Chevron pointing up icon

Medical Negligence

Clinical Negligence Claims

Shilpa gave us very useful advice and much appreciated help during a lengthy dispute. We were very satisfied with the outcome and, also, particularly impressed by her friendliness and by the professional way she ensured that all of our costs were paid, rightly, by the other side.

Property Client

Medical Negligence

You may bring a claim for compensation against the NHS Trust responsible for the hospital rather than the individual doctors or a individual doctor if you received substandard medical care from a doctor, nurse, dentist or other medical professional .

Under English law, you can only claim compensation for injuries and associated financial losses if you can show that the proposed Defendant was ‘negligent’ and that this caused loss or damage to you. Negligence means making a mistake, which would not have been made by any reasonably competent professional in the relevant field. If some reasonably competent professional would have done the same thing, the claim will fail.

This means that we need to show that there was a breach of duty by the medical or nursing professional and thereafter and that this breach of duty caused you to suffer injury and losses. There is a test which needs to be met before we can prove breach of duty and we have to obtain copies of your medical records and send these to an independent medical expert who will review the records and advise as to whether or not you have a claim. The expert may also be able to comment on the causal link between your substandard medical care and your injury or we may need another expert if you case is complex.

Making a negligence claim

You can claim compensation for your injuries themselves (called ‘general damages’) and for any financial losses caused by the negligence (called ‘special damages’).

  1. General Damages

This is compensation for the pain and suffering and loss of enjoyment of life that resulted from the negligence. Without a medical report on the full effects of your injuries, we cannot estimate the value of that element of the claim. It is always better to have a medical report before agreeing compensation, so that everything is taken into account. We will also need to prepare witness statements from you and if necessary friends and family commenting on your difficulties.

  1. Special Damages

In addition, you may be entitled to compensation for ‘special damages’, which may include medical fees, travel expenses, loss of earnings, care costs, and all other incidental expenses following the negligence.

Sometimes if a claim is disputed, the Defendant will offer reduced compensation as a compromise. If it happens, I will advise you on whether the reduced sum should be accepted, rather than going to Court and risking the possibility of losing.

There is a time limit for pursuing a claim for clinical negligence and this is 3 years from the date of the injury or 3 years from the date that you became aware that your injury was due to another person’s negligence.

To speak with our lawyers contact us on 0207 485 8811 or fill in an online enquiry form.

 

Speak to a Lawyer

Latest News


Osbornes Law Osbornes Law @OsbornesLaw RT @JeremyVineOn5: Should drivers face a re-test when they turn 70? It's what widower Andrew Roberts wants to happen, after his wife Jeanet… 6 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @limblessassoc: We have a directory that lists the clubs and associations that we are aware of that cater to disabled sports! If you wan… 6 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @WhatMortgage: If you are planning building work on your home, there are some common pitfalls to avoid. Shilpa Mathuradas of @OsbornesLa 6 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw Thank you MCC for a wonderful Christmas lunch @HomeOfCricket in the beautiful Long Room. Wonderful company, brillia… https://t.co/sTjWZstcIt 6 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @PriorSteph: How on earth can nurses under so much pressure and stress provide good nursing care. They are as much at risk of ill health… 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @HampsteadVllg: Today's the day... it's #SmallBizSatUK! We hope to see you around #HampsteadVillage supporting our fantastic local busin… 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw Thanks @KeatsLibrary for another wonderful Christmas Quiz. Our quizzers @OsbornesLaw were up against some formidabl… https://t.co/G9iNfxp26q 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @willfordosblaw: @DSBernardi @OsbornesLaw They have and in my view it’s a bit of a fudge. Now a 5 year residence criteria for refugees i… 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @HandHSocHeath: You can still submit your autumnal photos of Hampstead Heath in our Instagram competition until this Friday 6 Dec! Ts an… 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @denisenottm: Great to be able to finally hand this award over to the rightful owner - our fantastic Clinical Negligence Lawyer of the y… 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw @PriorSteph finally receives her Clinical Negligence Lawyer of the year award. @denisenottm was delighted to receiv… https://t.co/8Oqe14psPG 7 weeks ago
Osbornes Law Osbornes Law @OsbornesLaw RT @OsbornesClinNeg: This week is #GriefAwarenessWeek. Here is a useful link from the NHS which includes useful support information for peo… 7 weeks ago

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Speak

To a

Lawyer

ENQUIRY
SUBMIT