Medical Negligence Solicitors Exeter – No Win No Fee Claims Guide

By Daniel White. Welcome to our guide on medical negligence solicitors for Exeter. Wherever you live in the UK, the professional specialist negligence solicitors that Legal Expert can provide you with are able to help claimants to secure the damages that they are owed by medical practitioners, surgeries, hospitals, or other medical bodies, such as an NHS trust.

Our dedicated medical negligence team covering claims in Exeter can help you to bring a case, no matter the severity of your claim, or the body that you have to bring the claim against. Our specialist team can also help those who have suffered as a result of negligent care provided in a care home, nursing home, or other day or residential care facility. If you need to make a claim against a medical provider in the local area, the medical negligence solicitors for Exeter that we can provide you are capable of helping you to bring a claim here. Talk to the experienced team at Legal Expert today. Call us now on 0800 073 8804.

What is clinical negligence?

Before you contact a solicitor to start any kind of legal action, you may have questions about your type of care. If you have suffered negligent treatment at an NHS or private medical facility, you may be wondering if this could be legally considered negligent treatment. Negligence (in a legal sense) is a case where a person (or body) has breached the duty of care that they owe to someone. This breach in the duty of care will have, in some way, led to that person experiencing some form of pain and/or suffering. Clinical or medical negligence cases deal specifically with how care has been provided by a medical practitioner. This negligent treatment might include the failure of a person (or healthcare provider) to provide the patient with the correct type and level of care or to prevent this person from coming to harm. To make a successful compensation claim, you must have suffered some form of harm. This could be psychological or physical.

How to prove your compensation claim is valid

When making any personal injury claim, the burden of proof will lay with the claimant. As such, you should always try to work with a solicitor who has the most relevant experience and knowledge to get you the compensation you are entitled to.

Your solicitor will need to show that the healthcare provider responsible for the care, and whom the allegation is being brought against is responsible, in that they owed you a duty of care. Next, you need to show that the person (or person’s) had breached their duty of care, that you were injured in some way. It should be easy for the solicitor to show the nature and extent of the injuries you sustained. It also needs to be shown that this happened as a result of the breach.

In order to prove the conditions above, the solicitor we can provide you will need to show each of these elements. It is usually to show that there is a duty of care owed, that the practitioner or practice owes any patient the same duty of care. Next, your solicitor will need to demonstrate that the treatment you received happened in a negligent way.

This means that the care has fallen short of what the patient/ claimant should reasonably have expected. Finally, your solicitor needs to demonstrate that you have suffered. Any claim for damages that you make can also include financial costs that you have experienced. The claim could include costs such as any loss of earnings or income, the cost of subsequent/additional medical treatment and other expenses, such as adaptations to your home, or vehicle.

Compensation claim time limits

Whether for a personal injury, accident, or medical negligence, any compensation claim brought in the UK must be done so within a three-year period of the injury or illness being suffered. There are some conditions where a claimant can make a compensation claim for injuries or illness which occurred longer ago than this. If the results of the injury or illness either did not present or were not diagnosed till years later, this date will act as the start of the claims period. It will be known as the “date of knowledge”.

In reading our guide below, you can find out more about the process of making a claim and how our medical negligence solicitors for the Exeter area can help you.

NHS Medical Negligence Statistics

Here, we’ve included a graph to illustrate how common medical negligence claims are across the country. The NHS annual report from 2020/21 shows that there was a total of £2,209 spent by the NHS on costs that related to medical negligence claims over that period of time. These figures do not include claims made by those who received private healthcare.

You can find the breakdown of these figures in the graph below. It’s important to remember that this graph explains the NHS claim values from across the country. It’s not just Exeter claims that have been included.

How Do I Make A Medical Negligence Claim?

In this section, we’ve listed some of the more important steps you’ll need to take to make a claim. However, this isn’t a complete list. There are other things you’ll have to do to give yourself the best possible chance of success.

Some will be compulsory, and others will not. The three below are a mix of these two classifications. Even so, we find that these steps in particular go a long way to helping you successfully receive compensation.

Make A Complaint To The Facility Where You Were Treated

You can do this regardless of whether you received care on the NHS or through a private healthcare company. There will be a senior figure who you can inform of the negligence and ensuing injuries that you experienced. For a privately owned facility, this will likely be the owner or manager.

For NHS facilities, there will be no owner. But, there will still be a manager or similarly senior position to which you can lodge your complaint.

