When medical treatment goes wrong, the impact can be devastating. Knowing how to sue for medical negligence is the first step towards accountability, answers, and the opportunity to claim compensation for avoidable harm. Whether the negligence occurred in an NHS trust or a private hospital, a structured legal process exists to support patients who have suffered harm due to substandard care.
At PR Scully, our specialist medical negligence solicitors have helped plenty of clients successfully claim compensation for substandard treatment, whether it be due to NHS negligence or a private hospital.
Call 0161 768 317 or request a callback, and become our next success story when it comes to compensation claims.
What Is Medical Negligence?
Medical negligence, often called clinical negligence (among other things), happens when a medical professional or healthcare practitioner fails to provide treatment that meets an acceptable standard, resulting in injury caused to the patient.
This may involve wrong medication, a delayed diagnosis, surgical error, or negligent treatment by NHS staff or a private healthcare provider.
Do You Have a Medical Negligence Claim?
To bring a medical negligence claim, you must prove:
- A breach of duty by a medical practitioner or healthcare professional
- That the negligence occurred because care fell below an acceptable standard
- You suffered harm, such as physical injury, mental harm, or financial loss
This is known as proving medical negligence, and it relies heavily on medical evidence and expert evidence from independent medical experts.
Gathering Evidence and Medical Records
Strong clinical negligence claims are built on evidence. Your solicitor will obtain:
- Medical records and health records
- Witness statements
- Reports from independent medical experts
This evidence demonstrates how the negligence happened and how it caused avoidable harm.
NHS Medical Negligence vs Private Treatment
You can sue the NHS or bring a claim against a private hospital. In NHS medical negligence cases, claims are brought against the relevant NHS trust or NHS organisations. If the NHS accepts liability, compensation discussions can begin earlier, including interim payments for urgent medical expenses.
The Claims Process Explained
The claims process usually involves:
- Initial investigation by medical negligence solicitors
- Obtaining expert medical evidence
- Submitting a formal legal claim
- Negotiation, alternative dispute resolution, or court proceedings if needed
Many compensation claims cases settle without going to court; however, at PR Scully, we will represent you further if an out-of-court settlement cannot be reached.
Time Limits and Legal Costs
There is a strict time limit, known as the limitation period, usually three years from when the negligence occurred. Children and those lacking mental capacity have different rules – check for clarification with your medical negligence solicitor.
Most claims are funded on a no-win no-fee basis, also called a conditional fee agreement, meaning no legal fees are payable if the claim fails. All solicitors are regulated by the Solicitors Regulation Authority.
How Much Compensation Can You Claim?
How much compensation depends on:
- Severity of the injury
- Long-term impact, including life-changing injuries such as cerebral palsy or birth injuries
- Financial losses and ongoing medical expenses
A successful claim may result in a substantial compensation award.
Why Use a Specialist Solicitor like PR Scully?
Experienced medical negligence solicitors and medical negligence experts understand complex clinical negligence cases, including GP negligence, surgical negligence, and serious injury claims. Their expertise significantly improves the chances of a successful claim.
At PR Scully, we have helped claim over £6 million in compensation for our clients, showing victims that we care about their pain and suffering.
Contact PR Scully today by calling 0161 768 317 so that we can fight your case for you, too!