Clinical Negligence Solicitors
If you have been left injured by your medical care, or have lost someone you love to a medical mistake, we are here to advocate for the accountability, justice and closure you deserve.
The majority of medical treatments in the UK are carried out very competently – but accidents do happen. If you have been injured because of a medical mistake, then you may have a compensation claim.
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- Stacey Anderson
- Associate Chartered Legal Executive
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- Hasina Choudhury
- Deputy Head of Clinical Negligence & Personal Injury
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- Steve Webb
- Head of Clinical Negligence & Personal Injury
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- Julie Webb
- Paralegal
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- Kim Huggins
- Associate Solicitor
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- Paul Bromley
- Medical Claims Advisor
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- Jodie Wilson
- Professional Support Paralegal
At Thompson Smith and Puxon, we work closely with Action against Medical Accidents, the charity for patient safety and justice. AvMA seeks improvements to patient safety and supports victims and their families.
Our aim is to support victims of these incidents through the difficult process of a legal claim.
How can we help you?
There are many reasons people seek compensation after experiencing below-standard medical care. You may wish to claim to help you with the financial cost of a resulting disability or loss. Many of our clients make claims because they “don’t want the same thing to happen to someone else”. By making a claim they force a Health Care Trust to investigate. Lessons can be learned, processes can be improved and patients can be protected. We aim to support you through the difficult process of a legal claim.
The Thompson Smith and Puxon team has a track record of achieving compensation for clients. Our team brings experience and commitment to each case. We handle a wide cross-section of claims for clients local to our offices in Colchester and Clacton, but also across Essex, East Anglia and nationally.
Our areas of expertise include:
- Accident and Emergency
- Ambulance Service
- Care Homes
- Birth Injury / Cerebral Palsy
- GP & Community Nursing
- Hospital and Surgery
- Maternity / Gynecology
- Mental Health
- Wrongful Birth
If you have been bereaved, we are here to listen. We can support and advise you through an Inquest, or with Dependency Claims. It costs nothing to find out if you have a claim, so why not get in touch?
When you get in Touch
We understand that reaching out for help after a medical incident can be difficult. When you first contact us, one of our compassionate Medical Claims Advisors will speak with you. They’ll need to gather details about what happened so we can fully understand your situation. The advisor will ask whether you’ve filed a formal complaint and about your current circumstances. Try to keep as detailed a record of your treatment as you can. Note any concerns you have had about your treatment, and keep any related correspondence.
We know that these claims often involve very personal and sensitive information. Some of the questions our advisors need to ask may feel intrusive or embarrassing, especially if the issues are gender-specific. At TSP, we have male and female staff, so please let us know if you have a preference when you call.
Our advisors are trained to ask these questions with sensitivity and care, giving you ample time to share your or your loved one’s experience. We’re here to provide a supportive, judgment-free environment as we seek justice and proper resolution for your medical negligence case. Please don’t hesitate to share any concerns you may have.
Do I have a Claim?
For a solicitor to proceed with a claim they will need to establish three key elements:
- The healthcare provider owed a duty of care
- Sub-standard care: This means that the care you received fell below the standard expected of a reasonably competent practitioner.
- Harm caused by the failure to provide proper care: Your health outcome must have been adversely affected by the substandard care.
When you’ve contacted us, we’ll assess the strength of your claim, and let you know if we can help you further. We may need additional information from you, such as medical records or copies of any correspondence you’ve received to help us assess the case.
If you think you have a claim, give us a call. We will listen carefully to what you have to say and will advise you on the best course of action to take. You will not be under any obligation to us and your initial discussion with us will be completely free.
Funding your claim
If you decide to bring a claim forward, we will be able to provide you with legal support with no immediate costs to you. Only at the end of the claims process will fees have to be met.
When you contact us we will undertake a free initial evaluation of your potential claim over the telephone. We will consider whether we feel that the chance of a successful outcome to your claim is over 50% and strong enough for us to take the matter on under a CFA / No Win No Fee agreement. We may need additional information from you to carry out this assessment, such as your medical records or your complaint correspondence if you have made one.
Before starting a claim you should consider three questions:
- How will I pay my solicitor’s fees?
- How will I pay expenses like Court fees and doctor’s fees
- How will I pay my opponent’s fees if I lose?
There are several ways in which a claim can be funded and we will advise you on your funding options and the potential costs that may be involved once we have completed our initial assessment of your case.
Investigating a Claim
Once you’ve instructed us, we’ll investigate your case in greater detail. We will need to see your medical records, and in some cases, we will instruct an independent medical expert to provide a written opinion on whether your care resulted in harm and injury.
