If you have reason to believe that you or your loved ones have been injured as a result of clinical negligence contact the expert clinical negligence solicitors at Forbes on 0800 037 4625 for free initial advice and start your no win, no fee compensation claim today.

When you contact the expert clinical negligence solicitors at Forbes we will discuss the extent of your injuries with you and try to ascertain who might be to blame for those injuries.

Here we will need to decide who is at fault, at which time you may hear us talk about "breach of duty". This is where we will try to determine whether your care fell below the high standards expected of medical professionals. We will talk about your claim with you and figure out whether a medical professional has caused you more harm than good as a result of their incompetence. This part is called "causation" or "avoidable harm" and is where we try to prove that the care itself, not the illness, has caused the injury.

Time limits

There are strict time limits placed upon clinical negligence claims but these may vary depending on the age of the patient. Patients are usually required to start a compensation claim within 3 years of their injury, or within 3 years of when they discover their injury was the result of clinical negligence.

In cases where a child under 18 has suffered clinical injury, the time limit starts from the date of their 18th birthday.

It's vital that you contact the expert solicitors at Forbes as soon as possible as these time limits are strictly enforced.

For more information on making a clinical negligence compensation claim, contact the expert no win no fee clinical negligence solicitors at Forbes today.

All initial advice is completely free and all cases are handled on a no win, no fee basis.

One of the most common questions we get asked at Forbes is "How do I pay for my clinical negligence compensation claim?". There are a number of possible options.

No Win No Fee

Many of our clinical negligence compensation claims undertaken by our specialists can be handled on a no win, no fee basis, which means when we decide to take on a claim, we do so believing we will win.

A no win, no fee agreement is also known as a Conditional Fee Agreement or CFA and is a better option for those who may not be able to afford legal fees. We will always discuss the best option for you and will collect as much evidence as possible before pursuing a claim to ensure there is a high probability of success.

If you win your claim the other side will pay for legal costs. We may take a small percentage from your compensation to cover the risk of losing. This will all be explained to you during our initial consultations so you are made aware of the costs involved and any of the risks.

Legal Aid

Forbes Solicitors can also offer representation via Legal Aid for serious birth injury cases. We are one of only a few law firms in the North of England with a Legal Aid Agency Clinical Negligence Franchise. This award allows only an elite number of highly qualified solicitors to apply for Legal Service Commission Funding (formerly Legal Aid) to handle clinical negligence cases.

Private services

In some circumstances your compensation claim may not be suitable for a no win, no fee basis. In this case we can discuss our charges which will based on an hourly rate.

As always there are no hidden costs when you instruct us to pursue a claim and your best interests are at the heart of everything we do.

The term medical negligence (also known as clinical negligence) is usually defined as a breach of a duty of care from a health professional that has resulted in harm and loss. The NHS defines it as "a breach of duty of care by members of the health care professions employed by NHS bodies." Of course, it is also possible to bring a medical negligence claim against private healthcare providers such as private hospitals, care homes and GPs and dentists.For there to be a valid medical negligence case the breach of care must have caused harm or damage to the patient. Medical negligence can take a number of forms such as:

• Misdiagnosis

• Incorrect treatment

• Surgical mistakes

• Prescribing inappropriate medication

• Damage to child before, during or after birth

• Not giving a person the treatment they need

• Not being told about the risks of a proposed treatment

• Delay in the provision of appropriate treatment

Medical professionals have a duty of care to their patients and when this is breached it may be possible for you to claim compensation for medical negligence. The aim of a medical negligence case is to award damages (compensation) to put the injured party back in the position financially that they would have been in had it not happened. The court is not able to change the working practice, improve care standards, make the trust or an individual apologise and cannot discipline a medical professional. A successful claim is likely to encourage those responsible to revisit their practice to prevent something similar from happening again. When it comes to medical negligence, the burden of proof falls on the person bringing the claim. In order to have a successful claim the claimant or their solicitor will need to prove the following:

• The healthcare professional owed a duty of care to the claimant

• There was a breach of that duty of care

• That the breach has caused harm to the claimant

• Damages for injuries and other losses (such as loss of earnings) have resulted from the harm caused by the breach of careIf you wish to bring a claim against a medical professional or organisation it is highly recommended to hire an experienced medical negligence solicitor.

A clinical negligence claim is only possible if at least some fault can be found against the hospital, doctor or other medical professional. Only if fault, or a 'breach of a duty of care', can be proven, and that breach has caused some additional harm, will your claim have a chance of being successful. It is not enough that the treatment offered did not succeed or did not work as had been hoped.

