Medical Negligence Claims

When we seek medical treatment, we place our trust in healthcare professionals to help us, not harm us. Sadly, medical negligence does occur - and when it does, the consequences can be devastating. At MCR Solicitors in Manchester, our specialist medical negligence team helps patients and their families seek justice and compensation when healthcare goes wrong.

Medical negligence claims are among the most complex areas of personal injury law, requiring specialist legal knowledge and access to independent medical experts. Our experienced solicitors have the expertise to navigate these challenging cases and secure the compensation you deserve.

We handle medical negligence claims on a No Win, No Fee basis wherever possible, meaning you face no financial risk in pursuing your claim.

What is Medical Negligence?

Medical negligence (also called clinical negligence) occurs when a healthcare professional provides treatment that falls below the standard expected of a reasonably competent professional in that field, and this substandard care causes harm to the patient.

Not every bad outcome is negligence. Medicine involves inherent risks, and sometimes things go wrong despite the best care. However, when healthcare professionals make avoidable errors that cause injury, patients have the right to claim compensation.

The Legal Test

To succeed in a medical negligence claim, you must prove three things:

1. Duty of care - The healthcare provider owed you a duty of care (this is usually straightforward to establish)
2. Breach of duty - The treatment fell below the standard expected of a competent professional (this is judged against what a responsible body of medical opinion would consider acceptable)
3. Causation - The breach of duty caused your injury or made your existing condition worse (this is often the most difficult element to prove)

Types of Medical Negligence

Medical negligence can occur in any healthcare setting, from GP surgeries to major hospitals. We handle all types of clinical negligence claims:

Surgical Errors

Mistakes during surgery can have catastrophic consequences. We handle claims involving:

• Wrong site surgery (operating on the wrong body part)
• Surgical instruments or swabs left inside the body
• Damage to nerves, blood vessels, or organs during surgery
• Inadequate post-operative care and monitoring
• Unnecessary surgery
• Failure to obtain proper informed consent

Misdiagnosis and Delayed Diagnosis

A delayed or missed diagnosis can allow conditions to worsen significantly, reducing treatment options and survival rates. Common examples include:

• Cancer misdiagnosis - Failing to diagnose cancer or diagnosing it late, when earlier treatment could have improved outcomes
• Heart conditions - Missing signs of heart attack or heart disease
• Stroke - Failing to recognise stroke symptoms quickly enough
• Infections - Including sepsis, meningitis, and necrotising fasciitis
• Cauda equina syndrome - A medical emergency requiring urgent treatment
• Ectopic pregnancy - Can be life-threatening if not diagnosed promptly

Birth Injuries

When negligent care during pregnancy, labour, or delivery causes injury to mother or baby, the consequences can be life-changing. We handle claims involving:

• Cerebral palsy - Often caused by oxygen deprivation during birth
• Erb's palsy - Nerve damage during difficult deliveries
• Brain injuries - Caused by delayed delivery or failure to perform emergency caesarean section
• Maternal injuries - Including severe tears and injury from instrumental delivery
• Stillbirth - When negligent care contributes to the death of a baby

Birth injury claims can result in substantial compensation to provide for a child's lifelong care needs.

GP Negligence

Your GP is often the first point of contact with the NHS and plays a crucial role in identifying conditions and making referrals. GP negligence includes:

• Failure to refer to specialists when symptoms warranted investigation
• Delayed diagnosis of serious conditions including cancer
• Prescribing errors including wrong medication or dosage
• Failure to order appropriate tests
• Failure to follow up on abnormal test results
• Inadequate medical records

Dental Negligence

Dental treatment errors can cause significant pain and lasting damage. We handle claims for:

• Damage to nerves during extractions or procedures
• Failure to diagnose oral cancer
• Unnecessary extractions
• Poorly fitted crowns, bridges, or dentures
• Orthodontic treatment errors
• Infections following treatment

A&E and Hospital Negligence

Emergency departments and hospitals can be pressured environments, but patients deserve competent care. We handle claims involving:

• Missed or delayed diagnosis of serious conditions
• Failure to admit patients who needed hospitalisation
• Medication errors
• Hospital-acquired infections including MRSA and C. difficile
• Falls in hospital
• Pressure sores (bedsores)
• DVT and pulmonary embolism

Proving Medical Negligence

Medical negligence claims require expert evidence from independent medical professionals. This typically involves:

Obtaining Medical Records

We will obtain your complete medical records from all relevant healthcare providers. These records are essential for understanding what happened and identifying where care fell short.

Independent Medical Experts

We instruct independent medical experts in the relevant specialty to review your care and provide a written opinion on:

• Whether the treatment you received met acceptable standards
• If not, how the treatment fell short
• Whether the substandard care caused or contributed to your injury
• What your prognosis is and what treatment you may need in future

The Bolam Test

Medical negligence is judged against the Bolam test: whether the treatment was in accordance with a practice accepted as proper by a responsible body of medical opinion. However, the court can reject an opinion that is not logically defensible (the Bolitho modification).

