Medical Negligence Solicitors
Trust Our Lawyers for Your Medical Negligence Claim
Our medical negligence solicitors provide legal support that you can trust. If you have been injured due to a medical accident, our lawyers can help get your life back on track.
Stephanie Prior Partner
Expert medical negligence solicitors
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). The Law Society also accredits us as experts in medical negligence. The team is led by Stephanie Prior, who practised as a nurse for many years before becoming a lawyer. Her experience in medicine and knowledge of the NHS are vital to securing our clients the correct level of compensation and ongoing 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.
Do I need medical negligence solicitors near me?
No, we advise clients throughout the UK regarding making medical negligence claims. Take a look at our client stories to understand the type of successful claims we have made.
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 nearly 50 years and have a track record of 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
What is medical negligence?
We all expect the highest level of care from our healthcare providers. Sadly, mistakes do happen that cause harm to patients. Sometimes, treatment is so poor that it may be deemed medical negligence. Medical 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.
If this is the case, a compensation claim can be pursued. We will answer all 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 learn more about our expert medical negligence solicitors and their experience. You can also read about some clients and families that we have been able to help.
The terms medical negligence and clinical negligence mean the same thing. We usually use medical negligence in these pages, but it can also be read as clinical negligence.
How do I make a medical negligence claim?
Medical negligence claims can be complex and challenging, so it is vital to consult with an experienced medical negligence solicitor to guide you through the process effectively.
- Contact our specialist medical negligence solicitors, who will assess your case and advise whether you have a valid 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 inform you of progress and consult you about all decisions relating to your case.
- 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.
- Our solicitors will help you gather all the relevant evidence required to support your claim, including medical records, reports and documentation related to your treatment and injuries.
- 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.
Medical Negligence FAQS
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 – include 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 the mother or baby during pregnancy, labour or after birth.
What is the time limit for medical negligence claims?
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 recommend against judging the calculation of your limitation period without expert advice from a specialist solicitor.
The law governing the medical 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 knew about the negligence, whichever is later.
Calculating the limitation period is fraught with complications, so it is important to take legal advice as soon as possible 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. Therefore, we recommend consulting a solicitor, ideally no later than 12-18 months after the incident of negligence, to avoid the problems 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.
Will I have to go to court to settle my medical negligence claim?
It is rare for medical negligence claims to go to court. Most cases are settled once all the investigations are completed before legal proceedings are issued.
Where proceedings are issued, as long as the case has good supporting medical evidence, most cases settle without the need to go to court.
It is in everyone’s interest to avoid court, so both sides are encouraged to settle matters quickly to avoid extra costs.
However, even though most cases settle well before going to trial, you should ultimately be prepared for going to court so a judge, having heard all the evidence, can decide whether the treatment was negligent.
Can I change solicitors?
Our medical negligence team regularly receives calls from clients who have instructed other law firms, asking, “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
Delayed laryngeal cancer diagnosis
Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...Read more
Delayed cervical cancer diagnosis claim
Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...Read more
Spinal Fracture Case Settles for 6-figure Sum
Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a claim against Mid and South Essex NHS...Read more
Delayed skin cancer diagnosis
We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....Read more
Fatal Claim: Failure to Treat Bowel Condition
Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...Read more
Prison Healthcare Negligence
Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has recently successfully settled a long running case...Read more
Osbornes Instructed After Local Authority Data Breach
Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...Read more
5-figure settlement for infusion leak to mother
Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...Read more
Perineal Tear case settles for 6-figure sum
Birth Injury Lawyer, Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic...Read more
Court avoided after settlement agreed in dental negligence...
The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...Read more
Delayed diagnosis of appendiceal cancer
The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...Read more
Successful settlement for negligent care during kidney transplant...
Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...Read more
Successful claim against dental practice after negligent treatment
Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...Read more
Osbornes Act for Family after Tragic Stillbirth
Birth Injury lawyer Nicholas Leahy is acting for a young woman who had a water birth at home and two...Read more
Life-changing Injuries during birth
Claim after mother and baby suffered life-changing injuries during birth Jodi is acting for both mother and baby in a...Read more
Successful settlement for birth injury that led to...
