No win, no fee. No call centres. Just experts.
At some point in our lives most of us have to place our health and wellbeing in the hands of medical professionals. We expect the highest level of care. Usually we receive just that. But sometimes things go wrong.
If you or a member of your family has suffered an injury due to negligence during medical treatment we can advise if you have a claim. It is vital to seek the right advice. Sometimes people are poorly or wrongly advised that there was no clinical negligence or that no loss has been suffered as a result of the treatment.
Clinical negligence happens when a medical worker or healthcare professional makes a mistake, or acts in a way that damages your health or wellbeing. This could be a preventable error caused by an oversight or minor mistake. Similarly an inaccurate, incorrect or delayed treatment, misdiagnosis, provision of incorrect medications, surgical error, delay in diagnosis or a failure to refer a matter to a specialist. The medical professional may have failed to obtain your consent.
Our client’s benefit from our knowledge of medical treatment issues and expertise in serious injuries to advise on highly complex cases.
Peter Davies also specialises in cases of dental negligence. He regularly works with the same experts and barristers to achieve success on behalf of his clients.
Our team will provide free advice and guidance on pursuing a clinical negligence compensation claim, without obligation.
Clinical Negligence claims differ from Personal Injury claims. They require you to prove two things; fault and causation.
To prove fault you must, with our help, show that the healthcare professional failed to carry out their responsibilities. And, that if they had carried out their duties you would have avoided the subsequent injuries.
You might have heard phrases such as ‘breach of duty’. In simple terms this simply means that the care you received fell below the standard expected of a reasonably competent and skilful specialist for the type of condition you had.
Causation can often be harder to establish. You will need to show that the negligent care, rather than your original or underlying condition, caused you harm.
Depending upon your injuries we will arrange for reports to be obtained from independent medical experts to help prove these two issues.
It is usually necessary to start a compensation claim within 3 years of the date of your injury or of the date when you first discovered that your injury was the result of medical or clinical negligence. It is best to seek legal advice as soon as possible after the clinical negligence took place. We can help you to record evidence that will only be available from your memory.
We need to fully understand the impact that the negligence has had on your life, to ensure that any compensation you receive will cover all your future needs. Preparing a medical negligence case can involve taking detailed statements, obtaining full copies of your medical records and X-rays, and seeking experts reports and opinions.
Finding the right law firm is key to the process. Many lawyers will genuinely try to assist you, however they may not have the necessary expertise to bring your claim or secure the maximum amount of compensation for you.
When done properly, this process can be lengthy, especially in high value cases. This preparation, however, will give you case the best chance of success. You will require detailed medical evidence. This will enable your claim to be valued and presented to the other side and a judge if required. Evidence will be provided by experts. They will need to examine you and as the circumstances that led to the injury. The process may also require you to attend court if an early settlement is not reached. This happens in only a very small minority of cases. We will be by your side every step of the way so please do not be put off by the thought of this.
In our experience, it’s not always compensation that you want; sometimes it’s an apology, justice to be done, or simply to know that no one else will suffer in the same way. Claiming compensation for clinical or medical negligence will only be able to provide you with financial compensation.
You may not know if you want to make a claim for compensation. Regardless, you are entitled to make a written complaint about your treatment within six months.
Our team are here to help you. Email us at firstname.lastname@example.org or call us on 01285 654875.
Our experts will review your claim and consider whether you have a case for compensation that justifies our working for you, free of charge. Once we have considered your case we will tell you whether you have a reasonable chance of success. You can then decide whether you want to instruct us to act on your behalf.
Your initial contact with us is free and you won’t be under any obligation to instruct us. If you chose us to instruct us we will offer you a no win, no fee agreement where possible. This means that you will not pay any legal fees if your case is lost*. If you win your case then you may be charged a success fee. This will be deducted from your compensation.
Other methods of funding your case are available.
Detailed information relating to costs will be explained in detail, free of charge, before you decide whether to instruct us.
In all cases, if your claim is successful, the side paying your compensation will also pay your legal costs. If your claim is run under a Conditional Fee Agreement (CFA) and your claim is unsuccessful, we will not charge a fee and you are not liable for any of our costs*.
*subject to conditions
Compensation for CRPS following negligent surgery
Brian had surgery on his knee and developed an infection. As a result Brian developed a chronic pain condition which left him struggling with stairs and unable to pursue his hobbies. Brian accepted and out-of-court award of £200,000
Compensation settlement for loss of sight in one eye
In May 2012 Mrs S went to see her GP with a letter written by her optician who recommended onward referral to an ophthalmological specialist.
Instead of referring her Mrs S’ GPs prescribed eye drops following various appointments over several months. Mrs S was a patient of a group practice and so was seen by a number of different doctors.
After about five months one of Mrs S’ GPs finally referred her (urgently) to a local hospital. The specialist there was so concerned by his own findings that he made an urgent onward referral to a specialist eye hospital and they saw Mrs S promptly.
Thorough assessment and further investigations revealed that Mrs S had a tumour behind her eye and she was listed for surgery to remove it.
The tumour was removed but sadly Mrs S lost the sight in her eye.
Breach of duty was admitted by the first GP Mrs S had seen: on the basis that she should have been referred to a specialist but was not.
The first GP did not however accept that there was a causative link between the delay in referring Mrs S to a specialist and the eventual loss of sight in the affected eye.
Expert evidence was obtained from a GP and a Consultant Ophthalmologist with a special interest in orbital surgery. Counsel (a barrister) was instructed and Mrs S’s claim was valued.
The GP’s solicitors advanced what appeared to be a nuisance offer, which was quite upsetting for Mrs S. Court proceedings were issued and defended. Offers and counter-offers were exchanged and eventually, Mrs S elected to settle her claim without proceeding to trial.
At the conclusion of her claim Mrs S wrote to our Mark Tawn:
“Thanks for all your help and support and to the team at Davey Law as well throughout. Truly grateful.”
We were delighted to work for and with Mrs S and to achieve an outcome with which she was happy.
If you think you have been inadequately treated by your doctor and that you have suffered injury and loss as a consequence talk to Davey Law now.
Issuing proceedings does not necessarily mean a trial
Mrs D came to us with a clinical negligence claim which arose from retained products of conception following the birth of her second child. This went undiagnosed in spite of numerous follow-up health appointments over many months.
The fact that the condition remained unresolved with the health authority caused her many months of suffering and embarrassment.
As the health authority would not co-operate, proceedings were issued and the claim was vigorously defended, in spite of the robust medical evidence which we had obtained in support of the claim. We issued proceedings and the health authority continued to deny liability.
As we approached trial our vigorous approach toward the claim resulted in the health authority making an acceptable offer to settle the claim. Mrs D was delighted and we accepted the offer on her instructions.
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