This is a guide on the how working with a medical negligence solicitor for Cardiff could help you when seeking compensation for avoidable harm sustained in a medical setting.
How To Claim Using A Medical Negligence Solicitor For Cardiff
All medical professionals have a duty of care to their patients. This means they must provide an adequate standard of care to their patients. If this is breached, a patient may suffer harm that could have been avoided. This guide will explore how this could occur and when a claim could be made.
Additionally, we will discuss the steps you can take to support your potential claim including gathering evidence and seeking legal advice.
It will also discuss the compensation payout that could be awarded should a successful claim be made and how this can address the pain and suffering experienced.
To learn more, you can get in touch with our advisors by:
- Calling 0113 460 1216
- Filling out the ‘contact us’ form on our website
- Chatting with one of our advisors by using the live chat feature below.
Choose A Section
- What Are The Benefits Of Using A Medical Negligence Solicitor For Cardiff?
- When Are You Eligible To Make A Medical Negligence Claim?
- What Evidence Could Be Used In Medical Negligence Claims?
- What Medical Misdiagnosis Compensation Could Be Received From A Successful Claim?
- Why Choose A Medical Negligence Solicitor For Cardiff From Our Panel?
- Learn More About Working With A Medical Negligence Solicitor For Cardiff
What Are The Benefits Of Using A Medical Negligence Solicitor For Cardiff?
Whilst you don’t need to work with a solicitor to help you put forward a claim, there are several benefits of doing so. For example, they can help with:
- Collecting evidence to help support your claim.
- Speaking with witnesses for statements.
- Providing you with updates on the case.
- Valuing your claim.
- Giving you a realistic timescale of how long your claim could take.
- Presenting and building your case effectively.
You may think you need to choose a medical negligence solicitor in Cardiff to represent your claim. However, this is not necessarily the case. Instead, you can focus on ensuring your solicitor has experience handling claims similar to your own. Also, you could prioritise finding a solicitor who offers their services on a No Win No Fee basis as this generally means you won’t pay for their services upfront or while your claim proceeds.
The solicitors from our panel can work with claimants across the country and have experience in medical negligence claims. They can also offer a type of No Win No Fee agreement which provides several financial benefits.
You can get in touch with us by using the contact information above to find out more about how a solicitor from our panel could help and whether you’re eligible to have them represent your potential claim.
When Are You Eligible To Make A Medical Negligence Claim?
As mentioned above, medical professionals owe a duty of care to their patients. In some cases, they might fail to uphold this duty by providing care that falls below the expected standard. For example:
- Medical misdiagnosis – A person is incorrectly diagnosed, despite exhibiting clear symptoms of another condition. As a result, there original condition worsens due to receiving delayed treatment. In other cases, they could receive unnecessary medical treatment for a condition they do not have.
- Birth injury – A mother sustains traumatic injuries during birth after a midwife uses unnecessary and excessive force. Alternatively, a baby develops cerebral palsy due to a lack of oxygen during the birthing process.
- Medication error – The incorrect prescription is given leading to a person taking the wrong medication which causes adverse side effects.
However, not all incidents of harm suffered while receiving medical care will lead to a claim. In order to seek compensation, you must prove that medical negligence occurred. This involves:
- A medical professional owing you a duty of care
- The medical professional breaching this duty
- You experiencing unnecessary harm as a result.
To find out whether you’re eligible to make a medical negligence claim, please get in touch using the number at the top of the page. An advisor can provide a free case assessment and answer any questions you might have regarding your potential claim.
What Evidence Could Be Used In Medical Negligence Claims?
When making a medical negligence claim, it’s important to gather evidence of a medical professional providing a substandard level of care and causing you to suffer avoidable harm as a result. The evidence you could gather includes:
- Hospital reports
- Prescriptions
- Doctor reports
- Diagnosis letter
Additionally, you could be invited to attend a medical appointment that is completed by an independent medical professional. A medical report detailing the extent of the harm you have experienced can be produced. This can be used as evidence to support your case.
Is There A Time Limit When Claiming For Medical Negligence?
You generally need to start your medical negligence claim three years from the date of medical negligence occurs, or the date that you realised a medical professional had breached their duty of care and caused you avoidable harm. This is outlined in The Limitation Act 1980.
In some instances, a claim could be started outside of this time limit. For example:
- The time limit is paused for a person who is harmed while under the age of 18. A suitable person could apply to the courts to act as a litigation friend and launch the claim on their behalf. However, if this is not done, the child will have three years from when they turn 18 to make their own claim.
