Welcome to our guide that will look at your options for seeking legal representation from medical negligence solicitors within the Colchester area.
This guide could help if you’ve been a victim of a clinical negligence incident that has resulted in you suffering further or avoidable harm. We’ll provide information on how hiring a solicitor could help.
Whilst you may wish to use a solicitor local to you, it’s not always necessary. Instead, it can be more beneficial to hire a solicitor with experience handling claims similar to your own.
All of our solicitors have previous experience working on medical negligence claims. This guide will explore some of the claims they’ve handled before and how an advisor could appoint one of our solicitors to your case.
Please continue reading for additional information. Alternatively, please get in touch using the details below:
- Call us today on 0800 073 8804
- Fill out the contact form with details of your enquiry
- Chat with an advisor at a time suitable for you using the live chat feature below
Choose A Section For More Information
- What Constitutes Medical Negligence?
- How Often Does Medical Negligence Occur?
- What Steps Can I Take To Build A Strong Claim?
- How To Find The Best Medical Negligence Solicitors For Colchester
- What Claims Can Medical Negligence Solicitors For Colchester Help You With?
- Medical Negligence Examples
- How Much Compensation Could I Seek In A Clinical Negligence Claim?
- No Win No Fee Medical Negligence Solicitors For Colchester
- Talk To Legal Expert Today
- Other Helpful Guides And Useful Links
What is medical negligence?
Medical or clinical negligence is defined as a patient receiving substandard care from a healthcare provider or professional. As a result, the patient is injured, made ill, or their existing medical condition is made worse. For example, an illness may be misdiagnosed and therefore worsen because it is left untreated.
However, there are certain circumstances in which you could seek medical negligence compensation. Every trained medical professional has a duty to provide you with the correct level of care. Failing to do so could result in someone suffering further or avoidable harm. For instance, by failing to take reasonable steps to prevent this.
Therefore, you must have evidence that a medical professional’s negligent actions caused an avoidable injury, illness, or worsened an existing condition to you.
How Long Does A Medical Negligence Claim Take?
Please be aware of the clinical negligence limitation period that may affect your eligibility to claim.
Generally, you can make a claim within three years from the date the incident occurred, or the date you gained knowledge that someone’s failings caused or contributed to the incident that caused you harm.
However, if the incident affected someone under 18, they will have three years starting from the date they turn 18 to pursue their claim. Or, an application could be made to act as a litigation friend allowing someone to claim on their behalf, such as a parent or guardian.
A similar exception may be made for those who lack the mental capacity to claim themselves. If they recover their mental capacity, the three years will begin from the date of their recovery. Before this point, the three years are frozen, and someone could act as a litigation friend.
If the person doesn’t recovery their mental capacity, the three years will be frozen indefinitely.
For more information on whether you’re eligible to claim, contact one of our expert advisors. If they find that your claim is valid, they could connect you with one of our medical negligence solicitors for the Colchester area.
How Often Does Medical Negligence Occur?
According to NHS Resolution Annual Report Statistics, there were 12,629 claims notified during 2020/2021. Interestingly, there were 11,677 clinical claims made in 2019/2020 highlighting an increase of under 1,000 claims made in 2020/2021.
Additionally, there were around 3,090 new claims worth between £25,001 and £50,000 in damages in 2020/2021. However, there were only 3,003 new claims worth between £25,001 and £50,000 in damages in 2019/2020.
The graph below provides an insight into the most common claims notified by speciality, as per the Annual Report Statistics.
As you can see, Orthopaedic surgery was amongst the most commonly notified clinical negligence claims.
What Steps Can I Take To Build A Strong Claim?
When looking to build a strong claim to seek compensation, it’s important to obtain evidence that can help to prove that negligence occurred. For instance:
- Medical evidence: This may include reports produced from previous appointments at the hospital or your GP surgery. The reports can highlight whether a medical professional has upheld the correct level of care they owed you.
