Answering the following questions can help you to consider whether you, or a loved one, could bring a claim for medical negligence or personal injury.
Please note, however, that there may be reasons why a claim would succeed that are difficult for a non-lawyer to see. There may also be other legal remedies which could assist you. We would need to investigate the case, in order to know for certain whether it has a good chance of succeeding.
If you wish to discuss the possibility of bringing a claim, please contact us.
Have you or a member of your family been injured in an accident or experienced an unexpectedly poor outcome from medical treatment?
Anyone who has been injured or has suffered deterioration in their health, as a result of negligence, may be able to bring a claim. Some examples include a person who:
- suffers a worsening of their medical condition or an injury because of substandard medical treatment
- is not diagnosed with a medical condition as soon as they should be (or is incorrectly diagnosed)
- sustains injuries (such as brain damage) during birth
- experiences failures in antenatal care which meant that problems with the health of the fetus were not diagnosed (particularly where this would have affected their decision to continue the pregnancy)
- is injured in an accident that was not their fault
- develops a disease due to someone else’s negligence (such as exposure to harmful substances or diseases in the workplace)
If someone has died as a result of negligence, their Estate and/or dependants may be able to bring a claim in relation to their death.
Is the claim for you or someone you know?
You can bring a claim if you have been directly affected by medical negligence or personal injury.
If the claim is for a child (or an adult who lacks ‘mental capacity’) a family member or other trusted person can act as a ‘Litigation Friend’ and bring the claim on their behalf.
If a claim relates to someone’s death, it can be brought by the Executor(s) of the deceased’s Estate or the deceased’s dependents, dependent upon the circumstances and the type of case to be pursued.
If a claim relates to someone’s death, it can be brought by the Executor(s) of the deceased’s Estate or the deceased’s dependent(s). Who can bring the claim will depend upon the circumstances and the type of case to be pursued. We can advise on whether you are entitled to bring a claim in connection with someone’s death.
Is the claim within the time limit?
There are strict time limits for bringing a negligence claim for injury or death in England and Wales. This is called the limitation period.
- The usual rule is that a claim must be formally started at Court within three years of the date of the negligence or three years from when the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later)
- If the claim is for a child, they usually have until their 21st birthday for their claim to be formally started at Court
- If an injured person does not have ‘mental capacity’ to bring the claim themselves, there is usually no time limit. If they later regain mental capacity, the three year time limit begins to run from that point
Claims relating to someone’s death should normally be brought within three years of the date on which they died or within three years of the ‘date of knowledge’ of the person who would benefit from the claim
There may be other types of claim or circumstances in which different time limits apply. In some rare situations, it may even be possible to argue that a claim should be allowed after the end of the limitation period
It takes time to investigate a claim, so you should contact us as soon as possible.
Will the injured person benefit from compensation?
Compensation is intended to put right, as far as possible, the effects of the negligence.
We understand that no amount of money can undo the impact of a serious injury or illness. However, compensation which provides an individualised package of care and support can be life enhancing.
Depending upon the circumstances, compensation may include funds for some or all of the following:
- Private care
- Private therapies and medical treatment
- Specialist equipment and vehicles
- Adapted accommodation
- Support with education or work (if that is possible for the injured person)
- Compensation for loss of earnings and pension
- Compensation for losses in self-employment
In most cases, if you do not have any on-going effects or significant losses caused by your injury, any compensation you can obtain is likely to be quite limited.
Does the claim relate to the death of someone who was supporting family members?
If someone has died as a result of negligence, a claim may be brought to compensate their Estate and any dependant relatives whom they were supporting, either financially or practically. For example, this might include situations in which the deceased had been caring for a child or a disabled relative or where they had been contributing financially to their household.
A limited amount of bereavement damages can also be claimed by the spouse / civil partner / long term cohabiting partner of a deceased person or in certain circumstances by a parent if the child that died was under 18.
A claim may also include damages for funeral expenses and any losses incurred by the deceased between the date of injury and the date of death (if death did not occur immediately).
