Your Rights After A Medical Mistake

While thankfully rare, experiencing a medical mistake can be a deeply distressing time. Not only could you be left in discomfort, but it can also be an emotionally, physically and even financially draining experience. It can also be confusing to know where to turn to, which is where no-win, no-fee solicitors near you can help you get the compensation you deserve.

Here at Universa Law, we know that even the best medical practitioners can make mistakes, which is why our specialist clinical negligence service is designed to support you every step of the way.

What is medical negligence?

Medical negligence, or medical mistake, is the term given when a healthcare provider fails to deliver a reasonable standard of care resulting in an injury or suffering. This could be because of a misdiagnosis, surgical error or prescribing incorrect medication, all of which can have serious and life-changing consequences.

Our experienced personal injury lawyers in London will help hold these medical professionals to account, providing you with clear and compassionate guidance.

Can I claim compensation?

This is one of the most common questions asked, and as leading no-win, no-fee lawyers, we will be able to quickly determine whether you have a claim. In the UK, patients have the right to:

• Receive a duty of care Healthcare providers are legally obligated to offer a standard of care that prevents unnecessary harm.

• Make a complaint You have the right to file a formal complaint with the healthcare provider or relevant regulatory body to address the issue and prevent further occurrences.

• Seek compensation If negligence is proven, then you can claim compensation for the pain, suffering, loss of earnings and any future care needs. It is always recommended to use specialist accident injury lawyers to ensure you get the compensation you deserve.

Time Limit: It is important to note that there is typically a three-year limitation period for making a medical negligence claim. This period usually starts from the date the negligence occurred, or from the date you first became aware of the harm caused. However, exceptions may apply. For instance, if the affected individual lacks mental capacity, the three-year time limit does not begin unless or until they regain capacity.

The claims process

Once your no-win, no-fee lawyer has determined whether you have a case, you will then be able to begin the claims process. This will vary depending on the individual circumstances, but typically includes:

1. Initial Consultation Discuss your experience, medical history, and the specifics of the alleged negligence.

2. Evidence Gathering Your solicitor will begin to collect relevant medical records, witness statements, and expert opinions. Please note, this stage can take different amounts of time depending on the case complexity and there may be delays, particularly when waiting for medical records from healthcare providers.

3. Formal Allegation Letter A Letter of Claim is submitted to the healthcare provider, detailing the nature of the negligence and its impact.

4. Response Period The healthcare provider has up to four months to investigate and either admit or deny liability.

5. Resolution

   • If liability is admitted, a settlement may be negotiated outside of court.

   • If denied, your solicitor will advise on proceeding to trial to seek a judgment.

At Universa Law, we specialise in medical negligence claims. As one of the UK’s leading legal firms, our team is here to guide and support you through every step of your claim. If you believe you haven’t received the medical care you deserve, get in touch today.