In some cases, the expert opinion will not support your claim. In these circumstances, we are unable to proceed any further. If the opinion is supportive, we will obtain a second medical report which will set out your current condition and prognosis as a result of the sub-standard care you received.
Letter of Claim
We write a formal Letter of Claim to the hospital or doctor’s surgery responsible for your situation. The letter will set our allegations, and the healthcare provider is obliged to respond within 4 months either admitting or denying your claim.
If the healthcare provider admits liability, we can begin settlement negotiations in the form of compensation. We don’t necessarily need to go to Court in these cases. If they deny the allegations then we’ll review the strength of your claim again to see if it is appropriate to involve the Court. If your case is sufficiently strong we will support you in making a claim through the Court. If not, it is unlikely we can take the case further.
Court Proceedings
If we’re able to pursue your claim through the court we’ll do so.
Sometimes, even though the defendant has admitted liability, an agreed settlement cannot be reached. If this is the case, it may be necessary to involve the court. Once a settlement is agreed it may need to be approved by a judge.
Clinical Negligence Compensation
The amount of compensation you can expect from your Clinical Negligence claim is bespoke to your case. The final number is based on is based on the level of pain, suffering and loss you or your loved ones have sustained.
You can claim for any injury or loss suffered which was caused as a direct result of negligent treatment you received. This could include:
- Physical pain and suffering and the loss of the things that make life pleasant, whether physical or psychological
- Loss of earnings
- The cost of any extra care or equipment you may need
- The cost of any ongoing treatment
- Psychiatric or psychological injury
In cases where someone has died, you can claim bereavement damages (if the person who died was your husband, wife or child under 18). If the deceased contributed to the cost of running your household, you can claim Loss of Dependency on their income, so you don’t have to worry about money at this painful time.
Catastrophic Clinical Negligence Cases
In our experience, catastrophic cases tend to attract a significant amount of media attention, either because of the settlement figure or the emotional nature of the case. As a standard part of our service, we’re here to help you manage press enquiries. We follow your lead – whether you wish to speak directly to the press about your ordeal, or would rather maintain your privacy we’ll handle it.
Frequently Asked Questions
- The following is not intended to be an exhaustive list, but examples of substandard care that can result in negligence include:-
- Failing to diagnose a condition or making an incorrect diagnosis
- Failing to warn a patient about the risks of a particular treatment
- Failing to provide adequate treatment or delay in treatment
- Failing to obtain informed consent to treatment
- Giving the wrong medication
- Making a mistake during a procedure or operation
We have represented many people recover damages in all areas of clinical negligence. For examples of cases we’ve represented in the past, visit our case studies page.
What should I do if I have a complaint about the standard of my care?
You do not necessarily have to follow the NHS or private complaint procedure before beginning your own legal case but it may help the litigation process to do so. Through the NHS or private complaint procedure you can seek an explanation as to what went wrong. You have the right to make a formal complaint about any aspect of NHS/private care, treatment and service. Do this as soon as possible, but you don’t have to wait to do this before contacting us.
Following a formal complaint, the treatment provider will undertake an internal investigation. The NHS treatment provider is also under an obligation to undertake an internal investigation if a “never event” incident has occurred to highlight failings and to recommend change where appropriate. “Never events” are defined as serious incidents that are wholly preventable and should not occur. Whilst the NHS is working towards a more transparent culture, there is still much room for improvement. An early apology and acceptance of mistakes can provide some reassurance and closure to victims of medical negligence.
For more information see here.
Any injuries arising out of medical negligence can have a devastating effect, not just on the patient but the whole family. There will undoubtedly be financial losses in the form of lost income, the need to pay for care, or reliance upon family and friends to provide care and support, to name a few. It is therefore perfectly reasonable to seek financial compensation for an injury suffered because of the negligent actions of medical professionals.
Litigation costs and human costs are avoided if the negligent treatment is avoided in the first place. When avoidable harm does occur, any potential legal costs could be significantly reduced if incidents are investigated properly, failings identified, and resolution of the case sought without the need for litigation.
The only way to get full compensation for medical negligence is by taking legal action. Legal action cannot put things right but it can help you to cope with the consequences of the negligent actions.
Apart from maximum severity cases, which include high care costs, loss of earnings is often the largest head of damage in an injury claim.
The objective of the award is to put the Claimant in the position he/she would have been in if he/she had not sustained injury. In a simple case this should be a relatively straightforward exercise. The assessment becomes more complex with losses running into the future or where the number of uncertainties or imponderables mean that a straightforward calculation is not possible.
