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General Private Client General Commercial Construction Court of Protection Agriculture & Rural Affairs Commercial Property Employment Dispute Resolution Corporate & Commercial Charities & Not for Profit Food & Drink Education Transport & Logistics Family Business & Owner Managed Businesses

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  • Overview

    Often when patients are unhappy with the treatment they have received from an NHS hospital they will make a formal complaint to the Trust. Formal complaints are a useful way of getting essential information about the treatment a patient has received and may sometimes result in that Trust apologising to the aggrieved patient.

    Although a Trust may apologise and even admit there have been failings in a patient’s care, this does not necessarily mean that they will admit to wrong doing when legal action is commenced. It is often difficult to prove clinical negligence, so it is useful to have as much guidance from a specialist solicitor, as soon as possible, in order to help you in your claim.

    NHS Resolution (previously NHS Litigation Authority) usually represents the NHS initially, if you make a claim against them. NHS Resolution holds a database of information about all claims made against the NHS, including potential claims and incidents.

    Often, NHS Resolution deals directly with a patient who has made a formal complaint or where a formal investigation has been undertaken into failings in the patient’s care. This may be due to the fact that NHS Resolution feels the NHS Trust is at fault and that the claim can be settled quickly, thereby limiting the costs involved.

    Whilst it may appear that dealing with NHS Resolution directly will save time in obtaining compensation; by agreeing to settle a claim directly with NHS Resolution, you are at a significant risk of agreeing to a settlement for an amount less than your claim is potentially worth.

    There are various aspects that need to be considered when assessing the value of a clinical negligence claim. A patient is not merely compensated for their physical injury but also for any losses or expenses that have arisen as a result.

    Further, in clinical negligence claims it is often necessary to compensate for expenses that are likely to be incurred in the future; for example, the cost of care and treatment. These expenses can be critical to a patient’s recovery and so it is very important to ensure that patients are adequately compensated to cover the costs associated.

    In order to quantify a clinical negligence claim, it is often necessary to obtain expert medical evidence. Obtaining expert evidence can be very costly. By instructing a solicitor to act on your behalf, the firm will often pay the up front cost of instructing experts, to be recovered from the Defendant if the claim is successful on conclusion.

    It is useful to have a solicitor, who is experienced in dealing with clinical negligence claims liaising with that expert, as they will be aware of the legal tests that need to be satisfied and can therefore frame their instructions to the expert accordingly. A specialist solicitor will also be able to identify any potential losses and expenses a patient should be compensated for and can also arrange for treatment and care that is required, to be put in place.

    We have often received enquiries from patient’s who have been liaising directly with NHS Resolution and have been offered a settlement amount, asking if we can advise as to whether the offer that has been made is sufficient. Once we have fully assessed your case and obtained the relevant expert evidence, we can advise you as to whether the offer that has been made should be accepted or rejected. If you agree to settle a claim directly with NHS Resolution and it is later shown that the settlement amount agreed was too low, it is not possible to seek further damages. It is therefore important that patients receive professional legal advice about their claim and, in particular, the likely value of their claim before a settlement is agreed.

    If you believe you have suffered an injury as a result of clinical negligence, please do not hesitate to get in touch with our team of clinical negligence specialists on 01892 510 000, who will be more than happy to assist you.

     

  • Related Services

    Clinical Negligence Compensation Claims

    We have one of the most well-established and experienced clinical negligence teams in the country. Our clinical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation.   

    Orthopaedic & spinal injury claims

    Orthopaedic and spinal injury claims are complex. We have a long history of dealing with compensation claims resulting from medical negligence during spinal surgery or other orthopaedic treatment. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Personal Injury

    Our Personal Injury team will advise you free of charge whether you have a claim and can act for you on a no-win-no-fee basis.

    Brain injury

    Our highly specialised personal injury lawyers have in-depth experience in dealing with complex compensation claims for adults and children who have suffered brain injury.  

    Obstetrics claims

    If you suffered an obstetrics injury during pregnancy or childbirth and think it was caused by medical negligence, you may be able to make a compensation claim. We have in-depth experience with obstetrics claims. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Sport injury claims

    Playing any sport carried some risk of injury, but if an injury caused by someone else's negligence, our team can help you claim compensation.  

    Fatal accident claims

    When an accident results in death the legal process that follows is difficult for those left behind. We offer a caring service with practical advice. We can represent families at inquests as well as help with the compensation.  

    Cerebral palsy claims

    Cerebral palsy claims are among the most complex of clinical negligence claims. We have a long history of dealing with cerebral palsy compensation claims relating to hospitals throughout London, Kent, Sussex and the South East. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Cosmetic surgery claims

    If you’ve been injured during cosmetic surgery as a result of medical negligence you may be able to claim compensation. We have the expertise and experience to help you recover compensation. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Misdiagnosed or delayed cancer claims

    Our dedicated clinical negligence team has successfully dealt with numerous clinical negligence claims arising from delayed diagnosis of cancer or misdiagnosis of cancer. Contact one of your specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Gynaecology compensation claims

    Gynaecology is a complex area of medicine and complications as a result of clinical negligence in this area can cause life-changing injuries.

    Birth injury claims

    Birth injury claims on behalf of children are among the most complex of medical negligence claims. We are specialist in this area and have vast experience of dealing with compensation claims for birth injuries sustained in hospitals throughout London, Kent, Sussex and the South East.

    Urology compensation claims

    Urology is a complex area of medicine and complications as a result of clinical negligence in this area can cause life-changing injuries. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Care of the elderly claims

    Clinical negligence investigations into the poor care of elderly patients in hospitals and care homes are sadly becoming more common. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Surgery compensation claims

    If you have suffered as a result of negligence during surgery, you may be entitled to make a compensation claim. We have a long history of success in claiming compensation for claims involving surgical errors. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Claims for general medical problems

    Clinical negligence claims are often highly complex. If you have suffered as a result of negligence at a hospital or GP surgery, our specialist clinical negligence solicitors will investigate your medical negligence claim thoroughly and independently. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

Fiona Follis

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

General Private Client General Commercial Construction Court of Protection Agriculture & Rural Affairs Commercial Property Employment Dispute Resolution Corporate & Commercial Charities & Not for Profit Food & Drink Education Transport & Logistics Family Business & Owner Managed Businesses

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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Jargon Buster