Situations in which we often assist
Our experienced team of solicitors act for clients in a wide range of claims, including cases arising from:
- Medical negligence (where substandard treatment provided by the NHS or a private healthcare provider has led to a worsening of someone’s medical condition)
- Road traffic accidents
- Injuries or diseases caused in the workplace, at school, or in some other place outside the home
- Accidents on holidays or organised trips (including accidents which occur abroad)
- Injury claims for members of the Armed Forces
- Suicide of someone under psychiatric care
When to contact us
Please contact us if you believe that you or a family member may have been affected by personal injury or medical negligence. We will discuss how we may be able to help. If you do not want to take things further, there will be no charge.
We support many injured people and families through the process of bringing a claim each year and frequently secure substantial awards of compensation for them. Our specialist expertise is recognised by the legal directories Legal 500 and Chambers UK.
James Bell
Partner and Head of Department
Richard Lodge
Partner
Kirsty Allen
Legal Director
Sharon Burkill
Legal Director
Eurydice Cote (Français)
Senior Associate
Eurydice Cote
Senior Associate
Aideen McGarry
Senior Associate
Katie Dean
Associate
Harriet Humphrey
Professional Support Lawyer
Chloe Jacot
Associate
Rebecca Linnell
Associate
Laura Vincent Evans
Associate
Andrea Wadden
Associate
Amelia Cottle
Paralegal
Elizabeth Folorunso
Paralegal
Asha Kaushal
Trainee Solicitor
Lauren Warrilow
Senior Paralegal
Amber Willson-Patel
Trainee Solicitor
“As a family, we are extremely happy with the outcome. [Kingsley Napley] got my sister the best in difficult circumstances.”
A clinical negligence client
Latest blogs & news
14 Maternity Trusts to be Scrutinised as Part of National Investigation
The Government has this week confirmed the names of 14 Hospital Trusts that will be part of a rapid national investigation of maternity and newborn baby care across England that was announced by Wes Streeting back in June. (See my colleague Sharon Burkill’s blog on that announcement here). I am carefully watching the developments with regard to this investigation, knowing full well from my clients and their stories how desperately improvements to our maternity services are needed.
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
We were delighted to take part in a 15km walk on Saturday 6 September for the Dame Vera Lynn Children’s Charity (DVLCC) to raise funds for this excellent cause.
HSSIB contributes to the national investigation into maternity and neonatal services – but will change ever be implemented?
The Health Services Safety Investigations Body (HSSIB) has shared insights into safety concerns raised by women and families and other stakeholders about maternity and neonatal care within NHS England, highlighting once again the need for meaningful change.
NHS Patient Safety Investigations: Have I got a Legal Claim?
Where there has been a concern surrounding medical care at an NHS Hospital, an internal investigation may be carried out and a written report produced to assist with learning from the incident. From a patient perspective, the report can be helpful in understanding more about the event and what, if anything, went wrong.
Problems with glaucoma care at the George Eliot Hospital NHS Trust
We are extremely concerned to read reports that treatment guidelines relating to glaucoma allegedly have not been followed at the George Eliot Hospital NHS Trust in Warwickshire, leading to patients’ sight being harmed. Some patients are said to have suffered permanent visual damage.
NHSR Annual Report: Clinical Negligence under the spotlight
Each year NHS Resolution, the body dealing with legal claims against the NHS, produces a report which provides insights into what is happening with clinical negligence claims. This year the picture is very mixed. It shows that claims for clinical negligence are on the rise although more cases are being settled without the need for Court proceedings. Nonetheless, despite Government efforts, high levels of maternity cases and associated costs persist.
Providing Medical Treatment to a Non-English-Speaking Patient
In this blog, Richard Lodge talks about providing medical treatment to a non-english speaking patient
Outdated, Failing and in Short Supply: NHS Equipment Crisis Putting Patients at Risk
According to a recent article in The Guardian NHS England has confirmed that since 2022, equipment failures within the NHS have been responsible for:
- 87 patient deaths
- 68 patients severely harmed who suffered permanent damage or reduced life expectancy
- 522 patients moderately harmed whose independence was subsequently limited for up to 6 months
James Bell published in the APIL PI Focus Magazine
Kingsley Napley’s head of Medical Negligence and Personal Injury has had an article published in this month’s APIL PI Focus magazine which includes a collection of articles examining the topic of birth injury. James’ piece deals with causation and the doctrine of material contribution in legal claims for hypoxic brain injuries during birth.