Stephanie Prior’s case relating to the death of Gabriela Pintilie has been settled and approved by the High Court....Read more
GP Negligence claim leading to fatality successfully settled
Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...Read more
Justice for client who suffered serious birth injuries
The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...Read more
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
Child Left with Brain Injuries at Birth
Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...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
Melanoma misdiagnosis negligence claim
Jodi Newton is acting for a client with a melanoma on her foot, which the dermatologist diagnosed as benign. Concerned...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
“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."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
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."
"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."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"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 News & InsightsVIEW ALL
NHS England Waiting Lists: PM Blames Doctors’ Strike
NHS England’s waiting list has been growing over the past decade, rising from 3 million in 2014 to 7.7 million in July...Read more
Osbornes expands Medical Negligence team with new senior...
Osbornes Law has appointed medical negligence specialist Josie Robinson to further strengthen the team that has grown to ten strong...Read more
NHS waiting lists hit an all-time high
England’s NHS waiting lists have hit the highest number since 2007, reaching a record number of 7.47 million people who are...Read more
Maternal and Fetal Hyponatraemia
What is hyponatraemia? Hyponatraemia is a condition where sodium levels fall below a certain level, which can be dangerous. All...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
Private Healthcare Negligence
Can you claim negligence against a private hospital? Yes – it can be a little more complicated than bringing a claim...Read more
Early Notification Scheme – is it helping or failing...
What is the Early Notification Scheme? The NHS Early Notification Scheme (“ENS”) has reached its sixth anniversary. Established in April 2017,...Read more
Are pharmacy closures putting patients at risk?
It has been reported in the press that chemist closures will have an impact on patients living in deprived or...Read more
Private Pregnancy Scans and Substandard Care
In the news, it has been reported that private clinics that offer pregnancy scans to women are not meeting the...Read more
The risk of extravasation injuries during iron infusion...
Many patients with low iron, particularly during pregnancy or postnatally, may be advised they need an iron infusion such as...Read more
Delayed transfer to Accident & Emergency causing harm
The Healthcare Safety Investigation Branch (HSIB) has identified that patients may come at risk of harm whilst waiting in ambulances...Read more
Breast cancer screening mammograms and negligence
Breast cancer screening has improved significantly in the UK due to research bettering the understanding of this terrible disease, which...Read more
Women more likely to have symptoms ignored by...
An increasing number of women in the UK feel brushed off by GPs when presenting with real symptoms, with many...Read more
Are maternity services safe? – Part 2
In April last year I wrote a piece about government setting up a taskforce to look into why there are...Read more
Poor interpretation of CTG can result in stillbirth...
Poor interpretation of a Cardiotocograph, more commonly known as a CTG, is a leading cause of stillbirth and brain injuries...Read more
New interactive rating tool reveals NHS wait times...
Amidst record-breaking heatwaves and a lengthy patient waiting list due to COVID backlogs, it is not surprising that this summer...Read more
Insulin overdose in hospitals due to limited staff...
A century ago, insulin was first used to treat a 14-year-old boy dying of type 1 diabetes A hundred years later,...Read more
NHS aims to reduce waiting times with Elective...
The NHS recently recorded their waiting list to be at 6.5 million, a record high. Much of this backlog is due...Read more
Nottingham Maternity: Donna Ockenden to Chair Independent Inquiry
An interim report on the state of maternity services at Nottingham University Hospitals NHS Trust has just been released. However,...Read more
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
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
Our Medical Negligence Solicitors View the whole team
Rob Aylott Partner
Personal Injury Solicitors
Jodi Newton Partner
Ben Posford Partner
Personal Injury Solicitors
Stephanie Prior Partner
Tahsin Choudhury Paralegal
Sophie Cole-Ducker Paralegal