Table of contents

Cerebral palsy

• What is cerebral palsy?

  Cerebral palsy is a non-progressive physical disorder affecting movement – from mild to very severe, with or without intellectual impairment. It can manifest in different types (spastic quadriplegia, athetoid, etc) depending on which parts of the brain are affected.

Child birth trauma

• Who will be my point of contact?

  Your case will be conducted by an experienced member of our team. They will provide you with their contact details, and those of their secretary.

• What information do you require from me?

  You will need to provide us with a detailed account of what happened, following which we will access your medical records. We recommend that you keep a diary of events, and update it regularly throughout the case, as and when necessary.

  You should keep receipts relating to travel to and from medical appointments, the purchase of medical equipment and payment for medications, including paid-for prescriptions. It is possible to claim these costs back, but it is helpful if we have documentary evidence to support such a claim.

• How much compensation will I receive?

  It depends entirely on the circumstances of your case. The severity of the injury, what impact it has had on your life and the lives of those around you, and the longevity of the condition and its consequences will all be taken into account.

• How long will it take to settle the case?

  It depends entirely on the circumstances of your case. If the matter relates to your child, it may take several years as your child will have to have reached a certain stage in their development before their future needs can be accurately assessed. We need to establish what future requirements you have so we can accurately value your claim.

  In less complex matters, the timescale will generally be much shorter, although it is not possible to give an exact answer as it will depend on various factors, including when in the proceedings (if at all) liability is admitted by the other side.

  We will keep you updated throughout the claim so you will know when each stage has been reached.

Clinical negligence

• What external accreditation does Access Legal from Shoosmiths have?

  Two of our senior specialist solicitors are and have been for many years members of the AvMA referral panel.

• Aren't all cases from one branch of medicine the same?

  Definitely not. The combination of differences between individual human beings, the unpredictability of the human condition and the fact that medicine is more of an art than a science means that we see a very wide variation of injuries and outcomes among what might be thought of as similar cases.

• What does Access Legal from Shoosmiths specialise in?

  We've a dedicated team specialising in the whole range of clinical negligence claims. Every set of facts is different and more than one specialist discipline can be involved in a single case. We believe that a broad range of experience is needed across several healthcare specialties to develop a rounded experienced clinical negligence lawyer. Our experience includes cases involving:

  • accident & emergency
  • anaesthetists
  • cardiology
  • cardiothoracic surgery
  • colorectal surgery
  • dentists
  • dermatology
  • ear, nose & throat
  • endocrinologists
  • gastroenterology
  • general Practice
  • general surgery
  • geriatrics
  • gynaecology
  • haematologists
  • hepatobiliary surgery
  • histo-pathologists
  • midwives
  • neonatologists
  • nephrology
  • neurology
  • neurosurgery
  • nurses
  • obstetrics
  • oncologists
  • ophthalmology
  • orthopaedic surgery
  • osteopaths
  • otolaryngology
  • paediatrics
  • pathologists
  • physicians
  • physiotherapists
  • plastic surgeons
  • podiatrists
  • radiologists
  • renal surgery
  • respiratory medicine
  • rheumatology
  • urology
  • vascular surgeons

• Which branches of medicine result in clinical negligence claims?

  Unfortunately almost all of them at one time or another. Some obvious high risk specialties attract more claims than others while obstetrics cases account for the lion's share of compensation because of the seriousness of brain injuries among the newborn.

• Surely all doctors stick together?

  No. There's a growing number of senior practitioners in most branches of medicine who are prepared to give forthright unbiased opinions on cases where something seems to have gone wrong.

• How do you prove a clinical negligence case?

  A combination of:

  • the recollections of the claimant and friends, family or other witnesses who can speak first hand about what happened
  • the medical and other records relating to the claimant and the treatment in question
  • the opinion of one or more independent expert witnesses who understand the technical details of the treatment concerned

• Does the doctor pay personally?

  Almost never. All NHS hospital staff are covered by a system known as Crown Indemnity, where the NHS pools money to meet clinical negligence claims. In the private sector practitioners usually carry membership of a defence organization or insurance.

• Isn't the system unfair?

  Arguably yes, but as always there are two sides to the argument. In the UK we have a fault based compensation system. If the accident victim cannot prove fault then there is generally no compensation available. The injury suffered does not diminish in severity just because sub standard care cannot be proved and the needs of the injured person do not go just go away because no one else was at fault.

  It is however the only system we have at present and operates on the sound principle that those who cause harm should pay for the consequences of what they do.

  Just because compensation is not available to every accident victim does not mean that those who were avoidably injured should feel awkward in seeking compensation for their own injuries. In some very serious cases the victim or their family may be obliged to make a claim by financial necessity due to the accident.

• Do you take every case on or cherry pick just the biggest?

  Neither. We carefully assess the prospects of success of every enquiry we receive. We take on those cases in which we believe we will be able to make a difference. We decline those where we do not think we can help achieve a positive outcome. We explain why we do so. No good is served by building up false hopes and expectations if a claim is hopeless.

