Medical Negligence
Your FAQs

A. In order to succeed in a claim for clinical negligence, you must be able to show that those treating you fell below an acceptable standard of care (‘breach of duty’) and that those failings caused or materially contributed to your injury (‘causation’).

When you first contact Attwaters Solicitors Medical Negligence Team we will go through what happened to you or your loved one and provide our initial advice regarding whether we think you have a claim. We also work closely with a nurse advisor who can assist us in reviewing the preliminary information.

If we take the claim on, we will then gather all the relevant evidence to establish the claim. This will include medical records and reports from experts commenting on the treatment.

A. At your very first free consultation and assessment of your case with us, the Attwaters Medical Negligence team will clearly explain the various options that may be available to help you fund your claim.

There are a number of ways in which we can fund your claim including:

• Conditional Fee Agreement (CFA) – commonly known as a ‘no win, no fee’ agreement.
• Legal Aid – (this is only available in very limited circumstances in medical negligence)
• A complex case may require a contribution to investigation costs which are recoverable from the defence if your case is successful – but we usually fund cases with merit ourselves
• Occasionally, existing legal expense insurance or private payment may be used
• Private funding

Most of our cases are funded by way of a CFA but we will provide full advice and details of funding when we take on your claim.

A. Medical negligence cases may be complex, so bringing a claim is often time-consuming at each step of the process.

The initial liability stages of a claim on average can take around 18 months to complete. If Court proceedings are required, a case can take a further 12-18 months to conclude. An average case taken around 3-5 years to resolve.

If the facts are straightforward and the impact on the patient is not severe, a case may be concluded within 6 months but such cases tend to be exceptional.

The Attwaters Medical Negligence team pledges to provide you with a realistic timescale estimate for your claim at the outset and to keep you regularly updated on any adjustments to this as the case progresses. In addition, we will strive to seek an admission of liability as early as possible so we can try and resolve the matter in a timely manner.

A. There are strict time limits for bringing a claim for medical negligence. This is called the limitation period.

For adults, you have three years from the date of the alleged negligent treatment or three years from the date when you first realised that your treatment was negligent, whichever is the later, to start court proceedings to pursue a claim.
For minors, the three-year period starts to run on their 18th birthday. No time limit applies for someone with continuing mental incapacity.

When someone dies as a result of medical negligence, you have three years from the date of death to bring the claim. However, the death must have occurred within 3 years of alleged negligent treatment.

A. Most providers offer an exemplary service and are committed to high quality healthcare; but occasions arise where treatment or care is below an acceptable standard and can result in life-changing injuries and financial hardship or even death.

Causes for legal action may arise from everyday care or minor treatment as well as from major medical procedures.

The Attwaters Medical Negligence team has successfully pursued claims against many and varied treatment providers, including:

• NHS and private hospitals
• Private clinics
• Hospital doctors and surgeons
• General practitioners
• Nurses
• Dental surgeons
• Osteopaths and physiotherapists
• Opticians
• Psychiatrists and psychologists
• Cosmetic beauty practitioners