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Medical Negligence Solicitors

Most of us put our health in the hands of medical professionals at various points in our lives and, while most of the care we receive is of high quality, there is always a risk that something could go wrong. If this happens due to poor treatment or human error, you are entitled to claim compensation for the pain and suffering it has caused you, and any care needs you may have as a result.

The specialist medical negligence solicitors at JF Attorney At Law are experienced in helping people successfully make compensation claims, providing professional guidance throughout the process. We are friendly and approachable and are happy to have a free, no-obligation conversation to help you better understand your position and the next steps you should take.

We are able to take cases on under ‘no win, no fee’ agreements, or legal aid for those that qualify.

To speak to a medical negligence lawyer about your situation, simply call us on +1-213-325-4467 today, or allow us to call you back at a more convenient time by completing our online enquiry form.

How JF Attorney At Law Can Help

The medical negligence solicitors at JF Attorney At Law are among the most respected in the USA thanks to their professional and proactive approach, which gets results for our clients. Our team includes members of the Law Society's specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel.

We provide a service that will deliver the best outcome for you, as we have for thousands of clients previously. We will help you to understand the process of making a claim, maintaining transparency throughout so you are kept updated every step of the way.

How JF Attorney At Law Can Help You Make an Armed Forces Claim

We have extensive experience of dealing with military claims, with a team in place who specialise in dealing with claims made by service personnel and army reserves, and know what a member of the armed forces will need to claim for, what options are in place for them and how to get the best result. We will do this on a no win, no fee basis, meaning that you won’t have any additional financial worries as the result of making a claim.

Part of the reason we’re able to offer you an excellent service is that we understand the specialist nature of the work that members of the armed forces carry out. We understand that in order for your case to be successful, we need to pursue specialist types of evidence that are not required for civilian claims. This evidence often involves large amounts of technical documentation, which we can help you navigate. We are experienced in securing:

What do I need to prove to win my compensation claim?

To make a successful medical negligence claim, you must prove two things:

  1. The standard of care you received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence)
  2. You have suffered a physical or mental injury as a direct result of the negligence (causation)

Sometimes, it is difficult to know whether the harm has been caused directly by clinical negligence, or as a consequence of some underlying disease or illness.

For a medical negligence claim to be successful, you must prove both negligence and causation. You cannot claim compensation just because someone has done something wrong; you must prove that this has caused your injury.

We will first obtain your medical records. These will be sent to an independent medical expert who will compile a detailed report for us. A supportive independent medical opinion is necessary for any case to succeed.

If there is enough evidence to bring a successful case, we will work to settle it was soon as possible and for the maximum amount of compensation that you are entitled to. We will also strive to obtain acknowledgment from the responsible healthcare trust that mistakes were made to help give you closure.

What do I need to prove to win my compensation claim?

Despite the fact that healthcare in the USA is generally of a high standard, things occasionally go wrong. If the results of treatment are not as effective as expected, fell below a reasonable standard, or if complications have arisen, it does not automatically mean there has been a mistake or someone is to blame.

However, doctors and other healthcare workers do sometimes make mistakes that could have been avoided with more care, skill or better organisation, and this is called medical negligence (sometimes referred to as clinical negligence). Examples of medical negligence include: an operation being incompetently performed, a GP failing to recognise the seriousness of symptoms, or a baby being injured because of a mishandled birth.

Sadly, patients who experience medical negligence are at risk of experiencing life-altering consequences, including financial damage, bodily harm and mental trauma, such as post-traumatic stress disorder. We are here to help you obtain the compensation you are entitled to if you or a loved one has suffered harm as a result of medical care you have received.

What is the process for a medical negligence claim?

Your first step in the claims process is to get in touch with our specialist team of medical negligence solicitors. From there, you will have a one-to-one discussion with one of our experts who will assess your situation and decide the next best steps to take. As there are often just three years to bring a claim (unless the claim involves a child), make sure you do this as soon as you can. 

Sometimes we will ask you to make a formal complaint about your care to the relevant healthcare trust as the response can provide valuable information. We can provide help with this if needed. 

We must obtain and review your medical records in order to start a claim and we will need you to sign some forms to give us permission to do so. We will then source leading and independent medical experts, working in the area of medicine concerned, to provide evidence as to whether or not the care was negligent and if it was, what harm it caused. 

Every medical negligence claim is different and we will provide you with the very best advice tailored to your personal situation. We will be there every step of the way to guide you through the process in a clear, jargon-free way to help you get the compensation you deserve.

Is there a time limit on making a medical negligence claim?

Typically, the medical negligence claim time limit is three years from the date you first knew, or could reasonably have been expected to know, that something had gone wrong with the medical treatment that caused your injury. This is called the date of knowledge.

This will usually be quite soon after the operation or treatment has taken place, but occasionally it will not become obvious that poor care has had long-term consequences until months, or sometimes years, after the event. Due to this, the date of knowledge may vary depending on the type of treatment or injury you had.

