If you are a victim of medical negligence, perhaps experiencing a misdiagnosis or a mistake in treatment, you can feel as if there is nothing you can do. However, we can help you secure the compensation you deserve.
Our team of highly-qualified medical negligence solicitors based in Birmingham and Solihull represent clients throughout the UK, helping them recover damages caused by medical negligence. You receive our partner-led service and an experienced solicitor who manages your claim. They have seen almost every scenario and possess all the necessary knowledge to provide practical legal solutions that help you.
Whether settling out of Court or representing you in front of a judge, we handle every step of the process, using our expertise to secure your compensation without unnecessary stress. We only ask for an initial consultation and information about your medical negligence case.
Our Services
No matter what medical error you have suffered from, we are available to help. We’ll need access to your medical records, though we will contact the relevant people and pay any charges on your behalf. Then our expert team evaluates your claim and constructs a case, taking advice from independent medico-legal experts where appropriate.
Wherever possible, we settle the dispute out of Court, saving you the time and stress of lengthy procedures. We handle all the negotiations, so you don’t need to worry. Clinical Negligence claims are difficult to win, and Defendant Insurers such as the NHSR (the insurance arm of the NHS) are very robust. However, our medical negligence team have the tenacity and experience to explore all avenues in your clinical claim to obtain a result.
Making your claim starts by discussing the problem on a no-obligation basis. We will obtain your medical notes (at no charge) and carefully review them along with any complaints, correspondence or internal investigations to ascertain if there has been negligence. We can then confirm whether we can offer a ‘No Win, No Fee’ agreement to take on your claim.
The Claims Process
If you believe you have been a victim of medical negligence, you should contact us as quickly as possible. After we learn about your case, we can arrange funding options for your claim.
Then we need the case’s details, including your medical information, the medical professional that administered the care, the dates and locations where it was administered, why you believe negligence occurred and the injuries that resulted from it.
Our team carefully assess these records and take a statement from you. We will bring in an independent medical expert from the relevant area to prepare a report on your case, called the ‘Breach of Duty’ report.
If their report finds that you received unacceptable care, they will prepare a causation report covering the injury and pain resulting from the breach of duty. Fundamentally, we need to show that with better, reasonable treatment your outcome would have been improved.
Typically, the investigation takes around 18 months.
Proving Negligence
In a medical negligence case, the prosecution has to prove two standards: the ‘Breach of Duty Test’ and the ‘Causation Test’.
Breach of Duty
Medical professionals must provide services that meet an acceptable standard. However, care that falls below this standard is known as a ‘Breach of Duty’.
Causation
The medical professional is negligent when their unacceptable level of care results in an injury, pain or suffering.
Potential Defences
Often, defendants rely on the ‘Bolam Defence’ that states that the medical professional’s actions matched those of other medical experts in their position. If the healthcare professional’s actions match the standards of a responsible medical body, they are not negligent, even if they suggested they possess above-average abilities.
We rely on detailed reports from experienced industry professionals to establish that the care and treatment fell below the accepted standards.
Compensation
You can claim compensation for pain, suffering and injuries caused by the negligence and its impact on your life. These additional damages could cover:
- Loss of earnings or potential earnings
- Required assistance around the house
- Healthcare
- Costs of modifying your home or car
Your compensation will depend on your specific condition and the circumstances surrounding it. In the past, we have secured between £1,000 and £9 million for clients.
We must adhere to what is known as ‘the Proportionality Test’ throughout the case, as a Court is unlikely to allow your legal costs to exceed the compensation available. It may impact the steps we can take.
Why Choose Wilkes
By choosing our firm, you receive your own dedicated solicitor who will manage every little detail of your case. They are always available to address any questions or concerns and break down problems that arise. Plus, you can access all our other qualified partners, solicitors and international connections if your claim requires further support.
By partnering with us, you benefit from:
- Our partner-led approach
- A Legal 500 recognised law firm
- A Lexcel accredited and Solicitors Regulation Authority authorised law firm
- Our experience and knowledge of legal protocols
- Our nationally recognised solicitors
- Our international connections in 40 countries
Our Medical Negligence Solicitors
We are proud to have a team of medical negligence solicitors in Birmingham and Solihull with different specialisms and achievements. They have over 60 years of combined experience and have worked on various cases, meaning they can represent you, no matter your circumstances. Discover their expertise.