When metal hip replacements go wrong
Hip replacement surgery is very common, restoring mobility and quality of life to thousands every year in the UK. It is recognised to be the most cost effective for the NHS in returning patients to productive lives. The components wearing surfaces may be metal, ceramic or plastic, and will often last over 20 to 25 years, or even longer for some people.
Is this the turning point for maternity care?
Concerns over NHS maternity care are very sadly seldom out of the news. As a lawyer who has specialised in birth injury claims over many years, it has been all too clear to me for a long time, that far too many women and babies, fail to receive anywhere close to adequate maternity care leading in some instances to devastating outcomes.
Why Fatigue of NHS Staff Matters and the Risk it Poses to Patient Safety
Fatigue within the NHS presents a significant risk to patient safety, yet in healthcare its consequences remain largely unrecognised despite the increasing demands on NHS workforces.
Litigation Friends
While we mostly associate dementia with the affect it can have on our memory, it can also affect our ability to think and communicate and our capacity to manage our own affairs. When undertaking legal proceedings, as solicitors, we have a duty to ensure that our clients have the mental capacity to give proper instructions to bring, or defend, a claim. Where our client does not have the necessary capacity, a Litigation Friend may be appointed
Brain injuries: the good, the bad and the inspiring
We are now in Action for Brain Injury week, run annually by the charity Headway to raise awareness and understanding of the different aspects of brain injury. The theme this year is ‘On a good day’ which aims to highlight the fluctuating and unpredictable nature of brain injury and the gap that can arise between someone’s capabilities on a good day versus a bad day. Headway wants people to see both sides of the story. It seeks to change behaviours and opinions towards those who might be having an ‘all-too-common bad day’.
Women’s Health Series 4: Cancer Claims
New research suggests that UK cancer cases have risen in women but fallen in men. Women’s cancers include gynaecological cancer (i.e. cervical, ovarian and vaginal cancers) and breast cancer. Here I look at the impacts of delays in diagnosis and treatment failures, provide some guidance on bringing a medical negligence claim and consider why there is hope for the future with new technologies.
Women’s Health Series: 3. Hysterectomy Claims
A lack of awareness and understanding appears to exist when it comes to women’s reproductive health conditions, and the diagnosis and treatment of hysterectomies is no exception to this.
In this blog we will be discussing where negligence can occur in relation to the treatment of hysterectomies, from initial misdiagnoses to surgical errors.
Women’s Health Series: 2. Endometriosis, Pelvic Inflammatory Disease and Fertility Claims
Endometriosis and Pelvic Inflammatory Disease (PID) are two conditions which affect a large number of women every year, and can have devastating effects on fertility and well-being, but frustratingly continue to experience long delays in diagnosis.
Women’s Health Series: 1. Gynaecology Care Crisis
As a lawyer specialising in women’s health claims, I am increasingly concerned about the challenges facing those seeking access to care for issues around gynaecology and reproductive health. Problems in this area are rife. They include very long waiting times, delays in diagnosis, a lack of understanding by some medical professionals, instances of discrimination as well as women reporting feelings of being dismissed.
Missed screening for life threatening conditions
We are extremely concerned that it has been revealed thousands of patients have not been invited for routine screening for certain cancers and for abdominal aortic aneurism as a result of failings in their GP registration process. The full impact of this is not yet known but records indicate that among those not screened, some people have been diagnosed with a relevant cancer and some may have died.
Hypoxic Ischaemic Encephalopathy and Brain Damage Claims
Our Medical Negligence team at Kingsley Napley has recently been supporting pioneering charity Peeps HIE as a Corporate Friend. Globally, hypoxic-ischaemic encephalopathy (HIE) is a leading cause of disability, affecting around three million babies each year. This fantastic charity – the only one in the UK dedicated to supporting those affected by HIE – provides essential help to parents, families and friends.
