Clinical Negligence

As a patient, you place immense trust in medical professionals. When that trust is breached due to negligent care, the consequences can be devastating, impacting not only physical health but also emotional wellbeing and financial stability.

At Cooklaw Solicitors, we understand the profound impact of clinical negligence and are committed to providing compassionate and expert legal representation to those who have suffered as a result. 

We believe in empowering our clients, guiding them through the legal process with clarity and empathy. 

For advice, call us on 0191 567 7244 and we’ll be happy to help you. 

You can also email info@cooklaw.co.uk or complete our free online enquiry form, and we will be in touch with you as soon as possible.  

What is clinical negligence?

When healthcare providers, whether individuals or institutions, fall short of the required standard of care they owe to patients, and this directly results in harm or the deterioration of a patient’s condition, it constitutes clinical negligence. This can encompass a range of failures, including improper practices, oversights, flawed decisions, and other avoidable incidents. 

The defining characteristic of clinical negligence is its preventability. These errors or lapses in judgment are not unavoidable; they stem from a failure to adhere to established protocols or to take appropriate actions in a given situation. 

If adherence to established medical standards or correct procedures would have prevented patient injury or harm, and these actions were not taken, a clinical negligence claim could be made. 

The critical factor is that the harm suffered by the patient is a direct consequence of the healthcare provider deviating from accepted medical practice.

Common examples of clinical negligence

• Delayed or inadequate treatment 

A failure to provide timely and appropriate treatment that significantly worsens a patient’s condition, leading to the necessity for more extensive interventions or rehabilitation. In severe instances, this may result in irreversible damage or even fatal outcomes.  

• Infections and hygiene failures 

Proper infection control and judicious antibiotic use are essential. Medical negligence in this area often arises from lapses in hygiene within healthcare facilities, or from the failure to accurately diagnose and treat infections. 

• Birth-related injuries 

Clinical negligence during childbirth could involve a failure to appropriately monitor foetal distress during labour, resulting in delayed intervention and subsequent oxygen deprivation, which can cause cerebral palsy. Similarly, neglecting to promptly address signs of maternal infection, or errors during a caesarean section can lead to serious illness or injury.  

• Anaesthetic errors 

Errors in administrating anaesthetic can arise from a failure to adhere to established protocols, such as inadequate pre-operative assessments, incorrect dosage calculations, or improper monitoring during the procedure, resulting in complications or injuries. 

It’s important to note that the examples provided are not exhaustive. Clinical negligence can occur in a multitude of healthcare settings and take various forms. It can manifest in many ways, and any instance where a healthcare professional’s failure to provide adequate care results in patient harm may constitute grounds for a claim.

Understanding your rights and entitlements 

When you or a loved one has experienced harm due to clinical negligence, it’s crucial to understand that you have legal rights designed to protect you.  

The law establishes that healthcare professionals owe a duty of care to their patients. This means they are legally obligated to provide a standard of care that a reasonably competent professional would provide in similar circumstances. It also recognises that medical errors can have profound and lasting consequences, impacting every aspect of the patient’s life.  

If you have suffered because of clinical negligence, you may be entitled to compensation for: 

• The physical and/or emotional pain you have endured 

• Any income you have lost or will lose because of your injuries 

• Past and future medical expenses, including rehabilitation and care costs 

• Care and support you require due to the medical negligence 

• Adaptations needed to your home 

The clinical negligence claims process 

Navigating the legal process of a clinical negligence claim can be complex. We will guide you through each stage, ensuring that you are fully informed and supported.  

Step one: Initial consultation 

One of our solicitors will listen carefully to your account of what happened, including the details of the medical treatment you received and the resulting harm.    

They’ll ask specific questions to gain a clear understanding of the timeline of events, the medical professionals involved, and the impact the medical negligence has had on your life. 

You’ll be asked to provide any relevant documentation, such as medical records, if you have them. We’ll also outline the steps involved in pursuing a clinical negligence claim. 

Step two: Evidence gathering 

This stage is critical, as it forms the foundation upon which your case will be built. We will formally request your complete medical records from all relevant healthcare providers, including hospitals, clinics, GPs, and specialists.  

We will scrutinise the sequence of events, identify any deviations from accepted medical standards, and note any inconsistencies or omissions that may indicate negligence. 

We will engage with experts to analyse medical records and gather statements from any witnesses. We will also collate financial records and photographic or video evidence if applicable.  

Step three: Letter of Claim 

Once we have gathered sufficient evidence, we will send a Letter of Claim to the healthcare provider, outlining the details of your claim and demanding compensation. This formal notification serves as the official start of legal proceedings and puts the provider on notice of our intent to pursue your case. 

Step four: Negotiation and settlement

We will negotiate with the healthcare provider or their insurers to seek a fair and just settlement. We will strive to secure the maximum compensation you are entitled to, engaging in detailed discussions and presenting robust evidence to support your claim. 

Step five: Court proceedings 

If a settlement cannot be reached through negotiation, we will initiate court proceedings to formally pursue your claim. We have extensive experience in representing clients in court and will advocate strongly for your rights, presenting the evidence necessary to achieve a just outcome. 

The importance of acting promptly 

If you believe you or a loved one has been a victim of clinical negligence, it is crucial to seek legal advice as soon as possible. The law imposes strict time limits, known as limitation periods, on these types of claims. Delaying your inquiry could result in the expiration of your right to seek compensation, regardless of the severity of the negligence or the impact of your injuries. 

In most cases, you must initiate legal proceedings within three years of the date of the negligent act or the date you first became aware of the harm caused by that act. However, exceptions exist, particularly in cases involving children or individuals lacking mental capacity. Furthermore, the complexities of medical diagnoses and delayed onset of symptoms can make it challenging to pinpoint the precise date when negligence became apparent. 

Seeking swift legal advice ensures that your claim is thoroughly evaluated within the applicable time frame. Our specialist Clinical Negligence/Personal Injury team can provide clear guidance on the necessary steps to protect your rights. This proactive approach not only safeguards your ability to pursue compensation but also allows preserves critical evidence, which may deteriorate over time. 

Our expert clinical negligence team is here to help

Embarking on any legal claim, particularly one involving medical negligence, can be an incredibly daunting experience, often compounded by the emotional and physical trauma you’ve already endured.

We understand that you’re not just facing a legal process but also grappling with the aftermath of a deeply personal and often distressing event.  

That’s why we strive to simplify the process for you, providing not only expert legal guidance but also a compassionate and supportive environment where you feel heard, understood, and respected.  

Our friendly and approachable team can: 

• Provide a free initial evaluation of your situation 

• Explain the available claim funding options 

• Offer transparent and straightforward guidance throughout the whole process 

We recognise the importance of securing appropriate compensation following a traumatic medical experience. Our primary objective is to ensure your financial settlement adequately addresses your future needs, including medical treatment, necessary equipment, and ongoing care. 

Furthermore, we understand the importance of obtaining answers. Pursuing a claim can provide recognition of the profound impact this experience has had on your life, encompassing psychological and emotional distress as well as physical injuries. We are committed to helping you uncover the circumstances surrounding the incident and to advocate for measures that prevent similar errors in the future. 

In many instances, we can support clinical negligence claims through a ‘no win, no fee’ basis. This means you will not incur upfront costs and will only pay fees if your claim is successful. Upon a successful resolution, your legal fees will be settled from your awarded compensation. 

Contact us 

Take the first step towards seeking justice and rebuilding your life. Contact us for a free, confidential consultation. We’ll provide the information and support you need to understand your rights and pursue your claim with confidence.