Additionally, in the case of misdiagnosis, previous reports can provide details on the wrong diagnosis you originally received compared to the correct diagnosis you received. This can show whether the medical professional took reasonable steps to keep you safe from suffering further or avoidable harm.
- Other evidence: For instance, keeping a diary with details of your injury or illness which can show whether there has been any deterioration due to you receiving a below standard level of care.
- Seek legal advice: If you’re unsure how to access medical evidence, it may be helpful to speak to a solicitor. They can advise on the process you need to follow to find evidence to support your claim.
For more information on seeking legal representation, call our team on the number above. They could connect you with one of our medical negligence solicitors for Colchester to further advise.
How To Find The Best Medical Negligence Solicitors For Colchester
Before you choose a clinical negligence solicitor to represent you, you should research the experience they have and whether they’re the best choice for you.
You may also want to get impartial feedback from other claimants who have used the solicitors firm you wish to work with to see how they found the experience.
For instance, it could be helpful to consult online reviews. Alternatively, you could speak to family and friends for any recommendations.
Should I Use A Medical Negligence Solicitor Near Me?
Although you may wish to hire a local medical negligence solicitor in Colchester if you’re based close by, it’s not always necessary.
This may have been the case in the past when it was essential to meet face to face with your solicitor.
However, due to the development of internet communications over the last few years, you can use other means of communicating with a solicitor based elsewhere in the country.
What Claims Can Medical Negligence Solicitors For Colchester Help You With?
No matter what type of clinical negligence you have experienced, we can help you find a specialist negligence solicitor for Colchester to help get you the compensation you deserve.
Our medical negligence team of solicitors have experience in handling the following claims:
- Hospital negligence: For incidents that occurred in both a private or NHS hospital.
- Surgical negligence: Medical or cosmetic surgery performed by a trained medical professional.
- Dental negligence: Medical or cosmetic dental treatment.
- GP negligence: For incidents where you sought medical treatment in your local GP surgery.
- Care home negligence: For instance, a medically trained professional hired by the care home who failed to provide the correct level of care to the residents.
Medical Negligence Examples
It’s important to be aware that a medical professional could have provided the correct level of care and done all they can, but the patient still suffers harm. For valid medical negligence claims, the medical professional must have acted negligently by failing to take reasonable steps to prevent avoidable harm.
There are various ways harm could have been avoided had the correct level of care been provided and reasonable steps been taken. For instance, providing a patient with poor post-operative care leading to them developing an infection.
We handle many types of negligence claims, such as:
- Cancer misdiagnosis
- Loss of an organ due to infection
- Birth injury to mother or child such as cerebral palsy or eclampsia
- Nerve damage by a dentist
- Avoidable scarring due to poor cosmetic surgery
If you have had a similar experience when receiving care, one of our medical negligence solicitors for Colchester could represent your case. Please contact our team using the number above.
How Much Compensation Could I Seek In A Clinical Negligence Claim?
Depending on the type of harm you’ve suffered and the severity, the overall compensation settlement figure you receive may vary. Each claim may comprise general damages which compensate you for your injury or illness, both physical and psychological.
However, when calculating how much your injury is worth, different factors will be taken into consideration. For instance, the impact it’s had on your quality of life.
Additionally, your claim may comprise special damages which allow you to seek reimbursement for any past or future losses you incur. However, not every claim will include these, so they’re often calculated separately and added to your overall compensation package.
We have created a table listing different types of medical negligence injuries with example figures of how much each one may be worth.
However, it’s important to note that the injuries listed in the table aren’t always a result of negligence, and evidence will be considered to determine whether your injury was a result of someone else’s failings.
