Clinical Negligence

Clinical NegligenceHere at McKeag & Co we have specialised solicitors who are members of the Law Society Personal Injury Panel and the Law Society Medical Negligence Panel.

Our Solicitors have a wide range of experience and whatever the circumstances of your claim, you can rest assured that it will be handled with the utmost discretion and sensitivity.

McKeag & Co have a Public Funding franchise in the field of Clinical Negligence and if you are eligible, we will obtain Public Funding, also known as Legal Aid, on your behalf. If you are not financially eligible we shall be happy to discuss alternative funding arrangements with you.

If you feel that the medical treatment that you have received has been negligent and would like to see if you are able to pursue a claim for Clinical Negligence, please contact us and you will be put in touch with a Solicitor who will discuss your claim with you free of charge, either over the telephone or in person, if required.

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Frequently Asked Questions

My treatment has gone wrong can I make a claim?

The following are common situations where patients are able to pursue a claim for Clinical Negligence:

Misdiagnosis of a condition which results in a delay in treatment

Examples include:
- Patients being discharged from hospital being told that they have sustained a tissue injury when they have a broken or fractured bone.
- Failure to diagnose a condition or refer a patient for further testing based on the symptoms that a patient is suffering from.
- A patient being told they have a condition that they do not have, a patient being told that they do not have a condition when in fact they do.

Treatments being performed without the Patients consent

Examples include:
- An operation is performed which the patient has not consented to.
- A patient consents to an operation without being fully informed of the risks and then later suffers one of the complications that they were not aware of.

Incorrect treatments being performed

Examples include:
- The patient has consented to an operation but a different operation is performed.
- The patient is diagnosed and treated as suffering from a condition which they do not have and that treatment has a negative impact on their health.
- Negligent dispensing of medication.

Treatments being performed to an unacceptable standard

Examples include:
- Cosmetic surgery.
- Obstetric procedures, including cases where a brain injury has been sustained.
- Gynaecological procedures.
- Orthopaedic procedures.

Unacceptable Nursing Care

Examples include:
- Mistreatment in a care home.
- Patients who develop bed/pressure sores.
- Negligent development of infections.

If you have any queries or need assistance please do not hesitate to contact us.

How do I know if I am eligible for Public Funding?

The Legal Services Commission who are responsible for dealing with applications and payments on claims that are Publicly Funded have an eligibility calculator.

If you click on the link below and fill in the form it will calculate whether you are eligible to public funding.

If you are not eligible for Public Funding there are other ways that we can fund your claim.

If you have any queries or need assistance please do not hesitate to contact us.

What if I am not eligible for Public Funding, how else can I fund my claim?

If you are not eligible for Public Funding, then following our initial meeting, we will make a decision on whether or not we will be prepared to proceed with your claim with the benefit of a Conditional Fee Agreement (also known as a ‘No Win No Fee’ Agreement).

If we proceed in this way, we would not charge you for any of the work that we complete on your behalf.

In the event that following our investigation into your claim, we decide that we are unable to take your claim any further then you can rest assured that you will not be charged for the work that has been completed up until this stage.

In the event that you are successful in your claim, we would then seek to recover our legal costs, along with any expenses incurred in investigating your claim from the Defendant.

If you have any queries or need assistance please do not hesitate to contact us.

How does a Clinical Negligence claim work?

Clinical Negligence Claim Process

How do I make a complaint against a hospital or my GP?

In the event that the incident giving rise to your complaint occurred less than six months ago, we will advise you to pursue a formal complaint through the NHS Complaints Procedure, which is available to all patients who feel that there has been some kind of error or inadequacy in their treatment.

Once the complaints procedure is underway, you will be required to set out your allegations against the Hospital/GP and their staff in writing and this will initiate an internal enquiry into the standard of the treatment that you received within the Hospital/GP. Once their investigations are complete, the Hospital/GP will then be obliged to set out a detailed response to each of your allegations.

Although no compensation is available under this scheme, it is a very good way to establish what the Hospital/GP make of your claim and whether they admit any liability for your injuries. This response will provide a very useful starting point to enable us to investigate your allegations and assess the prospects of success in your claim.

The NHS Complaints Procedure will normally take between three and six months to complete.

As Solicitors, we would be unable to represent you in making your complaint, but assistance would be available from your local Independent Complaints Advocacy Service (ICAS), who are an independent organisation that will be able to assist you in making your complaint under the Procedure.

You can contact your local ICAS Office by using the relevant telephone number listed below:-
North East: 
0845 120 3732
Yorkshire & Humberside:0845 120 3734
North West: 
0845 120 3735
West Midlands:0845 120 3748
South West: 0845 120 3782
0845 120 3784
Bedfordshire & Hertfordshire: 0845 456 1082
Essex:   0845 456 1083
Cambridge, Norfolk & Suffolk:0845 456 1084
South East:
0845 600 8616
East Midlands:
0845 650 0088
0292 037 7431

If you have any queries or need assistance please do not hesitate to contact us

I think I have a claim for Clinical Negligence, what should I do?

Examples Of Successful Cases

Case Study 1

Miss. J. came to see us at the age of 25, having recently been diagnosed as suffering from the stomach disorder, Coeliac Disease. She had spent her childhood and adolescence in extremely ill health and had been unable to eat properly as a result of her condition and this had resulted in her being misdiagnosed as suffering from an eating disorder. We obtained medical evidence to show that her condition should have been diagnosed in childhood and that if this had been the case she would not have gone on to suffer from a number of physical and psychological problems associated with the late diagnosis. Following negotiations with the Defendant, her claim was settled for £120K and we also managed to secure her a letter of apology from the Defendant without the need for court proceedings.

Case Study 2

Mrs. P. contacted us very late in the day regarding a claim arising out of the death of her husband in hospital following a failure to diagnose that he was suffering from viral meningitis. During the course of our initial investigations, it became clear that Mrs. P. and her children had all been present and witnessed the death of their husband and father and that they had suffered a psychological reaction as a consequence of this. As a result of the additional investigations that we undertook on the part of Mrs. P and her family we were able to not only obtain damages under the Fatal Accidents Act as a result of Mr. P’s death, but also obtained over £100K as compensation for the family as a result of the psychiatric injury that they themselves sustained.

Case Study 3

Miss B. suffered brain damage after an artery was negligently severed during surgery and she was subsequently given a blood transfusion with an infected blood product. We proceeded with a claim against both the NHS Trust who had treated Miss B and also the National Blood Authority. Miss B’s claim was settled on the morning of trial for £1.6 million.

Case Study 4

Mrs. R. came to see us following an operation that she had undergone to improve the asymmetry of her breasts. Following our investigations into the matter, it became apparent that the consent process had not been undertaken appropriately prior to the operation and that as a result of this Mrs. R. had agreed to undergo a procedure which would not give her the best cosmetic outcome. Following the surgery, Mrs. R. had been left with more marked asymmetry than she had suffered from prior to the operation and meant that she would require further surgery to correct it. This had had a great impact on her psychological wellbeing which had left her unable to cope in many social situations and had ultimately resulted in the breakdown of her marriage. We obtained a settlement for £35,000.00 to compensate Mrs. R. for the injury that she had sustained and cover the cost of the remedial surgery that she would require.

How Much is my Claim Worth?

A JSB Guidelines document detailing the types and typical claim value of injuries can be found [here] in PDF format.

Alternatively use our Online Claim Calculator.

If you think you may have a claim for Clinical Negligence please do not hesitate to contact us.