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Medical Negligence Claims

Medical Negligence Claims in South Wales

When you are treated by a medical professional, you trust them to safeguard your health at all times. If they make an error, it can have devastating consequences for your physical and mental well-being, leaving you and your loved ones dealing with a number of long-term problems that can have a major impact on your quality of life. Our medical negligence solicitors in South Wales can help.

If you or a loved one have been harmed as a result of medical negligence, claiming compensation is often the only way to ensure you have the support you need to deal with the consequences. Having the right legal support can give you the best chance of achieving a fair outcome as quickly and cost-effectively as possible, so you can get on with rebuilding your life.

Devonalds’ highly experienced medical negligence solicitors in South Wales work from offices in Bridgend and throughout Rhondda Cynon Taff. We work with clients pursuing claims against a wide range of medical professionals, including doctors, dentists, nurses and cosmetic surgeons.

We can assist you with all types of medical negligence claims in South Wales, including:

We understand how daunting the prospect of pursuing compensation claims for medical negligence can be, so we aim to make the process as easy and straightforward as possible. We promise to deal with your case as swiftly and cost-effectively as possible and, most importantly, to treat you with the dignity you deserve.

With more than 30 years experience handling medical negligence claims in South Wales, we have the skills and specialist legal knowledge you need to achieve the best result possible for you. In most cases, we can resolve medical negligence compensation claims without the need for court action, making the process faster, less expensive and less stressful for you.

Speak to our medical negligence solicitors in South Wales

Speak to one of our friendly, expert medical negligence claims solicitors today by contacting your local Devonalds office in BridgendCaerphillyChurch VillagePontypriddTalbot GreenTonypandyTreorchy or Tylorstown.

Why choose Devonalds’ medical negligence claims solicitors?

Our medical negligence claims solicitors in South Wales have decades of experience helping our clients to successfully secure compensation for a wide range of issues under even the most complex and difficult of circumstances.

We offer a friendly, practical approach to make this often worrying and potentially stressful process as easy and supportive as possible. With our strong focus on non-confrontational dispute resolution, we are usually able to find a solution without the need for court proceedings, allowing our clients to avoid a court hearing in most cases.

When you choose us to handle your medical negligence compensation claim in South Wales, we will provide a clear indication of the strength of your claim and the likely timeframe and costs involved up front, giving you complete clarity over what to expect. We will ensure everything is explained in plain English and that you are kept fully up to date at all times, allowing you to have complete confidence in our service and the results we achieve.

How we can help you with making a medical negligence claim in South Wales

Amputation claims

If you have suffered an amputation due to medical negligence, our medical negligence solicitors can help you seek compensation for private healthcare, prosthetics, counselling and other forms of support, as well as replacing lost income.

Birth injury claims

If your child was injured at birth due to medical negligence, they may need specialist treatment and care, potentially for the rest of their life. Our solicitors can help you pursue medical negligence compensation to assist with meeting your child’s needs and give them financial security for the future.

Birth injury to mothers

If you have suffered serious physical or psychological harm as a result of medical negligence while giving birth, our medical negligence lawyers can help you seek compensation for ongoing medical treatment, counselling and lost income.

Cancer misdiagnosis

If your loved one has died of cancer or you have been left with ongoing health consequences due to misdiagnosis, our medical negligence solicitors can support you to access specialist support and deal with practical issues, such as loss of income.

Care home and nursing home negligence

If you have concerns about the care your loved one has received in a home, it is advisable to seek legal advice as soon as possible. Our medical negligence lawyers can help you seek justice for abusive or neglectful situations and assist with getting fair compensation for physical injuries and mental distress.

Cauda Equina Syndrome

Cauda equina syndrome is a severe medical condition with potentially devastating long-term health effects. If you've experienced cauda equina due to medical negligence, our solicitors specialising in this area can assist you in pursuing compensation claims.

Delayed diagnosis

Coping with the aftermath of medical diagnosis errors can be immensely challenging, both practically and emotionally. If your diagnosis has been delayed due to medical negligence, our medical negligence solicitors can help you seek compensation for the long-term effects.

Dental negligence

Errors in dental treatment can cause discomfort, aesthetic issues, and pose long-term health risks. Our solicitors can help you seek medical negligence compensation for harm caused by dental malpractice.

Erb’s palsy

An Erb's palsy claim involves injury to a newborn's shoulder during birth due to medical errors. Our clinical negligence solicitors can help by compiling evidence and advocating for you in legal processes to pursue compensation for the harm caused by medical malpractice.