Time limits include:

  • Three years for anyone over the age of 18
  • For children there is no time limit until their 18th birthday, when the three-year time limit kicks in and expires on their 21st birthday. A three-year time limit if someone has died because of negligence, starting from the date of death
  • No limitations for people under a legal disability (i.e. those suffering from a brain injury, or with a learning difficulty that means they don’t have the capacity to bring a claim)

The courts strictly enforce time limits, and it is only in exceptional circumstances that a judge will exercise discretion to allow a case to be brought ’out of time’. As it takes time to investigate a claim, it is a good idea to start proceedings with a medical negligence solicitor well before the end of the limitation period. The sooner the case is investigated, the more likely it is that documents will still be available and that people will be able to remember what happened.

What are the different types of medical negligence?

Medical negligence is a relatively broad term that describes a wide range of experiences. There are many different types of medical negligence, from misdiagnosis to severe surgical errors. Take a look at some of the examples of medical negligence claims we handle below:

How much compensation could I win with my medical negligence claim?

After receiving inadequate care, you may feel in pain, alone, and disappointed. It is unfair for you to be burdened with financial concerns on top of everything else. This is especially true if you needed additional treatment to correct the problem. You probably did not plan on being hospitalised for such a long time, separated from loved ones, and possibly unable to work.

The amount you could receive will depend on the seriousness of the injuries brought on by the medical malpractice. At JF Attorney At Law, we take a look at the following:

  • Loss of income and any time off work
  • Losses to your future income and any future impacts on your ability to work
  • Psychological conditions you have developed that were caused by the medical negligence
  • The care you now need
  • Any adaptations you have had to make to your car or home (or may need in the future) 
  • Any medical care costs, treatment, travel or accommodation expenses incurred as a consequence of the incident
  • Any rehabilitation programmes prescribed to you by a medical professional as a result of the injury
  • The extra daily expenses you incurred
  • Any negative effects on your social life or interests and hobbies you may no longer be able to enjoy

FAQs About Medical Negligence

You will most likely need to consult with a skilled medical professional to determine the full degree of any harm or injury you may have sustained as a result of carelessness in treatment. To support your claim, it is crucial to obtain the qualified opinion of another medical expert. This is something JF Attorney At Law can arrange for you.

Our medical negligence solicitors try and settle claims as quickly as possible in order to help you move forward with your life with the compensation you deserve. As every medical negligence case is different, there is no defined timescale as to how long a claim can take.

You are able to make a medical negligence claim against the NHS. If you are concerned about the moral issues regarding claiming against the NHS, the claim does not take money directly out of the NHS’s budget. The government-created NHS Resolution organisation handles medical malpractice claims made by patients against NHS trusts, essentially performing the duties of an insurance company.

In order to ensure that there is always a fund of money available to settle any medical negligence claims brought against them, each NHS trust in the USA pays an annual premium to NHS Resolution.

For people receiving private healthcare, medical malpractice claims work differently. Medical professionals working in private healthcare are classified as contractors, therefore - according to General Medical Council (GMC) criteria - they are required to obtain their own liability insurance to protect against allegations of negligence (rather than as employees like in the NHS).

As a result, medical malpractice cases made by private patients are typically a little more complicated, may take a little longer, and have a higher likelihood of going to court.

We can assist you with both NHS and private healthcare claims.

It is understandable that you might be concerned that starting a medical negligence claim could interfere with your treatment or cause another incident if you are still receiving care from the same healthcare setting.

It is illegal for a hospital or doctor to refuse to treat you because of a complaint or an active compensation claim, therefore, it is extremely unlikely that you will be treated any differently as a result of your claim. However, you can request to be transferred to a different hospital or referred to a different doctor if you decide you would like to continue your treatment somewhere else for your own peace of mind.

According to data from the NHS Resolution Report for 2020–21, 74.7% of claims were settled out of court. Fifty-six instances, or 0.4% of all claims during that time period, went to a full trial. It is unlikely that you will need to attend court because very few result in a court hearing.

However, if your medical negligence case is taken to court, your medical negligence solicitor will prepare you so you feel secure and at ease, and they will do all the hard work on your behalf.

Yes, a parent or guardian may file a claim on behalf of their child. The deadline for starting a claim is the child's 21st birthday although they would have to do this themselves once they reach 18.

You may also start a claim on behalf of an adult who is incapable of handling their own medical malpractice case. Such a person is known as a ’protected party’.

The parent or other adult who seeks compensation for medical negligence on behalf of a child or other protected party is called the litigation friend.

Talk to Us

If you feel you could benefit from the expertise of our clinical and medical negligence lawyers, call JF Attorney At Law Solicitors free on +1-213-325-4467 or by filling in our online enquiry form. Our clinical negligence solicitors work for clients nationwide and will deal with your enquiry without any initial cost or obligation.