If you do think you have a clinical negligence claim, then this will probably have to be confirmed in writing by an independent medical expert, unless the medical professional admits a breach of duty and that breach has caused additional harm.

The legal test for a Clinical negligence case is based on the issue of whether it can be proved that no reasonable medical practitioner practicing in their particular field of medicine would have provided that treatment for that particular condition at the relevant time. In other words if you were to ask a number of doctors practicing in a particular area whether they would have done the same thing and the majority say yes they would, then there is no negligence. If on the other hand that same majority say the treatment was not acceptable then it would be considered negligent. This is known as the 'Bolitho test', which has followed the 'Bolam Test'.

Making a claim for medical negligence, also known as clinical negligence compensation in the UK, can be complex and take 12 months or more. To pursue a clinical negligence claim, you must prove that a medical professional failed to carry out their responsibilities (this is known as fault or breach of duty) and that this caused you harm and suffering; this is known as avoidable harm or causation.

To ensure you get the compensation you deserve, your medical negligence solicitor will need to have a full and thorough understanding of how the results of the negligence have impacted your life. This may involve the following:

• Taking detailed statements

• Obtaining full copies of your medical files

• X-rays and scans (if needed)

• Seeking expert medical opinion form an expert away from the local area

• An examination by an independent medical professional

In very rare cases, you may need to go to court; if this does happen, we will be there to help you.

All of this will need to be done thoroughly to ensure success; this can mean that it takes time and depending on the nature of the negligence, it could be upsetting. However, Forbes' capable clinical negligence solicitors will help you arrange all of this and advise you all the way through the process.

When claiming for medical negligence, compensation is not always what a person wants; some want an apology, others may want to see justice served so that no one else will suffer like they did. However, there is no guarantee you will get this. Putting forward a medical negligence claim may only provide you with financial compensation, if successful. Sometimes, an organisation may agree to compensation but will not agree to admit liability. In this event, our solicitors will be able to advise you what the best course of action is.

It is possible that a clinical negligence case may cost you something, however, if your claim is successful, it is likely that most of your legal fees will be paid for by the defendant (for example the NHS Trust responsible for the negligence).

How much you will get for a clinical negligence claim, if successful, will depend on the severity of the injury and loss caused by the negligence, how this will affect your future care needs and loss of earnings; this can include past and future earnings too.

If the negligence you have suffered has permanently harmed your quality of life, you may be able to receive compensation that will continue to pay out over your lifetime to ensure that you are cared for properly. Compensation can also include payment for a suitable home, and/or adaptations to it, vehicle, aids and other equipment, care and therapy you may need. Substantial awards are often paid partially in a lump sum and then followed by periodical payments.

When claiming for loss of earnings you will need to declare how much time you had to take off work. Use our Personal Injury Compensation Calculator to find out how much you can claim for your injuries.

As clinical negligence claims can be highly complex, it can take a long time for the process to be completed. At best, it may take 12 months to 18 months; for particularly complex cases, it may take years. If the other party admits negligence, then proceedings may take less than a year to resolve. Where liability has been admitted it might be possible to obtain an interim payment that represents a reasonable proportion of your claim. This can provide some compensation until the true value of the claim can be calculated. The process takes time because your claim must be thoroughly investigated and evidence gathered. You may also need to be examined by one or more medical experts. If the seriousness of your condition is still unclear, then the case may be delayed as you may need further medical examinations.

Once the evidence has been presented to the defendant involved, they may want to get their own medical evidence which will also take time. Another reason clinical negligence claims take so long is because compensation payments in themselves can be complex.

Medical negligence can affect your life in many different ways. For example, it could be possible to claim for some, or all of, the following:

• Pain and suffering

• Loss of amenity

• Loss of past & future earning

• Reduced employment prospects

• Cost of care

• Medication (if required)

• Private health care (if required)

There are different rules for reporting medical negligence depending on whether you received treatment on the NHS or in the private sectors.

How to report medical negligence to the NHS

If you think you or a relative has suffered medical negligence at an NHS institution then you can complain to the NHS, but this is not compulsory. It can, however, be helpful as it may give you more information about what happened. Unfortunately, knowing who to complain too is not always straight forward. It is possible to complain to the NHS service provider directly (i.e GP, dental surgery, or hospital).

You can also contact your clinical commissioning group (CCG) regarding secondary care, which includes hospitals, mental health services, out-of-hours services, NHS 111 and community services - district nursing, for example.