In either circumstance, you’ll need to tell them of your intent to make a claim for the injuries you’ve sustained. It’s possible that initially, they’ll offer you a settlement fee. You must be careful. This offer may be much lower than what you could eventually receive. So, check with medical negligence solicitors for Exeter before you accept any offers of compensation.

Gather Evidence

You’ll need to be able to back up your claim. You can prove that you are telling the truth by acquiring as much evidence as possible, Here are some examples:

• Written witness statements – for example, a friend or family member could have been present when your injuries were sustained. Perhaps they were even present in the events that constituted medical negligence. They could write down what they saw and heard.
• Photographs – it’s very helpful to have visual evidence of your injuries when they were at their worst.
• Medical records – these will contain information such as treatment details and the medication you’ve been prescribed. 

For more examples of what you could use as evidence, get in touch with us today.

Seek Legal Advice

The process of making a claim can be difficult if you have no experience with the processes involved. This is why we heavily recommend enlisting the services of medical negligence solicitors for the Exeter area. Whilst it isn’t a legal requirement to hire a lawyer, chances of success become much greater with a legal professional by your side to assist you and answer your questions.

How To Choose The Best No Win, No Fee Clinical Negligence Lawyer In Exeter

Compensation claims for a personal injury, such as a case of medical negligence, will typically be able to be concluded in a period of several months. However, they can on occasion, take up to the three-year limit to conclude. With this and the fact that the solicitor will need to read your medical information in detail, you need to work with a solicitor who is experienced, discreet and trustworthy.

As such, you should use the best solicitor in Exeter, or cover this area that you can. You will also need to be able to trust their advice and guidance at each step of the way. You need to trust that they are providing you with the information you need, in a way that is clearly put, and easy to understand. Our Exeter clinical negligence claims team can help with this.

Medical Negligence Solicitors Exeter Reviews

To help you decide which solicitor to work within your area, you might look at online reviews of different legal firms or individual solicitors. Using search terms such as ‘medical negligence solicitors Exeter reviews’ you can find solicitors covering your local area who can help you.

As with choosing between different products and services, reading different reviews of providers can help you to see which might be best suited to help you, have experience in the area of your claim, or be able to provide a great service at a competitive cost. When you are reading reviews, make sure to look at their fee structure and see if their service really is no win, no fee. To learn more about how Legal Expert helps claimants, as well as what our fees are, contact our team today.

Will I Need To Use Medical Negligence Solicitors In Exeter?

Whilst today many people are used to accessing professional services in a variety of different ways, such as across the internet, or via digital communication tools, people often still think that they need to use a solicitor who is based in the same location as them and that a legal case will require a lot of face-to-face meetings.

Today the services of professional medical negligence solicitors for Exeter can often be provided from across the country in a variety of different ways. They can also be done so in a way which feels like the claimant and solicitor are just around the corner from each other. More important than where your solicitor is geographically based is that they have the ability to get you the compensation that you deserve and are entitled to. In fact, many compensation claims can be conducted without any face-to-face contact having to happen.

By working with our medical negligence team, we can provide you with an experienced solicitor who can cover claims in your area, whether it be Exeter or elsewhere. Your claim may need a medical exam to confirm the extent of your injuries, this can be organised within your local area and it is possible to organise home visits.

What Compensation Claims Do We Conduct In This Area?

Our medical and clinical negligence team can provide you with a solicitor who is able to conduct claims against providers and practitioners in the NHS or private sector. They are able to help with claims which could include a very wide range of different illnesses and injury types. They can also help with negligence cases which result in everything from milder and easier to recover from consequences, through to serious and life-changing incidents.

Below, we explore and look at some common types of clinical negligence, as well as the circumstances which can lead to them. This list is neither comprehensive of the nature, causes, and types of claims that we have handled in the past. However, the list is illustrative of the variety of the claims we can handle. If you need to make a claim, talk to Legal Expert today.

Clinical Negligence In A Hospital

If an NHS or private hospital has provided you with negligent treatment, we are able to provide you with an experienced solicitor who can help you to claim the compensation that you are owed. Hospital negligence cases might involve the provision of treatment in a negligent way leading to the patient becoming sicker, or contracting a secondary illness/ injury. It may also include the lack of correct provision of treatment. At Legal Expert, we are able to provide you with a specialist lawyer or solicitor who specialises in these types of cases and who can help claimants in the Exeter area.

