Have you been the victim of Medical Negligence?
Here at Phoenix Legal our team of solicitors are experienced, qualified and professional and can guide you through every aspect of your Medical Negligence claim (or Clinical Negligence, as it is otherwise known). We have years of experience within the claims industry, helping many people receive the compensation they deserve.
What is Medical Negligence?
We all put our trust in the medical judgement and information we are given by qualified health professionals and practitioners, but sometimes their advice or treatment can result in things going wrong. There are many points from the first doctor’s appointment to treatment options where errors can be made, and unfortunately these cases are on the rise.
Call us on 0151 306 3694
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start your claim today
ARE YOU BEING REPRESENTED BY ANOTHER LAW FIRM? NOT HAPPY WITH THE PROGRESS YOU ARE SEEING?
For a limited time only, if you move your Medical Negligence claim to us from another firm we will deduct 0% of your compensation.
This means that you will recover 100% of your compensation and we will limit our costs to those that we recover from the Defendants.
Our Solicitors specialise in all areas of medical negligence including:
- Brain Injuries
- Anaesthesia related complications
- Cancer Misdiagnosis
- Failure to treat Diabetes
- MRSA Negligence Claims
- Orthopaedic Injuries
- Child Injuries
- Birth Defects
- Misdiagnosis of Fractures
- Spinal and Neck Injuries
If you believe you or one of your loved ones have been the victim of medical negligence, our highly experienced Solicitors are here to help you. We will take the time to talk through what happened, help you get the answers you need and work to get you the compensation and care you deserve.
How We Work to Help You
We offer a free initial consultation with one of our Solicitors in order to know whether you have grounds for a Medical Negligence Claim. Once we have that established we can proceed with your claim.
If we advise that you may have a claim, we offer a no win, no fee agreement, which means you don’t have to pay anything upfront or if your claim is unsuccessful*
We ensure you have the right independent medical experts consulting with you and with us on your claim.
Along with specialist barristers who, together with us, will make up the specialist team.
We will help you win your claim with minimal stress and disruption so that you can concentrate on getting your life back on track. We know it may not be possible to meet face to face with us so we offer the free consultation either at your home, on Skype, Facetime or any other preferred method.
* Subject to entering into a No Win No Fee agreement in conjunction with an After the Event insurance policy and complying with your responsibilities under its terms.
How the Claims Process Works
We offer a No Win No Fee agreement (CFA), to ease any worries you may have about paying legal fees when choosing to make a claim for medical negligence or personal injury.
This means that if your claim is successful, most of the fees are covered by your opponent*. If your case is unsuccessful, you pay nothing.**
* Under the terms of a No Win no Fee agreement we deduct up to 25% of your compensation to cover the success fee.
** Subject to entering into a No Win No Fee agreement and complying with your responsibilities under its terms.
No Win No Fee agreements are only one of the funding options available. There are many more available, so at your initial consultation we will talk you through the alternative options – including legal expenses, insurance and legal aid (which is available in some instances) and consider whether you’re best supported by a No Win No Fee agreement.
For a free consultation about making a No Win No Fee medical negligence claim, contact us on 0151 306 3694 or email us and we will call you back.
Is there a time limit to my claim?
Normally you have three years in which to make a claim for personal injury or medical negligence. In medical claims this is from either the date of your negligent care or from the point where it was discovered that negligent treatment was responsible for your injuries.
However, there are some exceptions to this rule:
If you suffered negligent care before you turned 18, you can make a claim up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your child’s injuries which means working out how much compensation you need can take time.
Claiming on Behalf of Someone Else
If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.
In fatal cases, the three year time limit begins on the day your loved one passed away.
Time limits abroad vary widely, so if you suffered from medical negligence in a foreign country it’s important to get in touch with us quickly.
We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case without delay. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.
What We Need From You
So that we can give you the greatest chance of succeeding with your Medical Negligence Claim, we require as many details regarding your incident as possible. The sooner you can recall the details of your incident or accident the better for you and us.
As time goes on we naturally forget key aspects of an incident, so it is imperative you let us know as soon as possible any and all the details regarding your experience. If any supporting evidence from witnesses is needed it makes it easier for them to be contacted and they will also remember the details correctly. This makes the whole process easier, less stressful and reduces the time for you.
How Long Will My Claim Take?
One of the most common questions we are asked is, “How long will my claim take?” Unfortunately, there is no way of knowing how long it may take. Each case is different and individual. So we promise to work tirelessly to ensure the claim is handled with all the facts and details of your injury being fully recorded so there are minimal time delays for you. This is where your fresh account of the incident will help us to achieve a faster time limit as key details may get forgotten over time.
Why Choose No Win No Fee?
When you choose No Win No Fee you are making the best decision financially as you can claim for free and have no legal bills at the end of the process. By choosing our trained Medical Negligence Solicitors you are more likely to win your case as our solicitors have vast experience in this field. We have a greater understanding of the Medical Negligence Claims system in comparison to what an injury lawyer may possess.
Medical Negligence and the Rise of Claims
NHS trusts in England paid out more than £1.4bn in medical negligence claims in 2016 compared to £583m in 2008, analysis shows. This figure is not inclusive of Private Practices so that number would greatly increase if those were included in the final sum.
The NHS Litigation Authority (NHSLA), which handles claims on behalf of trusts, said it was trying to reduce the costs. The NHSLA blamed big rises in claims and legal costs from claimants. However lawyers have argued that the cost would not exist if the NHS had not been negligent in the first place and accused it of delaying claims.
Factors that can have an impact on the Medical Treatment you receive:
- Long Waiting Lists
- Extended time in between consultations and treatments
- Clinical System errors/issues
- Shorter appointment times
- Lack of Doctors
- Miscommunication between health officials and patients
- Private Clinics
- Rise in Plastic Surgery Complications and Malpractice
- NHS funding cuts
- Staff Training
All these factors have had a negative impact on the treatment and medical care we receive. Doctors, Clinics and Surgeries have been oversubscribed and Clinical Staff are underpaid and overworked. This can lead to many problems and errors occurring.
The NHS sees 1 million patients every 24 hours, this is an outstanding figure and would go on to explain why various errors and mishandlings can sometimes occur.
£140bn was spent across the NHS in 2016 of which £1.4bn was awarded to victims of clinical negligence – this could have been used to fund more than six thousand doctor’s salaries.
The NHS Negligence Bill has increased by more than 70% in the last five years and the Medical Protection Society (MPS) have estimated that at this current trend we will see annual Negligence Claims spending reach an astonishing £2.6bn within the next five years.
The NHS employ 1.7M staff making it 5th largest employer in the world. With so many cuts being made to health budgets and treatment care staff will be laid off and quality of care will suffer.