If you do not wish to go down the NHS complaints procedure, then you can take legal advice from a qualified medical negligence solicitor and they can begin your claim. If you feel that your complaint has not been resolved by the NHS, you can complain to the Parliamentary and Health Service Ombudsman. For more information on how to complain to the NHS click here.

How to report medical negligence when you have received private care

When it comes to reporting medical negligence in private care there is no formal procedure. Private Doctors, such as GPs, will have insurance against such mistakes. Unfortunately that is not true of all medical staff in the private sector and particular caution should be applied for example when choosing a plastic surgeon to check that they are insured. A private hospital or care home will also have their own complaints procedure. Usually, in a medical negligence case against a private healthcare professional the individual practitioner will be named as the defendant. If they are an employee of a private hospital or care home, it will be the name of the hospital or care home who will be the defendant.

Whether you have received either public or private care, do not delay in seeking legal advice. There are strict time limits for bringing a claim to Court.

To prove medical negligence the burden of proof lies with the claimant. There must also be proof that a duty of care has been breached and the patient concerned has suffered physical and/or mental injury as a result. It cannot be enough that treatment was not a success, or did not work as hoped. It is also not possible to claim compensation just because someone did something wrong - it must have caused you or the patient concerned harm.

To have a successful claim you and your medical negligence solicitor will need to prove the following:

• That the healthcare professional owed a duty of care to the claimant not to cause injury

• There was a duty of care breach

• That the breach of duty of care has caused harm to the claimant

• Damages and other losses (such as loss of earnings) have resulted from the harm caused by the breach of care

What can be most difficult with medical negligence cases, is proving that harm has been done by negligence and not by any underlying condition.

When trying to prove a breach of duty of care, each medical negligence case will need to pass the 'Bolitho test' and the 'Bolam Test'. These tests look at what ought to be done and what most other practitioners would have done in the same circumstances.

If we take on your case, we will need access to your medical records and these will need to be checked both by a solicitor and by an independent medical expert, who will compile a detailed report.

The time limit for bringing legal proceeding for medical negligence, which has resulted in harm, either physical or psychiatric, is three years. It is possible, under some exceptional circumstances for this deadline to be extended. The three-year time limit is set out in the Limitation Act 1980.

The three years start from the date of the negligence or from the date that the person who has been harmed by the negligence has knowledge of certain facts, which make up the claim. There are a couple of exceptions to the three-year time limit rule:

• There are different rules for children. The three-year time limit will only start from the date of their 18th birthday

• If a person has experienced negligence when they were unable to deal their own affairs, the time limit only starts when they regain their capacity to do so

• The court can allow a claim that falls out of the three-year deadline to proceed if they think there is good reason for the delay

It is always recommended to approach a medical negligence solicitor as soon as possible. Leaving it close to the end of the three-year period is not advisable. Your solicitor needs ample time to investigate the claim and prepare the case before a claim can be issued. Also, the sooner a case of medical negligence can be investigated, the higher the likelihood that relevant documents still exist or are easily accessible and those involved will be able to remember more clearly what happened.

The basic definition of medical negligence is a breach of a duty of care from a health professional that has resulted in harm and loss. Of course, while the vast majority of medical organisations and professionals offer outstanding care, things can sometimes go wrong.

Medical negligence can be classed as one of the following (Please note that is not an exhaustive list):

• Misdiagnosis

• Incorrect treatment

• Surgical mistakes

• Prescribing inappropriate medication

• Damage to child before or during birth

• Not giving a person the treatment they need

• Not being told about the risks of a proposed treatment

A case can be brought against any NHS or private health professional, whether they are a:

• Nurse

• Doctor

• Surgeon

• Paramedic

• Physiotherapist

• Phycologist

• Dietician

• Dentist

Please note that this list is not exhaustive.

A medical negligence case can also be brought against a medical organisation such as:

• NHS trust

• Private hospital

• Care home

• Mental health services

• Dental practice(Again not an exhaustive list)

At Forbes, we will listen to your experience and if we think you have a case; our qualified solicitors will be with you every step of the way. To speak to a solicitor about medical negligence contact Forbes today.

The Claimant consulted their GP back in October 2020 where it was recorded that they had been coughing up blood, to which they were subsequently referred to the NHS for a CT scan of the lungs. Upon review of the scan the Claimant was informed that the scan looked normal and was discharged.