  We do not only take on the largest cases. Victims of accidents caused by one professional are often wary of trusting another professional – this time a lawyer – for fear of being let down again. Medical accident victims frequently feel highly traumatised and deserve special care. The severity of damage suffered as a result of a medical accident often owes more to luck than the seriousness of the error. We do not believe we should offer our expertise to support only those with the largest claims. Many small and moderate sized cases are equally deserving.

Do not resuscitate advice

• Can a DNR order be reversed?

  Yes. A decision not to attempt CPR should be reviewed regularly and can be reversed by a doctor.

• What is a DNR or DNAR order?

  A decision by a doctor that CPR should not be used in the event of the patient suffering an arrest. It should be clearly documented in the patient's records.

• What is CPR?

  Cardio pulmonary resuscitation – used to restart heart and lung function.

Healthcare complaints

• Will this sort of complaint result in compensation?

  Generally no.

• What do healthcare complaints achieve?

  They can result in disciplinary action being taking against the healthcare professional concerned, and in some circumstances he or she may be suspended from practice if it is considered to be in the public interest.

Hospital acquired infections

• How much compensation will I receive?

  It depends entirely on the circumstances of your case. The severity of the injury, what impact it has had on your life, the lives of those around you, and the consequences of the error or complication will all be taken into account.

• How long will it take for the case to settle?

  It depends entirely on the circumstances of your case. Before settlement can be achieved, we need to establish what future requirements you have so we can accurately value your claim.

  In less complex matters, the timescale will generally be much shorter, although it is not possible to give an exact answer as it will depend on a number of factors, such as at what stage in the proceedings (if at all) liability is admitted by the other side.

  We will keep you updated throughout the claim so you know when each stage has been reached.

How do I fund a claim?

• Where can I get further Information regarding funding a civil claim?

  • Citizens Advice Bureau
  • solicitor
  • The Legal Services Commission (tel : 0207 759 0000 / www.legalservices.gov.uk)
  • union representative
  • The Law Society (tel : 0870 606 6575 / www.lawsociety.org.uk)

How long will a claim take?

• Will I have to pay anything?

  That will depend on how your case is funded (see How do I fund a claim), but it is unlikely any of your settlement monies will be taken from you by Access Legal from Shoosmiths. If any payment from you is required, it will have been discussed with you beforehand and the reasons set out both orally and in writing.

• How long after settlement will it be until I get my money?

  We'll seek to agree with the other side that they send a cheque to us within 14 days of the date on which settlement is agreed. The cheque will be made payable to Shoosmiths. We will then send a cheque to you as soon as the funds are cleared in our account.

How much compensation to expect

• How much compensation will I get?

  It depends on the nature of the injuries you've suffered.

Making a medical negligence claim

• Will my claim affect my treatment?

  No. You will continue to undergo your treatment irrespective of your claim and this will not be affected in any way.

• Can you take over from my current lawyer?

  Yes. We can arrange to take over your claim from your current lawyer. We will contact your current lawyer and will conduct all the enquiries to avoid any disruption for yourself.

• Who will pay for my legal fees?

  There are three ways of funding your claim:

  • Before the Event Insurance (BTE) – this is sometimes known as legal cover, which is attached to your existing insurance policies such as home, car or credit card insurance
  • public funding – this is also known as legal aid. Whether you qualify for public funding will depend on your income and home ownership status
  • no-win-no-fee – this is also known as a conditional fee agreement, which you enter into with the firm so that your legal costs are covered by the firm

  At no point before, during or after your case will we take money out of your compensation for our legal fees.

  We will explain this to you further in our telephone conversation.

• How will I get paid?

  Usually the payment is made in one lump sum at the end of your case. In some circumstances you may receive interim payments (partial settlement of your claim) in stages throughout your case; this depends on the type of injury, the length of recovery and whether you require immediate further surgery. You'll receive 100% of your compensation.

• When do I have to make my claim by?

  It may vary with each case. There are three scenarios:

  • You have three years from the date of the incident, or from the date you first became aware that the incident caused your subsequent injuries, to issue proceedings at court to pursue a claim for clinical negligence.
  • If the person who suffered the injury is under the age of 18, then he/she has up until three years from the date of their 18th birthday to pursue a claim.
  • If the person who suffered an injury has died, you have three years from the date of death to pursue a claim.

  We'll explain this to you further in our telephone conversation.

• What is medical negligence?

  This is when somebody from the medical or dental profession was careless, and as a result of being careless left someone else injured.

  Negligence is any conduct that falls below the recognised standards as established by law.

  If you are unsure whether your claim falls into this category, call us today and our qualified staff will advise you.

Medical complaints

• Who can complain?

  Generally speaking, anyone who is affected by the treatment can complain. If you are not complaining about your own treatment you will need to obtain the written consent of the patient before the hospital will deal with you.

