FAQs

Medical Negligence And Your Rights

Many people are unsure about their rights when making a medical negligence compensation claim. Below are some answers to questions claimants of medical negligence tend to ask when they contact Mistreatment.com about their medical negligence compensation claim.

Am I Eligible To Make A Claim?

To find out if you are eligible to make a medical negligence claim you can call for us for a free claims assessment so you know exactly where you stand and what your healthcare and legal rights are. If we can assist, we will provide you with a free claims assessment and outline the available options to you so you can make an informed decision about what you would like to do.

Unfortunately we are only able to assist those who have suffered from medical negligence within England and Wales.

Is This A NO WIN NO FEE Service?

Yes. Once the details of your claim have been assessed by one of our specialist medical negligence solicitors the funding options for your claim will be selected. Your claim may qualify for legal aid funding and this will be considered if your circumstances fit appropriate legal aid criteria, however if you are not eligible for legal aid, our specialist medical negligence solicitors will proceed with your case on a NO WIN NO FEE agreement. This means that in the unfortunate event you are unsuccessful you WILL NOT have to pay the solicitors fees.

During the free claims assessment it may be necessary in rare circumstances to release your medical records. The GP or Hospital Trust may charge between £10-£50 to release them in such circumstances. However, at NO COST TO YOU, our medical negligence solicitors will review these records for FREE to see if there is a potential claim if they do need to be released.  

What Can I Make A Claim For?

Our medical negligence solicitors panel solely specialises in various medical negligence claims ranging from minor injuries to complex and catastrophic cases, which include:

In addition to this, you may also be able to claim for any out of pocket expenses due to the injury such as any loss of income, travel expenses, prescription expenses and medical treatment expenses. You may also claim for future losses as a result of the injury such as changes to your occupation, lifestyle changes you have had to make and further medical expenses.

What Are The Time Limits To Make A Medical Negligence Claim?

There are several situations where the time limits to make a medical negligence claim are particularly relevant. In general terms it is advisable to undergo a free claims assessment with us so that if your case warrants further investigation-and is time limit sensitive-it is important to commence a potential medical negligence claim as soon as possible. In such cases meeting with a solicitor is not in itself sufficient and it may be important to commence proceedings so that your case does not come outside the time limit or 'Limitation' period. For further information please call us.

For an adult with  mental capability and able to conduct their own affairs
Court proceedings must be issued within three years of the date of the incident or three years of the date when they became aware that they had suffered a significant injury as a result of the defendant’s acts or omissions. This is known as the date of knowledge. While in some instances the alleged date of negligence may be more obvious-such as the actual date of a negligent surgery-in other cases the date of knowledge could be some considerable time later than when the potential negligence occurred. The time limit of three years would not start to run until you gained this knowledge.

Children
The time limit for a child to bring a claim for medical negligence is until the child’s 21st birthday when the ability to bring a claim will expire. The child therefore has the option of potentially pursuing a medical negligence claim once they become an adult.

Where the child or adult does not have mental capacity

If an adult is lacking mental capacity and so is not able to manage their own affairs,  there is no time limit for that individual in bringing a potential medical negligence claim. This is also the case for a child who-even when they are older- are unable to manage their own affairs. The above rule regarding the time limit to their 21st birthday is inapplicable in this case.

Fatal Claims commenced on behalf of deceased’s estate

The family can bring a claim on behalf of the deceased's estate but the time limit for bringing such a claim is three years from the date of death. If it is the case that an individual passes away and leaves young children, each child has until their 21st birthday to bring a potential compensation claim-being brought as one claim.


Unsure If You Are Entitled To Make A Medical Negligence Claim?

Before you decide to bring a claim, our dedicated claims department will under no obligation carry out a free claim assessment.

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FAQs

Is this a NO WIN NO FEE service?

Yes. In most cases, our specialist medical negligence solicitors act under a no win no fee agreement (unless the case is eligible for legal aid).

Providing you cooperate with the solicitor and do not provide misleading information, then should your case fail you will not be liable to pay the solicitors legal fees.  

A no win no fee agreement is a very common agreement used in many types of legal claims. All the solicitors that work with Mistreatment.com are specialist no win no fee medical negligence solicitors and over the years have helped thousands of people on a no win no fee basis.

Unsure if you are entitled to make a claim?

Before you decide to bring a claim, let our specialist team carry out a free and confidential claim assessment under no obligation for you to use the service.

Free Phone:

0800 222 9800

Lines Open 24 Hours A Day

REQUEST A CALL BACK

START YOUR FREE CLAIM ASSESSMENT

What can I make a claim for?

When settling medical negligence claims, our medical negligence solicitors have experience in recovering compensation and financial losses, as well as arranging any necessary services to improve the client’s future quality of life. These can include:

  • Compensation for the Injury or Loss
  • Loss of Earnings
  • Interim Compensation Payment
  • Private Medical Treatment Costs
  • Care & Case Management Costs
  • Rehabilitation Costs
  • Housing Adaptation & Relocation
  • Out-Of-Pocket Expenses
  • Compensating Dependants (Spouse/Children)
  • Benefits & Financial Advice
  • Independent Medical Experts
  • Court Of Protection
  • Coroners Inquest Advice
  • Special Adapted Vehicles
  • Recovering The Legal Costs
  • Other Expenses

Unsure if you are entitled to make a claim?

Before you decide to bring a claim, let our specialist team carry out a free and confidential claim assessment under no obligation for you to use the service.

Free Phone:

0800 222 9800

Lines Open 24 Hours A Day

REQUEST A CALL BACK

START YOUR FREE CLAIM ASSESSMENT

Are your solicitors specialists?

The medical negligence legal teams at Mistreatment.com and their medical negligence solicitors specialise in exclusively assisting the public in accessing justice for medical negligence matters.

Between them, they have handled over 50,000 enquiries from the general public about medical negligence or a medical complaint and have assisted thousands across England & Wales on a no win no fee basis in pursuing a medical negligence claim.

Over the years, certain cases that have been settled by our specialist medical negligence solicitors have gained national television, news or media attention for being ground-breaking settlements or the first case of its kind. In all of these cases the solicitors have acted on a no win no fee basis.

Unsure if you are entitled to make a claim?

Before you decide to bring a claim, let our specialist team carry out a free and confidential claim assessment under no obligation for you to use the service.

Free Phone:

0800 222 9800

Lines Open 24 Hours A Day

REQUEST A CALL BACK

START YOUR FREE CLAIM ASSESSMENT

Can I read some testimonials?

The legal teams at Mistreatment.com have helped and continue to assist thousands of people pursue a NO WIN NO FEE medical compensation claim.

Please click on the link below to see some case studies and testimonials. 

READ CLIENT CASE STUDIES

Am I eligible to make a claim?

The legal teams at Mistreatment.com offer a free & confidential claim assessment, with no obligation for you to use the service. The free claim assessment will help you better understand your options before you decide to bring a claim.

As part of the free claim assessment, the circumstances surrounding your case are reviewed by a specialist medical negligence solicitor and in some cases by an independent medical expert. Your case is also checked to see if it qualifies for no win no fee or legal aid funding.

Before you decide to bring a claim, let our specialist team carry out a free and confidential claim assessment under no obligation for you to use the service.

Free Phone:

0800 222 9800

Lines Open 24 Hours A Day

REQUEST A CALL BACK

START YOUR FREE CLAIM ASSESSMENT