Derby Clinical Negligence Solicitors

Freeth’s clinical negligence lawyers are friendly, sympathetic and approachable. Our team have vast knowledge and experience in dealing with the full breadth of clinical negligence claims against GPs, hospitals and private practitioners such as surgeons, therapists and dentists. Our lawyers have specialist expertise in key fields including child and adult brain injury, spinal injuries, birth injuries, cerebral palsy, catastrophic injuries and fatal cases. We can handle your claim in a sensitive manner, providing tailored legal advice to suit your individual needs and we have a proven track record in bringing successful claims.

We are highly recommended in both the Chambers and Legal 500 directories across our offices nationwide. Our solicitors are accredited by specialist panels including those of AvMA (Association against Medical Accidents), APIL (Association of Personal Injury Lawyers) and the Law Society.

We work closely with local and national charities to raise awareness and to support those affected by medical conditions and disabilities. We understand and share the goals if these charities in helping improve early diagnosis and patient care whilst reducing incidents of medical negligence, so that others need not suffer as many of our clients have. We also work and campaign to improve the support, assistance and services for those with often life changing injuries and their families.

By bringing a successful medical negligence claim you can secure compensation for both the injuries you or you loved one suffered and the financial expenses and losses you have experienced as a result of the substandard treatment you have received. It may also be possible to obtain an apology and to highlight areas for improvement to prevent the same mistakes being made in future, but these are not remedies that can be ordered by the court if the claim goes to trial.

Our specialist clinical negligence solicitors consistently secure outstanding results for adults, children and their families who have suffered injury due to substandard medical treatment. Whilst no amount of money can ever undo the damage and devastation caused by a serious injury, compensation can make a massive difference to how you manage and seek to overcome the consequences of medical negligence and to improve quality of life.

Compensation is divided into two types of damages:

(i)  General damages made up of compensation for pain, suffering and loss of amenity reflecting the seriousness and duration of the injury, any limitations/restrictions caused by the injury and how it affects you in daily life ; and

(ii) Special damages to cover the financial consequences of your injury including expenses incurred, the costs of any medical treatment, therapies, care, assistance or equipment you require, loss of earnings and any other financial losses flowing from the injury caused by the substandard treatment. The amount of compensation you will receive if the claim is successful depends onthe nature and severity of your injuries and the extent of the financial losses that have and will be incurred as a result .The principle behind compensation is to try so far as possible to put you in the position you would have been in had you not received substandard treatment.

The length of a claim depends on a number of factors, including whether admissions are made by the defendant, whether liability or causation is admitted, and the complexity and severity of the injury. In cases where admissions are made and liability is admitted it is often possible to resolve the claim in a shorter time frame. However, it is necessary to have a clear and firm prognosis and to be able to understand the impact of your injury in order to value the claim. In some cases, particularly those involving children, it may be necessary to wait until they are old enough for the implications to be accurately assessed. In cases which are likely to take longer to value, we look wherever possible to secure interim payments of compensation for our clients to help meet shorter term needs.

No, your claim should not affect you treatment. Gps, hospitals and other medical professionals do not have the right to refuse treating you simply because you are bringing a claim against them. In practice, however you may feel more comfortable in seeking an alternative healthcare provider or even requesting different doctor or specialist rather than placing your trust in a person or hospital that has already let you down.

Yes, strict time limits apply when bringing a claim. Failure to issue court proceedings within these limits could result in your claim being time-barred and you may lose the right to claim compensation.

To bring a clinical negligence claim in England or Wales you must issue proceedings in the high court or the county court against the defendant(s) within 3 years of your “date of knowledge”. This is the date when a reasonable person in your situation would first have had knowledge that:

• That your injury was significant
• That your injury was either totally or partly caused by an act (or a failure to act) which you believe was negligent
• Of the identity of the person (or organisation) who you believe was negligent

In the case of a child, the time limit does not begin to run until they reach maturity. Proceedings must therefore be issued within three years of 18th birthday (i.e. before they turn 21 years old).

The three year period will not start to run if the person does not have mental capacity to bring a legal claim. Therefore in cases where the claimant lacks mental capacity at the time of the alleged negligence the time limit will not apply unless they regain capacity.