Scott Harding-Lister

Healthcare professionals have a legal duty to provide a reasonable standard of care. Where that duty is breached and causes, or materially contributes to injury, illness, or financial loss, there may be grounds for a clinical negligence claim.

To succeed in a claim, it must be shown that the treatment received, or an omission,  fell below the standard expected of a reasonably competent healthcare provider, and that this failing caused or materially contributed to harm.

A legal practitioner with experience in clinical negligence will assess the medical and legal aspects of the situation and advise on whether a claim is likely to succeed.

We offer a free consultation with potential clients.

Compensation varies depending on the facts of each case. A fair settlement will consider a range of factors, including:

• The severity of the injury or condition
• The impact on daily life, employment, hobbies, and relationships
• The need for future care, rehabilitation, or ongoing treatment
• Any financial losses already sustained, such as lost income or travel costs
• Likely future expenses, including private treatment or home adaptations

The aim of compensation is to place the injured party, so far as money can, in the position they would have been in had the negligence not occurred. A careful assessment will be made to ensure that all aspects of loss are properly accounted for.

The standard time limit for bringing a clinical negligence claim is three years. This usually runs from the date of the negligent incident or from the date the individual first knew, or could reasonably have known, that they had been harmed as a result of negligent care.

There are some exceptions:

• For children, the three-year period begins on their 18th birthday
• For individuals lacking mental capacity, time limits may not apply

Because limitation periods can be complex, early legal advice is essential. Delay may result in a claim being time barred, even if it would otherwise have been successful.

Most clinical negligence claims are resolved without the need for court proceedings. The majority settle through negotiation or alternative dispute resolution such as mediation.

If a satisfactory settlement cannot be reached or if liability is denied, court proceedings may become necessary. In that event, a legal representative will manage the case thoroughly, ensuring proper preparation and advocacy at each stage. The aim is always to minimise stress and resolve matters as efficiently as possible.

A Conditional Fee Agreement (CFA), commonly referred to as a “No Win, No Fee” arrangement, are very complicate but in general terms allow claimants to pursue a claim without paying legal fees upfront. Legal costs are only payable if the claim is successful.

If successful, a portion of the compensation may be used to cover legal costs. These terms will always be explained and agreed in writing beforehand. If the claim fails, there is no obligation to pay our legal fees.

Clear information will be provided about funding options, success fees, and insurance to ensure transparency and peace of mind before any decision is made.

Arrange an appointment with one of our team and we can discuss your potential claim.

If there is a basis to proceed, the solicitor will handle all aspects of the claim including; obtaining medical evidence, instructing experts, corresponding with healthcare providers, and negotiating settlement terms.

Claimants will typically deal with one dedicated point of contact who will provide updates, answer queries, and offer guidance throughout. The aim is to ensure the process is managed professionally, leaving the claimant free to focus on recovery.