- The time limit is indefinitely suspended for a person who has a reduced mental capacity to start their own claim. An appointed litigation friend can launch the claim on their behalf. However, if they recover their mental capacity and no claim has already been made for them, the time limit will start from the date of their recovery.
A medical negligence solicitor for Cardiff can ensure you put forward your case within the relevant time limits. To learn more, please get in touch with an advisor. They can answer any questions you might have about the exceptions and how a solicitor can help.
What Medical Misdiagnosis Compensation Could Be Received From A Successful Claim?
There are two potential heads of claim that can make up a medical negligence payout. These are:
- General damages: This head of claim seeks to compensate for the pain and suffering caused due to medical negligence.
- Special damages: This head of claim seeks to compensate for the financial losses caused due to medical negligence.
Below is a table detailing guideline compensation brackets that correspond to different types of harm. These figures come from the Judicial College Guidelines. A medical negligence solicitor for Cardiff can use these figures to help value general damages.
Note that the below figures are only estimates and are in no way guaranteed. This is due to the many different variables considered when valuing general damages.
| Type Of Harm | Compensation | Notes |
|---|---|---|
| Bladder (b) | Up to £140,660 | Control and function are completely lost. |
| Bladder (c) | £63,980 to £79,930 | Control is seriously impaired alongside pain and incontinence. |
| Kidney (a) | £169,400 to £210,400 | Both kidneys are lost or seriously and permanently damaged. |
| Kidney (b) | Up to £63,980 | Significant risk of future urinary tract infection or another loss of kidney function. |
| Bowels (c) | In the region of £79,920 | An injury from giving birth causes faecal urgency and incontinence as well as embarrassment and distress. |
| Spleen (a) | £20,800 to £26,290 | Loss of spleen with a continuing risk of internal infection. |
| Male Reproductive System (a) | In excess of £153,870 | The reproductive organs are totally lost. |
| Male Reproductive System (d) | £56,080 to £71,350 | A case of sterility that is uncomplicated, there is no impotence or other aggravating features. |
| Female Reproductive System (a) | £114,900 to £170,280 | This bracket includes an ectopic pregnancy that was not diagnosed in a younger person causing infertility and other medical complications. |
| Female Reproductive System (c) | £56,080 to £71,350 | Cases of infertility in a young person without children. |
Special Damages Compensation In Medical Negligence Cases
Special damages are another head of claim that aims to reimburse a person for any financial losses they’ve accrued because of medical negligence. Some examples of these losses include:
- Loss of earnings
- Cost of care
- Medical expenses
When claiming back any monetary losses, it’s important to provide evidence, such as payslips and receipts.
For more information on the medical negligence compensation you could receive following a successful claim, please get in touch using the number above.
Why Choose a Medical Negligence Solicitor For Cardiff From Our Panel?
You can contact us at any time by using the information below for advice on making a medical negligence claim. If you have a valid claim, one of the solicitors from our panel could be appointed to begin working on your case. They can offer their services under a specific type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA).
Solicitors working under a CFA will generally not expect a payment for their services upfront, while the claim proceeds or if the claim fails.
If the claim succeeds, you will pay a fee from your compensation. This is known as a success fee and is legally capped by the Conditional Fee Agreements Order 2013.
Contact Us For Free Today About Starting A Medical Negligence Claim
You can contact us for free at any time to find out more about whether you could work with a medical negligence solicitors for Cardiff from our panel. An advisor can also assess the validity of your claim and answer any questions you may have after reading our guide.
You can get in touch by:
- Calling 0113 460 1216
- Filling out the ‘contact us’ form on our website
- Chatting with one of our advisors by using the live chat feature below.
Learn More About Working With A Medical Negligence Solicitor For Cardiff
Please find more of our medical negligence guides below:
- How To Claim for Maternity Negligence
- No Win No Fee Medical Negligence Solicitors For Leeds
- Deaths From Medication Errors – Can You Claim?
Additionally, you can follow these external links to learn more.
- NHS Resolution – Annual Report 2021
- General Medical Council – Good Medical Practice For Doctors
- General Pharmaceutical Council – Reporting Concerns
If you have any other questions about the benefits of working with a medical negligence solicitor for Cardiff, please get in touch on the number above.
Writer Louis Pocket
Editor Meg McGloughlin
