Frequently asked questions

What is Medical/Clinical Negligence?

Medical or clinical negligence occurs when the care provided by a healthcare professional, whether in the NHS or private sector, falls below the accepted standard, leading to patient injury. This negligence is assessed against what a responsible body of medical opinion would deem reasonable under similar circumstances.

What types of medical negligence cases does MDS handle?

We handle all medical negligence cases, such as misdiagnosis, surgical errors, birth injuries, cancer claims, GP negligence, and more. Our expertise covers all aspects of medical negligence to provide comprehensive legal support.

Why should I choose MDS for my medical negligence case?

We are a dedicated firm of specialists in medical negligence. Medical negligence is what we do! We have a team of experienced solicitors, a proven track record of successfully recovering compensation for clients nationwide and a unique insight into how cases are defended.

What is the process for starting a medical negligence claim?

To start a claim, contact us for an initial consultation. We will review your case, advise on the likelihood of success, and guide you through the necessary steps.

How will I fund my case?

We will advise you on the funding methods available for your case, including No Win No Fee and Legal Expenses Insurance. We can offer a Conditional Fee Agreement (No Win No Fee Agreement) that protects you from paying the costs of the claim if it is not successful.

If a claim is funded by a No Win No Fee Agreement, we also advise you to obtain an insurance policy called ‘After the Event’ insurance (ATE).

If your claim is unsuccessful, the insurance will cover any third party costs, including experts' fees and court fees, and will also cover any of your opponent’s legal costs that you are required to pay. The cost of this insurance (the premium) is deferred until the end of the claim and there is no premium to pay if the case is unsuccessful. We will explain all of the costs associated with your case when we meet with you.

What will I have to pay if I make a claim?

The No Win No Fee Agreement allows you to investigate your claim when you have concerns about medical treatment that you or a loved one has received. It minimises the financial risk to you if your case is not successful. 

If your case is successful, you will have to make a contribution towards your legal costs from your compensation. This happens after the case has settled. We will explain your contribution to your legal costs when we meet with you.

It is essential that after you instruct us, you comply with the terms of the No Win No Fee Agreement and the ATE policy. If you provide false or misleading information, you may become responsible for your own and possibly your opponent’s legal costs.

How do I know if I have a valid claim for medical negligence?

To determine if you have a valid claim, contact us for a free, no-obligation initial consultation. Our expert team will assess your situation and advise you on the viability of your claim.

How long does a medical negligence case typically take?

The duration of a medical negligence case depends on its complexity, the nature of the injuries, and the response time of the other party in accepting responsibility. Generally, these claims can take anywhere from 12 months to over 5 years to resolve.

Are there time limits for making a medical negligence claim?

Generally, you have three years from the date of the incident or from when you first became aware of the negligence to make a claim. There are exceptions, so it is important to seek legal advice as soon as possible. For more information, please select the link below.

Am I entitled to compensation for medical negligence?

You may be entitled to compensation if you can establish that a healthcare professional, such as a GP, hospital doctor, dentist, or nurse, was medically negligent and that this negligence directly caused your injury. Proving both the negligence and the resultant harm is essential for a successful claim.

How much compensation can I expect for my medical negligence claim?

The compensation amount varies based on several factors, including the severity and duration of your injuries, whether full recovery is expected, the need for care, and any loss of earnings. Each case is unique, and compensation is calculated based on the specific circumstances of your claim.

Can I change my mind after I have started a medical negligence claim?

You can change your mind at any stage during the course of your claim. However, there can be costs consequences that you need to be aware of when making this decision and you should speak to your solicitor first.

If you were seen at home or had a video / telephone meeting when you entered into the ‘no-win, no-fee’ agreement with your solicitor, then you will have a 14-day cooling-off period from the day after you received the agreement signed by your solicitor.  

During this cooling off period, you can decide not to continue with the ‘no-win, no-fee’ agreement with no cost consequences to you by completing and sending to your solicitor a cancellation notice.  

If you attended your solicitor’s office to enter into the ‘no-win, no-fee’ agreement, or are outside the 14-day cooling-off period, then cancelling the ‘no-win, no-fee’ agreement will incur costs consequences.  

Your solicitor will speak to you about what costs you will be responsible for if you change your mind about continuing with the claim. You may have to pay for any disbursements (e.g. experts’ fees) that have been incurred on your behalf and for your solicitor’s costs.  

Can I claim for emotional distress caused by medical negligence?

You may be entitled to claim for emotional distress and psychological injuries resulting from medical negligence. These claims are assessed based on the impact on your mental health and overall well-being.

What effects can my social media have on my claim for medical negligence?

It is understandable that you may wish to share aspects of what you have experienced with your friends and family on social media, or that you may wish to speak to the press about what happened to you. It is important to bear in mind that your social media content can be included as evidence in court, both for and against a claim.

There have been cases where social media posts have contradicted statements made by claimants about their injuries, which has led to the claim being reduced significantly, or reduced in its entirety. Claimants who put themselves in this position risk facing criminal charges as well. Be aware that anything you share online may be considered evidence. Everything included in any statements to the court about your injury must be an honest account of your activities, which is reflected in on your social media. Please speak to your solicitor about your social media content if you have any concerns.