Eye injuries

If you have suffered damage to your eye, or lost your vision, due to a medical professional acting negligently, our solicitors can help you make a negligence claim.

Fatal accident claims

A fatal accident claim is seeking compensation for the loss of a loved one due to negligence, such as in workplace accidents or medical malpractice resulting in death. Our medical negligence solicitors can assist with advocating for fair compensation on behalf of your family.

GP negligence

A GP negligence claim involves substandard medical care provided by a general practitioner, resulting in harm or worsening of a patient's condition. Our solicitors can assist by assessing the case, gathering evidence, and representing clients to seek compensation for damages caused by medical malpractice.

Gynaecology

Mistakes in addressing women’s health concerns can result in significant long-term repercussions, impacting fertility, pregnancy, and overall well-being. If you or a loved one have suffered due to negligent gynaecological care, our solicitors are here to assist you in seeking compensation.

Lack of informed consent

A lack of informed consent claim arises when a patient doesn't receive adequate information about a medical procedure's risks and alternatives before consenting. Our medical negligence solicitors can assist with gathering evidence and advocating for compensation for harm resulting from medical negligence.

MRSA compensation

If you have MRSA and or another hospital-acquired infection that you believe was caused by negligent medical treatment, you may have a case for a compensation claim. Please get in touch with our solicitors who can review your case.

Medical misdiagnosis

A medical misdiagnosis claim is when a patient receives an incorrect diagnosis, leading to harm or delayed treatment. Our solicitors will assess your case, gather evidence, and advocate for compensation in legal proceedings to address the damages caused by medical negligence.

Medical negligence inquests

If a family member or loved one has died due to suspected medical negligence, an inquest may be held to investigate the surrounding circumstances. Our medical negligence solicitors can provide support and guidance to family members going through this process.

NHS redress scheme

The NHS Redress Scheme in Wales offers individuals the chance to claim compensation of up to £25,000 for grievances against the NHS. Our solicitors can support you in navigating the process to secure appropriate medical negligence compensation through this scheme.

Nerve damage

A nerve damage claim involves injury to nerves due to medical negligence, resulting in pain, numbness, or loss of function. Our solicitors can assist with advocating for compensation to address the harm caused by medical malpractice.

Prescription errors

If you're given medication you're allergic to or the wrong prescription, your health could worsen or cause other side effects. Seeking compensation for prescription errors can provide the support you need to address any harm caused by such incidents.

Pressure sores

Prolonged immobility increases the risk of developing pressure sores without proper medical care. If you've suffered pressure sores due to medical negligence, our medical negligence solicitors can determine if you're eligible for compensation and provide expert guidance on your options.

Sepsis

Sepsis is a severe condition that, if not promptly diagnosed and treated, can lead to lasting health issues or death. If you or a loved one have suffered due to sepsis negligence, you may be eligible for significant compensation to assist with the aftermath.

Spinal injuries

If you've suffered a spinal injury due to medical negligence or if inadequate care worsened an existing injury, you may be eligible for compensation to manage the effects.

Stroke misdiagnosis claims

Experiencing a stroke can lead to profound consequences, and if a stroke is misdiagnosed, the outcomes can be severe, and sometimes fatal. If you or a loved one has faced misdiagnosis of a stroke, our medical negligence solicitors are here to provide assistance and support.

Surgical negligence claims

A surgical negligence claim arises from errors or substandard care during surgery, leading to harm. Our solicitors can assist with seeking compensation for damages caused by medical malpractice.

Common questions about medical negligence claims

How do medical negligence claims work?

Claims are generally now resolved using the Ministry of Justice’s Pre-Action Protocol for the Resolution of Clinical Disputes. This is designed to allow the medical negligence claims procedure to be dealt with faster and at a lower cost to both claimant and defendant by avoiding the need for court action in most cases.

The Pre-Action Protocol involves various steps and our medical negligence claims team can guide you through them all effectively to give you the best chance of a fair outcome.

Building your case – This typically involves obtaining your medical records, speaking to witnesses and examinations by independent medical experts to clearly establish the facts of the case.

Issuing a claim – Once we have a clear picture of what happened and the impact on your/your loved one’s health, we will issue a letter of claim to the defendant (usually an NHS Trust or other organisation, rather than an individual). This will lay out all the details of your claim and how much compensation you are seeking.

The defendant’s response – The defendant is required to reply within 4 months, either accepting full or partial liability for the negligence or denying responsibility. If they accept some degree of liability, they are likely to make an offer of compensation at this time. It will be up to you to decide whether to accept any compensation offered.