One year later the Claimant underwent a routine CT scan and was advised that they were suffering from lung cancer and would require treatment. The Claimant instructed Forbes Solicitors alleging that the there was a failure to provide them with the appropriate

standard of care expected of a reasonably competent hospital and a failure to identify the cancer on the scan in 2020. At that stage, the tumour would have been at stage 1A1, however this had developed to stage 3A. If the lung lesion had been identified, it is likely that a biopsy, a bone scan, an MRI and interval CT scan would have been arranged, confirming Stage 1 cancer, which would have allowed for intervention with a combination of chemotherapy and immunotherapy. The Claimant would have avoided surgery and

radiotherapy and their life expectancy would have been in the region of 14 years from December 2020. It was unfortunately reduced by 11 years.

Initially, the Defendants offered £25,000 to settle, however Forbes countered this at £137,000 which was ignored and forced Forbes to issue proceedings. Eventually, the Claimant was happy to accept an offer to settle at £120,000 from the defendants.

The Claimant and their partner had been renting a property from the Defendant’s for a number of years. On a number of occasions, the Defendant’s property agents had been notified in relation to the defective condition of the wall of the property. The wall was never inspected, maintained or repaired leading the wall to become dangerous and unstable. In 2021, the defective wall collapsed killing the Claimant.

As a result, the Claimant suffered from psychiatric injuries as a result of witnessing the horrific event. They also lost various contents within the property and also access to it whilst investigations were carried out.

Despite the police deciding not to prosecute the defendant with criminal proceedings, Forbes Solicitors managed to secure a settlement of £40,000 from the Defendants.

The Claimant had a long history of back pain which had worsened before he consulted their local GP practice in 2019. The Claimant was prescribed Co-codamol for pain relief. The Claimant has been receiving up to 224 tablets per month and these were being prescribed up to 2 weeks early on numerous occasions.

The Claimant became addicted and dependant on them. The Claimant alleged that there was a failing to provide the appropriate standard of care expected of a reasonably competent GP practice prescribing Co-codamol on the dates prescriptions were given early and given when it should not have been authorised when it was clear the Claimant was becoming addicted. There were also failures to carry out medication reviews during the prescribing period and appreciate the significance of the prescriptions and quantity of Co-codamol.

The Defendants made partial admissions to the Claimants allegations initially. The Defendants eventually made an offer to settle at £12,500 to which Forbes negotiated to £16,375.

The deceased was under the care of the defendant Hospital between April 2021 and August 2021. Initially, they were admitted due to an ongoing haematuria, and it was documented at this time that they did not display any skin damage or concerns. During their time under care at the hospital, whilst undergoing numerous cystoscopy surgeries and bladder washouts, they developed numerous pressure ulcers and deep tissue damage. The deceased lost 26.9kg in just over 3 months. Unfortunately, this left the Claimants spouse with:

-          A Category 2 pressure ulcer to the natal cleft;

-          Potential deep tissue injury to left buttock;

-          Unstageable pressure ulcer to the right buttock;

-          Ulcer to the right shin;

-          Malnutrition; and

-          Dehydration.

The Claimant’s spouse unfortunately passed away in September 2021 due to suspected sepsis.

It was successfully alleged that there were repeated negligent failures to identify,, risk assess and/ or respond to the development of pressure ulcers and repeated failures  to manage  the dehydration, malnutrition and hygiene, as well as correctly evaluating  fitness to be discharged home. It was alleged that there were multiple lapses in adherence to the hospital’s ‘Malnutrition Universal Screening Tool’ guidelines.

The case settled at £38,000, which the Claimant was happy to accept.  It broadly comprised general damages for pain and suffering and loss of amenity, and damages under the Fatal Accidents Act 1976 for funeral expenses, statutory bereavement, and loss of love and affection.. The initial offer by the defendant was for 12,000. It was initially denied that the Claimant would have survived any longer than he did.  The damages accepted reflected that he would not have died when he did despite his other pre-existing conditions.

The Claimant was admitted by ambulance to Hospital in January 2022 with severe abdominal pain relating to their previous diagnosis of recurrent diverticulitis. The Claimant expressed their allergy to Penicillin and Cefaclor on admission.