• Who can help me with a complaint?

  You can receive help with a complaint from The Patient Advice and Liaison Service (PALS), the Independent Complaints Advocacy Service (ICAS), the Citizens Advice Bureau (CAB), and NHS Direct.

• Will a complaint result in the doctor being disciplined?

  No. Medical complaints regarding professional malpractice must be made to that clinician's professional body - see our Professional disputes page for further details.

• Will a complaint achieve compensation?

  No. Compensation will normally be achieved through making a successful legal claim by suing the hospital.

• What will a complaint achieve?

  The complaint may achieve an apology, answers to questions concerning your treatment and/or clarification as to what has been done by the hospital to improve their service.

Medical misdiagnosis

• I am not sure if I want to be treated there again. What should I do?

  This is a personal choice. There is no legal reason why you should or should not change doctor or hospital. You will want to weigh in the balance:

  • ease of access to the local surgery/hospital
  • whether you need to be attending a specialist regional centre for a particular condition
  • how comfortable you feel putting your trust in the individual who you think made a mistake
  • where and who you might have to turn to for help in an emergency out of hours
  • how the doctor responded to your needs after the mistake came to light

• Will the doctors stop treating me if I make a claim or complain?

  No. You remain entitled to NHS care after something has gone wrong with your treatment. Accidents happen. Most professionals will appreciate this and see that you still have ongoing healthcare needs – perhaps even increased needs due to the medical misdiagnosis.

• Can I change my GP?

  Yes. You have a choice about which GP to register with. Your local PCT can help you if you find difficulty registering with a GP.

Nerve damage

• How much compensation will I get?

  This depends on the nature of any injuries suffered as a result of the alleged negligence. Please see our How much compensation to expect page.

• How long will it take?

  This depends on the complexity of the claim and the approach adopted by the defendant. Complex nerve damage claims involving birth injuries can take between two to three years to get to trial.

• How much will it cost?

  Generally speaking the claim will cost you nothing to pursue and you will receive 100% of your compensation. Please see our How do I fund a claim page.

• Do I have a claim?

  This will depend on the medical evidence. Please see our Making a medical negligence claim page.

Nursing negligence

• Will the government take all the money if I am in a nursing or residential home?

  As outlined above, we can assist with this by setting up a Special Needs Trust which will protect some if not all of the monies received as a result of your claim. We will advise you about this once settlement has been reached.

• How much compensation will I receive?

  It depends entirely on the circumstances of your case. The severity of the injury, what impact it has had on your life and the lives of those around you, and the consequences of the error or complication will all be taken into account.

• How long will it take for the case to settle?

  It depends entirely on the circumstances of your case. Before settlement can be achieved, we need to establish what future requirements you have so we can accurately value your claim.

  In less complex matters, the timescale will generally b much shorter, although it is not possible to give an exact answer as it will depend on a number of factors, such as at what stage in the proceedings (if at all) liability is admitted by the other side.

  We will keep you updated throughout the claim so you know when each stage has been reached.

• Can I bring a claim if the person to whom it relates has passed away?

  There are certain rules which govern who may bring a claim when the person to whom it relates is deceased. We are able to advise on this at the outset of the case.

Pharmaceutical mistakes

• How much compensation will I get?

  This will depend upon the nature of any injuries suffered as a result of the alleged negligence. Please see our How much compensation to expect page.

• How long will it take?

  Again this depends on the complexity of the claim and the approach adopted by the defendant. Complex claims can take between two to three years to get to trial.

• How much will it cost?

  Generally speaking, the claim will cost you nothing to pursue and you will receive 100% of your compensation. Please see our How do I fund a claim? page.

• Do I have a claim?

  This will depend on the medical evidence. Please see our Making a medical negligence claim page.

Surgical error

• How much compensation will I receive?

  It depends entirely on the circumstances of your case. The severity of the injury, what impact it has had on your life, the lives of those around you, and the consequences of the error or complication will all be taken into account.

• How long will it take for the case to settle?

  It depends entirely on the circumstances of your case. Before settlement can be achieved, we need to establish what future requirements you have so we can accurately value your claim.

  In less complex matters, the timescale will generally be much shorter, although it is not possible to give an exact answer as it will depend on a number of factors, such as at what stage in the proceedings (if at all) liability is admitted by the other side.

  We will keep you updated throughout the claim so you know when each stage has been reached.

What if they don't admit it?

• Does this happen often?

  It is not uncommon for opponents in clinical negligence cases to deny that they have done anything wrong.

Wrongful birth

• Can't a claim be made at any time up until the child's 21st birthday?

  No. Because the claim is by the mother, a much shorter limitation period applies in which to start court action.

• Is this the same as a claim by an injured baby?

  No. If a baby is injured at or before birth and it is someone else's fault, the child has a claim for that injury. In a wrongful birth case the mother makes the claim on the basis that but for the negligence the child would never have been born at all.

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

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