Issuing court proceedings – If the defendant denies liability or you cannot agree a satisfactory settlement, we will then issue court proceedings, requesting a court hearing where a judge will resolve the matter. You will be issued with a hearing date which will often be around 18 months from the time proceedings are issued.

Pre-trial settlement negotiations – While we wait for your hearing date, we will attempt to negotiate a pre-trial settlement with the defendant wherever possible. This can involve a number of approaches, including alternative dispute resolution (ADR) methods, such as mediation and arbitration. In most cases, we are able to resolve claims at this stage, allowing you to avoid the need to attend a hearing.

Court hearing – If we cannot agree a pre-trial settlement, the matter will normally need to be resolved in a court hearing with the final decision being in the hands of a judge. We will ensure you have the best possible support and representation during any court hearing that takes place, giving you the strongest chance of a fair result.

What is the legal definition of medical negligence?

Medical negligence means more than simply a healthcare professional making a mistake with your care. For their care to be negligent, you need to be able to show that it fell below acceptable medical standards. This means that any competent medical professional under the same circumstances would not have behaved in the same way.

To make a successful claim for medical negligence, you will also need to show that the error or errors made directly contributed to your ongoing health issues.

What is the difference between medical negligence and clinical negligence?

Medical negligence and clinical negligence both mean the same thing. In general, official bodies such as the courts and the Ministry of Justice tend to prefer the term ‘clinical negligence’ while, in our experience, most ordinary members of the public tend to use the term ‘medical negligence’.

How much compensation can you get for medical negligence?

Exactly how much you can claim will depend on a number of things, including:

  • The seriousness of the error
  • The impact on your health
  • Whether the defendant offers a pre-trial settlement that you are willing to accept

There are two main types of compensation you can pursue:

Special damages – To cover financial losses e.g. cost of treatment, travel, specialist equipment, lost earnings etc.

General damages – To cover non-financial losses e.g. compensation for pain and suffering and/or changes to your lifestyle such as having to give up a favourite hobby.

How long do you have to make a medical negligence claim?

There is normally a 3-year time limit for bringing a medical negligence compensation claim. This 3-year window will either be counted from the time the negligence occurred or the time you became aware of it, if this happens later (for example, if a problem is only found when you are examined by another doctor).

However, if the negligence occurred during the treatment of a child, the 3-year time limit only comes into effect once they turn 18. They therefore have until their 21st birthday to start a claim.

If a loved one has been left without the capacity to bring a claim by themselves e.g. due to serious brain damage, you can bring a claim on their behalf. In such circumstances, there is no time limit for bringing a claim, unless the patient later regains capacity. If this happens, e.g. they wake up from a coma, the 3-year time limit will be counted from the time they regain capacity.

How do you prove medical negligence?

Proving medical negligence can be complicated and usually relies on various types of evidence, including:

  • Medical records
  • Your testimony and the testimony of other witnesses, including medical staff
  • Testimony from independent medical experts

How much does it cost to make a medical negligence claim?

There are two main costs for making a medical negligence compensation claim:

  • Legal fees – for your solicitors (and barrister if required)
  • Legal expenses insurance – covering you against the risk of having to pay the defendant’s legal fees if you lose your claim

We will clearly explain these costs at the outset and ensure you have a full picture of how much your claim is likely to cost before deciding to proceed.

Can you get legal aid for clinical negligence claims?

Legal aid for most types of medical negligence claims was abolished in April 2013, meaning you will normally have to fund the cost of your claim yourself. The exception is for some types of birth injury claims, so please discuss this with us if you believe you may be eligible.

No win, no fee medical negligence claims

In many cases, our medical negligence solicitors in South Wales are able to represent clients on a no win, no fee basis, also known as a ‘conditional fee arrangement’. This means that you only pay us if we win a settlement for you, with our fees being based on a percentage of that settlement. That way, you never end up out of pocket.

Alternatively, you may be able to fund your claim through a pre-existing insurance policy, if you have a policy that covers legal expenses. This is sometimes included as an optional extra with some home insurance policies, so is worth checking if this is part of your policy when considering making a claim.

Get in touch with our medical negligence claims solicitors in Bridgend, Rhondda Cynon Taff and the surrounding area

Find out more about making a medical negligence compensation claim in South Wales now by contacting your local Devonalds office in BridgendCaerphillyChurch VillagePontypriddTalbot GreenTonypandyTreorchy or Tylorstown.

Why Choose Devonalds Clinical Negligence Services?