Later that evening the Claimant was reviewed by a different doctor who prescribed intravenous antibiotics, (IV) Ertapenem. The Claimant’s allergies were noted in their medical records and the nurse on duty advised that she had checked with the doctor, and it was safe for the Claimant to be administered the drug. The Claimant subsequently suffered a severe allergic reaction (hypersensitivity); their symptoms included vomiting and shaking. After noting the Claimant’s allergic reaction, the nurse unplugged the antibiotic drip. After this the Claimant developed a rash over their body and bruising on the buttocks and legs alongside difficulty sleeping and eating as a result of the allergic reaction. The Defendant acknowledged that Claimant’s allergy to Cefaclor was documented in previous admissions, but that the allergy to penicillin was not documented in the allergy section in the records as it should have been prior to admission. The Claimant also alleged that it was a breach of duty to prescribe Ertapenem after the initial assessment in A&E and with reference to their allergies throughout their medical records.

The Defendant offered a sum of £5,000.

The Claimant was a resident at a specialist residential home for adults with autism and learning disabilities. the Claimant was a vulnerable client an represented by a ‘litigation friend’. In June 2020, the Claimant was being supported on a one-to-one basis in the grounds of the residential home. The Claimant had deviated from the activity plan and out to the reception area of the home and eventually away from the building to the driveway. A member of the supporting staff followed and raised the alarm for additional support, however, the Claimant continued to run down the drive and into the main road where they were then struck by a car on their right side.

Consequentially, the Claimant suffered multiple injuries The Claimant received care from a neurologist, physiotherapist and required speech and language therapy post-accident.

The Defendant initially offered £10,000 to settle without admission of liability. Eventually, the Defendant admitted liability and the Claimant was required to investigate and prove the extent of the injuries.  After instructing various experts to report the case was concluded at Approval by a Court.

This is a case where we have demonstrated our commitment to supporting and assisting vulnerable clients throughout their litigation process; more information regarding this can be found here

The Claimant was a passenger in a motor vehicle proceeding along the M1 in a lane next to the hard shoulder. There was a variable speed limit in operation at 60mph and the hard shoulder was also in operational use for passage. The Defendant, who was driving a lorry, pulled out from the hard shoulder lane colliding into the passenger side of the Claimants vehicle, causing it to spin and hit the central reservation. The Claimant suffered whiplash injuries.

The Defendant made an offer to settle at £10,000 without accepting any liability for the accident and before proceedings were issued, which the Claimant was happy to accept.

The Claimant was the driver of a vehicle in a road traffic accident in March 2022, where the defendant failed to give way to oncoming traffic when pulling out of a minor road. Subsequently the defendant collided with the Claimant’s correctly proceeding vehicle, resulting in the Claimant suffering concussion, neck and lower back pain and left shoulder pain.

The Claimant sought general damages for pain, suffering and loss of amenity and special damages for past loss of earnings due to their time off work whilst recovering from their injuries. The defendant made an offer to settle at £45,000, which the Claimant was happy to accept.

The Claimant was manually handling 6-foot-tall cages working at a convenience store in January 2022, containing recently delivered food products from the shop floor into the storeroom. The cage the Claimant was moving collided with stacked and folded used cages waiting for collection, trapping and crushing her finger between both. The Claimant suffered from a fractured and severed tendon in their ring finger of the left (non-dominant) hand. The Claimant received medical attention and required physiotherapy and time off work as a result.

Forbes obtained supporting medical evidence on the Claimant’s condition and sought general damages for pain, suffering and loss of amenity along with special damages for past loss of earnings and a handicap on the open labour market due to the loss of grip strength in their left-hand restricting potential choice of future employment. Forbes managed to secure an offer of £11,500 from the defendant at the pre-trial stage of proceedings.

The Claimant had attended an ABBA tribute night in November 2022. 30 minutes after arrival they left the balcony of the theatre to go to the toilet, as they began walking down the stairs the Claimant slipped on the stairs due to them being wet. Consequentially, the Claimant suffered a soft tissue injury to their coccyx and bruising to both arms. The Claimant was prescribed codeine to ease their pain.

The defendant’s insurers accepted that the Claimant had an accident on the defendant’s premises but denied that this occurred due to their negligence. The defendant was unable to provide any cleaning records at the time of the incident. Forbes disclosed the Claimants hospital records and made an offer to settle at £2,000 which the defendant accepted.

In this employers liability case the Claimant was working on a shop floor in February 2022 and had filled up a hopper machine. As they stepped back down from the platform of the machine onto some step ladders, the step ladders tipped causing the Claimant to fall and sustain a fractured left ankle and ligament damage. Consequentially the claimant was off work for a number of months and required physiotherapy treatment.

The defendant accepted primary liability for the Claimant’s injuries and after negotiation between the parties, the Claimant was happy to accept the defendant’s offer to settle at £8,424.65.