Medical negligence and medical malpractice FAQs

Frequently asked questions

We know the claims process can feel confusing, which is why we’ve answered some of the most common questions to help you feel more informed and in control.

To have a valid medical negligence claim, you must be able to demonstrate that your healthcare provider breached their duty of care through their actions or inactions, and that this breach caused you direct harm. If you believe you have a case for medical negligence or would just like some advice, we can assess your case and offer a free no-obligation consultation.

During this initial discussion, we’ll listen carefully to what happened and assess whether you have grounds for a claim. If your case proceeds, our specialist medical negligence solicitors will handle everything for you, gathering medical records, consulting independent experts to confirm negligence, and building a strong case to prove the harm you’ve suffered was avoidable. You won’t have to worry about the legal complexities; our team will keep you informed and supported throughout the entire process.

Every case is different, so the time it takes to resolve your claim will depend on its complexity and whether the NHS or another defendant admits fault early on. Some straightforward cases may settle within months, while more complex claims, particularly those involving severe harm, can take longer, sometimes a number of years. The Medical Law Partnership Solicitors will always aim to resolve your case as quickly as possible while ensuring you get the full compensation you deserve. We’ll keep you updated at every stage, so you’re never left wondering what’s happening with your claim.

The Medical Law Partnership Solicitors has the expertise and compassion to help you secure both justice and the financial support you need to move forward.

At The Medical Law Partnership, we typically work on a “no win, no fee” basis (also known as a Conditional Fee Agreement). This means you won’t pay any upfront legal fees, and our costs are only payable if your claim is successful. If your claim doesn’t succeed, you won’t owe us anything. Our priority is to make the legal process as straightforward and stress-free as possible for you. We’ll handle all the details, keep you updated at every stage, and ensure you understand your options without any pressure.

Many people fear that making a claim will result in a lengthy and stressful court battle. But in reality, most medical negligence claims are settled through out of court negotiations. Only in occasions where negotiations fail, will the case need to enter court proceedings. If this happens, your dedicated solicitor will always go through the next steps with you.

In short, yes you can pursue a medical negligence claim on behalf of someone else. There are certain circumstances this refers to:

  • Under 18’s: You can raise a claim for a child under 18 who has been injured due to neglectful care or inappropriate medical treatment.
  • Adults: You can raise a claim for an adult who is unable to manage their own legal affairs due to mental incapacity (e.g., due to a brain injury, mental illness)
  • Deceased Individuals: You can raise a claim if medical negligence has caused someone’s death, close family members may be able to claim on behalf of the deceased.

The amount of compensation you may receive depends on the severity of the harm caused and how it has impacted your life. Compensation can cover several areas, including pain and suffering, any additional medical treatment you’ve needed, lost earnings if you’ve been unable to work, and future care costs if your injury requires long-term support. In some cases, if the negligence has led to significant life changes, such as permanent disability, the compensation will reflect that. The Medical Law Partnership Solicitors will always work hard to ensure you receive a settlement that fully addresses the physical, emotional, and financial consequences of the negligence.

Still have questions?

Not everything fits into a quick answer, and your story might be different. Get in touch and we’ll talk it through, no obligation.

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