather who almost dies after ‘negligent’ care receives £900,000 settlement A grandfather who had a stroke and almost died when carers...Read more
Osbornes Successfully Settle Wrongful Birth Claim
Nicholas Leahy, clinical negligence lawyer at Osbornes Law has recently negotiated the successful settlement of a wrongful birth case. Our...Read more
Family In Cardiac Negligence Claim Against NHS Trust
Nick Leahy, medical negligence solicitor at Osbornes Law was instructed to pursue a cardiac compensation claim on behalf of the...Read more
Substandard care by GP
Stephanie Prior acted on behalf of J in connection with a claim relating to substandard care by her GP. The...Read more
Substandard Nursing Care
Stephanie Prior acted on behalf of Mr G DA in connection with a claim relating to substandard nursing care by...Read more
Failure to prescribe anti-coagulant medication proves fatal
Executor of the Estate of DS and another v James Paget University Hospitals NHS Foundation Trust The Clinical Negligence team...Read more
Stillbirth following water birth at home
Nicholas Leahy acted for a young woman who had a water birth at home and two midwives were allocated to...Read more
Surgical Negligence claim
The Clinical Negligence team at Osbornes Law have many years’ experience of representing patients who have been injured as a...Read more
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
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.
Medical Negligence Expertise:
- Birth Injury Claims
- Brain Injury Claims
- Cardiac Arrest and Heart Disease Claims
- Care Home Claims & Nursing Home Claims
- Cancer Diagnosis Claims
- Cerebral Palsy Claims
- Children & Medical Negligence Claims
- Cosmetic Surgery Claims
- Fatal Injury Claims
- GP Negligence Claims
Medical Negligence Accreditations
Are Osbornes the right medical negligence solicitors for me?
The team at Osbornes are medical negligence claims specialists and accredited by the leading clinical negligence panels to prove it. We’ve been fighting our clients’ corner for more than 40 years and have a track record in securing multi-million-pound settlements for clients whose lives have been devastated by the most serious injuries due to substandard medical care.
Our promise to you:
- We only represent the injured party, not healthcare providers, so there’s never a conflict of interest
- We provide a free initial consultation and case review, with no obligation to make a claim
- We will help you navigate the challenging NHS complaints procedure so you get the answers you need – as well as the compensation you deserve
We know that you will have questions before deciding whether to begin a claim. Please call us or visit us in our Camden or Hampstead offices for a free, no-obligation consultation and we’ll be happy to help you.
Contact our London based Medical Negligence Lawyers Today
Call us to speak with a lawyer 020 7485 8811
Email us Send us an email and we’ll get back to you
Medical Negligence News & InsightsVIEW ALL
Calls for Public Inquiry into Vaginal Mesh Surgery
A leading professor from the University of Oxford has called for a public inquiry into the use of vaginal mesh...Read more
Late Cancer Diagnosis Crisis Within NHS
The Health and Social Care Committee recently released a 52-page report on cancer services, expanding on the crisis in England (...Read more
Stephanie Prior Comments on the Ockenden ‘Maternity Scandal’...
Following the publication of the Ockenden Report, an independent review of maternity services at Shrewsbury and Telford Hospital NHS Trust,...Read more
NHS Gynaecology waiting lists rise due to coronavirus
It has been reported today in the press that as a consequence of the coronavirus pandemic, gynaecology waiting lists in...Read more
Record high waiting lists put cancer patient lives...
In early January 2022 there were nearly six million people in England waiting for routine operations and treatment: a record high....Read more
Women from ethnic minorities experience worse maternity care
It has been reported today that the government has set up a new task force to look into why there...Read more
999 Call Handlers Maternity Instructions Report
HSIB Report on Maternity Pre-arrival Instructions from 999 Call Handlers The Healthcare Safety Investigation Branch (“HSIB”) investigate NHS maternity incidents that...Read more
Basildon hospital maternity unit still needs improvements
A Channel 4 News investigation into the maternity scandal at Basildon Hospital, which is part of the Mid & South Essex...Read more
Court of Appeal Judgement on Secondary Victim Cases
Judgment was today handed down by the Court of Appeal in the cases of Paul v Royal Wolverhampton NHS Foundation...Read more
Vaccine Related Blood Clots And Delays in Diagnosis
Deep Vein Thrombosis, Pulmonary Embolism and Vaccine Induced Blood Clots The worldwide COVID-19 immunisation programme has been in full swing...Read more
Longer wait for ambulances endangering lives
According to recent NHS figures, in October this year patients in England who were presenting with potential heart attacks or...Read more
How do I obtain my GP medical records...
If you want to obtain copies of your medical records from your GP or the hospital where you have been...Read more
The effect of the pandemic on GP consultations
Remote appointments have been one of the measures adopted by GP Practices in the UK throughout the COVID-19 pandemic. It...Read more
NICE revises guidelines on Induced labour
Most babies are born naturally at around 40 weeks gestation. However, some pregnancies continue for longer. According to data from the...Read more
Preventing diagnosis delays of lung cancer
Lung cancer is one of the most common and serious types of cancer – sadly, it is often incurable. In common...Read more
Voicing concerns about a medical professional
A leading professor of cancer medicine and oncology based in London has been found guilty by a Medical Practitioners’ Tribunal...Read more
Sepsis – greater awareness can lead to better outcomes
In September 2019, I attended the Brain Injury Group’s Sepsis training event in the City of London together with my...Read more
Ambulance Delays Affecting Rapid Patient Treatment
In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended by NHS England, meaning that the 11...Read more
NHS Waiting Lists Impacting Patient Diagnosis
With waiting lists for NHS England at an all-time high, there is an increased risk that life-threatening conditions are not...Read more
Compensation for Negligence in Maternity Cases
According to the UK’s National Audit Office, the cost to the NHS of medical negligence compensation is currently sitting...Read more
Can I Complain About Substandard Medical Treatment?
Most people have positive experiences with medical professionals and are satisfied with the medical treatment they receive. However, in some...Read more
Healthcare Safety Investigation Branch
The HSIB (Healthcare Safety Investigation Branch) is an independent organisation made up of a team of investigators and analysts whose...Read more
Clinical Negligence Resulting in Death – Legal Options to...
The loss of a loved one is an extremely distressing time for their family, made even more distressing if there...Read more
Osbornes Law are delighted to announce that Jodi...
The accreditation means that Jodi is recognised by AvMA as a specialist medical negligence lawyer. AvMA is the only UK...Read more