Compensation for Medical Negligence

Medical negligence compensation can be substantial, particularly in cases involving serious injury or where ongoing care is needed. Compensation covers:

General Damages

• Pain and suffering from the injury caused by negligence
• Loss of amenity (impact on your quality of life)
• Psychological trauma, anxiety, and depression
• Loss of life expectancy where applicable

Special Damages

• Loss of earnings - Past and future income lost due to your injury
• Cost of care - Professional carers or family members providing care
• Medical treatment - Private treatment, therapy, and rehabilitation
• Aids and equipment - Wheelchairs, hoists, and other necessary items
• Accommodation - Adapted housing or modifications to your home
• Transport - Adapted vehicles or additional transport costs
• Court of Protection costs - Where a deputy is needed to manage affairs

Compensation Examples

Whilst every case is different, medical negligence claims can result in significant awards:

• Cerebral palsy - Often multi-million pound settlements to fund lifetime care
• Spinal cord injury - ¶œ1 million to over ¶œ10 million depending on severity
• Delayed cancer diagnosis - Varies widely depending on impact; can be hundreds of thousands
• Surgical nerve damage - ¶œ10,000 to over ¶œ200,000 depending on severity

Time Limits for Medical Negligence Claims

You generally have 3 years from the date of the negligent treatment or 3 years from the date of knowledge (when you first knew or should have known that you had suffered injury due to negligence) to start court proceedings.

Date of Knowledge

The date of knowledge is particularly important in medical negligence cases because:

• You may not immediately realise that your treatment was substandard
• Symptoms of negligent care may take time to manifest
• You may not connect your condition to previous treatment

The clock starts ticking when you know (or should reasonably know) that you have a significant injury, that it was caused by the treatment you received, and that the treatment may have been negligent.

Special Rules

• Children - The 3-year period does not start until the child turns 18. Claims can be brought by a parent on behalf of a child at any time before their 21st birthday.
• Mental incapacity - If someone lacks mental capacity to manage their affairs, the 3-year period does not run whilst they remain incapacitated.
• Fatal cases - Different time limits apply for claims arising from death caused by negligence.

NHS vs Private Healthcare

You can claim compensation for medical negligence whether your treatment was provided by:

NHS Treatment

Claims against NHS hospitals, GPs, and other NHS services are handled through NHS Resolution (formerly the NHS Litigation Authority). The NHS has a duty to investigate complaints and compensate patients where negligence occurred. Claiming against the NHS does not affect your right to future NHS treatment.

Private Healthcare

Private hospitals, clinics, and practitioners carry professional indemnity insurance to cover negligence claims. The claims process is similar to NHS claims, though there may be different insurers and defence organisations involved.

Our Approach to Medical Negligence Claims

Medical negligence cases require a careful, methodical approach:

Step 1: Free Initial Assessment

Contact us for a free, no-obligation discussion of your case. We will listen to what happened, ask questions, and give you an honest assessment of whether you may have a viable claim.

Step 2: Investigating Your Claim

If we believe you have a potential claim, we will:

• Obtain your complete medical records
• Instruct independent medical experts to review your care
• Analyse the expert evidence to determine if negligence occurred

Step 3: Letter of Claim

If the expert evidence supports your claim, we will send a detailed Letter of Claim to the healthcare provider, setting out the allegations of negligence and the injuries caused.

Step 4: Investigation and Response

The defendant has 4 months to investigate and respond, either admitting or denying liability.

Step 5: Valuing Your Claim

We will obtain further medical evidence to assess your injuries, prognosis, and future needs, enabling us to calculate the full value of your claim.

Step 6: Negotiation or Court Proceedings

We will negotiate firmly to achieve fair compensation. If settlement cannot be reached, we will issue court proceedings and, if necessary, take your case to trial.

Frequently Asked Questions

How do I know if I have a medical negligence claim?

You may have a claim if you received medical treatment that fell below acceptable standards and this caused you injury or made your condition worse. Contact us for a free assessment - we will obtain expert medical opinion to determine if negligence occurred.

How long do medical negligence claims take?

Medical negligence claims are typically more complex than other personal injury claims and can take 2-4 years or longer to resolve. We will keep you informed throughout and work to progress your claim as efficiently as possible.

Will I have to go to court?

Most medical negligence claims settle through negotiation without a court hearing. Only a small percentage of cases proceed to trial. If your case does go to court, we will prepare you thoroughly and represent you throughout.

Will claiming affect my NHS treatment?

No. Making a claim against the NHS does not affect your right to receive NHS treatment. Healthcare professionals are prohibited from treating you differently because you have made a claim.

Can I claim if a family member died due to negligence?

Yes. If a family member died due to medical negligence, you may be able to bring a claim on behalf of their estate and, in some cases, claim damages for your own loss (bereavement damages, dependency claims).

What if I signed a consent form?

Signing a consent form does not prevent you from claiming if the treatment was negligent. Consent forms acknowledge the inherent risks of treatment, not the risk of substandard care.

How much will the claim cost me?

We handle most medical negligence claims on a No Win, No Fee basis. If your claim is unsuccessful, you will not pay our legal fees. If successful, a success fee is deducted from your compensation.

What if the hospital says nothing went wrong?

Hospitals often deny negligence initially. We will instruct independent medical experts to review your care objectively. The expert evidence, not the hospital's assertions, will determine whether you have a valid claim.

Contact Our Medical Negligence Solicitors

If you believe you or a family member has suffered due to medical negligence, contact MCR Solicitors today for a free, confidential consultation. Our specialist medical negligence team has the expertise and compassion to handle your case with the care it deserves.

Call us now: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

We understand that pursuing a medical negligence claim can feel daunting. Our experienced team will guide you through every step of the process, fighting for the answers, accountability, and compensation you deserve.