In a claim for compensation, your legal team will advise you on heads of losses that can be advanced on your behalf. The following is not intended to be an exhaustive list, but examples of some items that can be claimed as part of your injury claim:
- General damages for pain suffering and loss of amenity
- Care
- Loss of earnings
- Travel/transport
- Aids and equipment
- Treatment/therapy/gardening/DIY
- Accommodation
Damages are awarded for pain which the Claimant feels consequent to an injury both in the past and into the future. The level of damages will depend upon the duration and intensity of the pain and suffering. The assessment is subjective and it is for the Claimant to give evidence of the effects of the injuries. This is made at the date of trial in order to provide the Court with as full a picture as possible resulting in an award of damages.
Medical negligence claims do have a positive impact on the NHS and its standards, but only because they raise the profile of areas of concern within individual NHS Trusts. This then results in the Trusts instigating internal investigations into their own failings. These investigations very often result in “lessons learned” – members of staff undergo retraining, teams think about different approaches to problems, protocols are re-writtten and tighter systems put in place. Whilst this all helps to raise the standard of care in the NHS it does not alter the fact that standards should be high in the first place and it should not take a medical accident to happen for a Trust to become aware that they have a problem.
Unfortunately medical accidents are far too common an occurrence. At TSP our focus is always on improving the life of our client rather than improving the NHS although this is hopefully a side-benefit to the claims that we pursue on our clients’ behalf.
Usually, once a claim has been settled this is the end of our involvement. However, there are certain cases that require our input and expertise after settlement has been reached.
In cases where the settlement monies are for a minor (anyone under the age of 18) or for someone without capacity (unable to look after their own affairs) the money will need to be looked after. This is done by setting up a Trust or working with the Court who holds the money until it needs to be released.
We have a track record of achieving several million pounds in settlement for clients and in a number of cases these settlements have been awarded to children. Once a claim is settled therefore there is still work to be done, but the work changes from litigation to long-term planning.
TSP has the benefit of a broad spectrum of expertise across many of areas of the Law. This allows us to offer continuity of client care and legal advice in a number of areas such as:
- Setting up a trust for a child
- Court of Protection advice
- Property Advice
- Deputyships
- Making a new Will or updating an old one to reflect your change in circumstances
Of course every client has a different situation and therefore different needs; we will help you to identify the steps you need to take to take care of your and your family’s future.
No, we’re afraid that they don’t. As we explained in our “Do I Have a Claim” section there are a number of tests that must be satisfied in order to be able to proceed with a claim. However, even where we do not advise making a claim we do our best to explain why this is the case and help you to get some form of closure, if possible.
For example, a potential client approached us because he was concerned that he had lost the sight in one eye as a result of poor care. We sought an expert opinion on this and contrary to what the client expected, the expert advised that with this particular eye condition he would have lost the sight in that eye anyway, irrespective of what care he had been given; therefore he did not have a claim.
The potential client was relieved to find out that his situation hadn’t arisen because of poor or negligent care and that he didn’t have to go through his life knowing it could have been different with better care. He said he felt very pleased to know that it wasn’t somebody’s fault that he was in this position. He did not have a claim but he did get closure which, for him, was just as rewarding.
The amount of compensation that can be claimed in a clinical negligence case is based on the level and extent of the pain, suffering and loss sustained; the amount of damages that can be awarded will therefore vary hugely from case to case.
Compensation for the preventable death of a high-earner with dependants i.e. a spouse or young children, can be very substantial. Similarly, there are cases where the damages that can be claimed have little or no value whatsoever. TSP’s legal team have represented Claimants to secure substantial compensation in all aspects of clinical negligence. For examples of cases we’ve represented in the past, visit our case studies page.
Ultimately when you proceed with a claim for clinical negligence the only thing you can be sure of achieving, if your claim is successful, is an award of compensation. Very often in the process of settling your claim answers may be supplied about what happened and why – but this is not guaranteed.
You need to be prepared to go to Court but it is unlikely that you will ever have to. Only a very few cases go unresolved all the way to a trial. Usually, a claim has to be lodged at Court within three years of negligence or the patient becoming aware of the problem — this is often when the negligence occurred. There are certain times when different timescales apply for bringing a claim, including if the patient is under the age of eighteen, or lacks mental capacity.
For more information on Court process and Time Limits see here.
HSSIB is fully independent arm’s length body of the Department of Health and Social Care. It is independent of the NHS, it is hosted under the Care Quality Commission (CQC). They can investigate patient safety concerns that:
- occur in England during the provision of healthcare services; and
- have or may have implications for the safety of patients.
Health Services Safety Investigations Body (HSSIB) investigations can consider healthcare provided in the NHS and the independent sector where safety learning could also help to improve NHS care
For more information see here.
Contact our Solicitors in Colchester or Clacton
We’re here to help. Get in touch or contact one of our offices: