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Medical Negligence FAQs

When should I make a claim?
The general rule is that court proceedings for a claim must be issued within three years. This is from the date upon which you knew (or ought reasonably to have known) that you suffered an injury as a result of Medical Negligence. In the case of a child, the three year time limit does not begin until the age of 18. These restrictions do not apply to patients with a mental incapacity.

Who can I claim against?
Medical or Clinical Negligence claims cover the whole range of professional healthcare practices and are not just limited to hospital or medical treatment. For example, claims can be made in respect of treatment provided by doctors, nurses, opticians, dentists, therapists, pharmacists, nursing homes and practitioners of alternative medicines, whether the treatment was private or on the NHS. Wake Smith has a great deal of experience dealing with healthcare professionals of all kinds.

Can I complain to the NHS about my medical treatment?
If all you want is an explanation or apology, talk to the healthcare provider involved. This will help rule out any genuine misunderstandings. If the problem remains unresolved, make a formal complaint, in writing, to prompt an internal enquiry. There is a formal procedure for complaints to the NHS which can be found on the NHS Choices website. A complaint should generally be made within six months, but will not result in compensation. 

Can I claim for medical negligence?
If you have suffered an injury as a result of negligent medical treatment you may be entitled to compensation. However, a poor or unexpected outcome does not necessarily mean that there has been negligence. These claims are rarely straightforward and we suggest you speak to one of our solicitors for professional advice as soon as possible.

How and what must I prove to recover compensation?
To establish Medical negligence , you must prove that the treatment in question fell below the standard of a reasonably competent medical practitioner, that you have suffered an injury and that the injury was caused by the substandard care.

How much is my claim worth?
Unfortunately, it's usually impossible to value a medical negligence claim until we have received a medical report. The claim value will depend on the extent of your injuries, the consequences those injuries may have for the short and long-term and the extent of any financial losses and expenses suffered as a result.

Will I have to go to court?
The vast majority of medical negligence claims are resolved one way or another without the case ever going to trial in court. At Wake Smith our aim is to achieve a negotiated settlement. We are experienced in negotiating with the NHS and their solicitors. However, if it becomes necessary, we will protect your best interests by taking your case through the court system

How much will my medical negligence claim cost?
We offer a free initial consultation, without obligation, to discuss your situation. We will advise you of the steps you can take and the financial assistance which is available.

How long will my claim take?
This will depend on whether liability is admitted or not. In some cases, liability is admitted early on. If liability is not admitted and we believe the claim has good prospects of success, we will issue court proceedings and the matter will proceed to trial, in which case it is likely to take a minimum of three years to be resolved. Even after admission of liability for medical negligence, it can still take time to quantify all the consequential financial losses.

Contact Us

Get expert legal advice from one of Sheffield’s most respected law firms, Wake Smith Solicitors.

Our team of friendly, professional solicitors in Sheffield can provide support and advice in a wide range of areas for you and your business. Call our Sheffield Solicitors on 0114 266 6660 or fill out the simple form below and we will get back to you as soon as possible. 

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