Negligent Treatment By A GP

If you have been treated in a negligent way by your GP, or another member of the medical team at your GP surgery, you may have become more ill or contacted a subsequent condition. Negligence might be caused by the doctor not diagnosing a disease at an early stage, not recommending the correct or necessary treatment or prescribing the wrong medication. The treatment provided will be judged against that which would normally be expected to be provided by the practitioners’ peers.

Cases Of Negligent Dentistry

Cases of negligent dentistry can be brought if the claimant has experienced physical (or mental) pain, and/or suffering as a result of the treatment they received, did not receive, or the way in which the treatment was provided to them. These claims can be brought against any practitioner working in dentistry and against practices (and their staff) working in the NHS and the private sector.

Negligence Cancer Care

Negligence cancer care could lead to the claimant suffering (or have suffered) from very serious consequences. Cancer can be a serious and even life-threatening condition. If it is not diagnosed and treatment started early, a patient’s chances of recovery may be limited. If you have experienced medical negligence whilst being treated for any form of cancer, contact Legal Expert to be provided with a specialist solicitor.

Care Home Negligence Cases

Nursing homes, care homes, and other residential or day-care facilities provide care to people who are often very vulnerable, sick or in need of highly specific care. They may look after the young, handicapped or the elderly. Claims made against these providers can be brought by the person affected, or by someone else acting on their behalf, such as a relative. Legal Expert can provide you with a sensitive solicitor, ready to help you through the claims process.

Childbirth Medical Negligence Claims

Childbirth medical negligence claims can be made for cases where either the child or the mother has been injured or made ill in some way. This could be one or both parties contracting a hospital-borne infection, one or both suffering a broken bone or other physical injuries, or the child suffering from the effects of oxygen deprivation during the delivery. If your child or yourself has suffered an injury or illness due to the way in which your delivery was carried out, the Exeter medical negligence team at Legal Expert can help you to make a compensation claim.

Medical Negligence Claims Against The Royal Devon & Exeter NHS Foundation Trust

Negligent treatment provided by an NHS hospital does, in some cases, lead to people having to make a claim for compensation. Your claim could be made against the NHS trust which is responsible for the care provided by the hospital in question, or other facilities under their management.

In the table below, we have included the number and value of claims made against NHS trusts in this area for the year 2015/16.

Expert No Win No Fee Medical Negligence Solicitors For Exeter

All of our medical negligence solicitors for the Exeter area work with their clients on a No Win No Fee basis. This means that you only need to pay your solicitor if they are successful in helping you make a successful claim. Before your settlement reaches you, a small percentage is taken. This is used to pay your lawyer. The percentage is legally capped so that the majority of your settlement is protected.

If your claim is unsuccessful, then you will not owe your solicitor anything. This is the main advantage of a No Win No Fee arrangement. Your financial risks are kept to a minimum.

It is possible to make a claim without legal representation. But, we don’t recommend this. Without a No Win No Fee deal in place, you run the risk of having to cover expensive legal costs even in the event of an unsuccessful claim.

Speak To Our Team Today

To start to process of making a medical negligence claim, you can:

• Call us on 0800 073 8804
• Contact us about your claim online
• Use the chat window in the corner

Useful Links

Hospital Negligence Claims
Our guide to making a compensation against a hospital includes further information on what negligence in a hospital might include as well as information on how to make these claims.

Further Medical Negligence Guides

• Ealing Medical Negligence Solicitors 
• Eastbourne Medical Negligence Solicitors 
• Eastleigh Medical Negligence Solicitors 
• Ellesmere Port Medical Negligence Solicitors
• Farnborough Medical Negligence Solicitors 
• Gillingham Medical Negligence Solicitors 
• Gosport Medical Negligence Solicitors 
• Grays Medical Negligence Solicitors 
• Greenwich Medical Negligence Solicitors
• Breast Enlargement Negligence Claims
• Breast Reduction Negligence Claims

Healthcare providers

Royal Devon & Exeter Hospital
Barrack Road,
Exeter,
EX2 5DW
Tel: 01392 411611
Web: www.rdehospital.nhs.uk

Nuffield Health Exeter Hospital
Wonford Road,
Exeter,
EX2 4UG
Tel: 01392 276591
Web: www.nuffieldhealth.com/hospitals/exeter

Thank you for reading our guide on medical negligence solicitors in Exeter.