The figures have been taken from the Judicial College Guidelines, a document often used to help value claims alongside other evidence. It’s important that you only use the figures as a guide because your actual settlement amount will vary when other factors are considered.
| Injury | Further details | Compensation Award |
|---|---|---|
| Fatal | (c) Where the person has become immediately unconscious after sustaining an injury and death occurs after six weeks. | £3,530 to £4,120 |
| Fatal | (d) Where the person becomes immediately unconscious after suffering an injury with death occurring within a week. | £1,290 to £2,620 |
| Lung disease | (b) Cancer of the lungs that causes severe pain and impairs function and quality of life. | £65,710 to £91,350 |
| Reproductive System: Male | (b) (i) Cases of complete impotence and sexual function loss. The award given will depend on age and psychological impact. | In the region of £139,210 |
| Reproductive System: Female | (b) Cases of infertility caused by failure to diagnose an ectopic pregnancy. | £31,950 to £95,850 |
| Kidney | (c) The loss of one kidney but where there is no damage to the remaining kidney. | £28,880 to £42,110 |
| Bowels | (b) Complete loss of natural function leading the person to depend on a colostomy. | Up to £140,870 |
| Bladder | (b) Cases where the person has been caused a complete loss of function and control. | Up to £132,040 |
| Spleen | (a) Complete loss of a spleen that results in a permanent risk of internal infection and other disorders caused by damage to the immune system. | £19,510 to £24,680 |
For more information on calculating medical negligence compensation, speak to a member of our team.
No Win No Fee Medical Negligence Solicitors For Colchester
Have you considered hiring a No Win No Fee medical negligence solicitor for Colchester to represent you? If so, we could help by connecting you with one of our solicitors who deal with medical negligence on this basis.
With this type of agreement, you will receive the same great service as any other client, but you can avoid paying an upfront fee to make your claim. Instead, payment will be taken if your medical negligence compensation claim is successful.
The payment will be taken in the form of a legally capped success fee deducted from your overall compensation package. However, you’ll be made aware of this before you start your claim with the solicitor.
More importantly, if your claim fails, you won’t be asked to pay solicitor fees. Additionally, whilst putting forward a claim carries no cost initially, your claim could incur additional costs while it’s still ongoing. Whereas the No Win No Fee agreement covers these costs.
For more information, get in touch on the number above to enquire today.
Talk To Legal Expert Today
Speak to an advisor to find out if you have a legitimate case and get an estimate of how much your medical negligence compensation claim could be worth.
If they find you have a valid case, they could connect you with a solicitor who covers the Colchester area to help you get the compensation you deserve. For more information, use the details below to get in touch:
- Call us today on 0800 073 8804
- Fill out the contact form with details of your enquiry
- Chat with an advisor at a time suitable for you using the live chat feature below
Other Helpful Guides And Useful Links
See The NHS Constitution of England for more information on the principles that guide the NHS.
Visit the General Medical Council for details on the medical practice registered UK doctors are expected to uphold.
For more information on how the NHS Resolution may be involved in any claims made against the NHS.
See our guide on hospital negligence claims.
If you suffered avoidable harm after undergoing cosmetic surgery, our guide on abdominoplasty negligence claims could help.
Did you sustain a birth injury after a midwife acted negligently? If so, our guide could help.
- Medical Negligence Claims Due To Paralysis
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- Oxford Medical Negligence Solicitors
- Gateshead Medical Negligence Solicitors
- Chesterfield Medical Negligence Solicitors
- Medical Negligence Solicitors For Coventry
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- Doctor and GP negligence claims
Popular Medical Institutions In Colchester
See below for contact information on different medical facilities in Colchester.
Oaks Hospital
120 Mile End Rd
Mile End
Colchester
CO4 5XR
Tel: 01206 752121
The Smile Clinic
Mile End Practice
61 Mill Road, Colchester
Essex
CO4 5LE
Tel: 01206 851448
North Colchester Healthcare Centre
Turner Rd
Mile End
Colchester
CO4 5JR
Tel: 01206 314015
We hope you found our guide exploring the benefits of choosing the right medical negligence solicitors for the Colchester area. However, if you have any further questions, please get in touch on the number above.
