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Medical negligence compensation and NHS complaint procedures
Advice on NHS Hospital Consultant or GP negligence claims
This legal advice website is managed by Winston Solicitors LLP, regulated by the Solicitors Regulation Authority. Our service is dedicated to providing advice on medical negligence (malpractice) and NHS complaints in England & Wales.
Update: Advice for cosmetic surgery patients regarding compensation for PIP breast implants
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How to complain about a medical professional including NHS doctors, GP's and support staff. We will explain what you need to do. More |
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If injury or harm has been caused you may wish to make a FREE ENQUIRY about a possible compensation claim. More. |
Unsure what to do or where to start?
There are a number of ways for you to contact us:
If you have suffered personal injury in England or Wales following a medical procedure or as a result of malpractice, you may be entitled to make a Medical Negligence No win No fee claim. We provide a unique service for patients in the UK - an informative website combined with unparalleled access to legal advice.
Our specialist solicitors deal with medical negligence (sometimes known as "clinical negligence") involving the NHS or private treatment services and physicians.
The general standard of healthcare in the UK is considered to be very good. We may lag behind our European partners in some respects - usually relating to funding or administration.
But as far as medical expertise is concerned it might be reasonable to assume that you are in safe hands.
"A unique service for patients in the UK. An informative website combined with unparalleled access to legal advice."
Unfortunately that is not necessarily the case. Mistakes do occur.
Unlike many other occupations, a mistake made by a doctor, physician, midwife or other medical professional (whether this be a GP or a consultant) can have dire consequences for the patient. Clinical negligence claims are not 'run of the mill' compensation cases. It should never be assumed that seeking a compensation award in these circumstances is simple, hassle free and financially rewarding.
If however, you as a patient have suffered as a result of what you believe to be a mistake whilst in hospital, or as a result of advice (or lack of it) from GP's, nurses, doctors, consultants or any other medical professional - it is only right that you seek legal advice.
We have a medical malpractice UK blog which discusses current medical related topics that are happening in the media.
To make a successful claim for compensation the law requires you to prove:
The standard of care you received fell below that of a reasonably competent health care professional in the relevant area of medicine.
That you have suffered a physical or mental injury as a direct result of that action or inaction, this is known as causation. Also read our what is negligence? page to determine if you feel you might have a claim.
If you think you might have a medical negligence claim please contact us for informal advice..
Key questions and answers:
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How do you start a claim for medical negligence?
The first step is to speak to a firm of no win no fee lawyers who specialise in medical claims. We can help provide advice in many cases although we must stress that we cannot deal with every complaint or possible claim.
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Do you need to complain before considering a claim?
Ideally you should make a complaint about your situation to the treating practice, hospital or NHS trust - as soon as possible. To find out more read our updated complaints page.
Generally speaking the NHS complaint procedures stipulate that a complaint must be brought within 12 months of you / your family being aware there was or is a problem. It is possible to make a claim at the same time as lodging a formal NHS complaint - we may be able to help you with both.
Please, be aware that circumstances justifying a complaint (which can be numerous) do not necessarily merit pursuing a legal claim.
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How do you pay your costs if you decide to pursue your case against a GP, NHS or other medical practitioner?
You may be entitled to public funding (formerly legal aid) - which means you can claim totally free of charge. You may be entitled to a "no win no fee claim" agreement if legal aid is not appropriate for you. You may have legal expense insurance (most household policies have this cover) In certain cases you may wish to privately fund your action.
Call our specialists for free informal advice on the merits of your case. We will then discuss how any claim can go forward and which funding option would be available to you.
Useful links and resources.
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The Royal College of General Practitioners represents most GP's in the UK.
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Please also visit the BMA website. The British Medical Association represents doctors from all branches of medicine all over the UK.
NHS Workers Are you working for the NHS in either a qualified or non- qualified role?
If so you might have a right to claim back salary payments that may have been withheld through an unfair wage system. Speak to our NHS equal pay claims team today.
