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For more than 30 years, Boyes Turner’s medical negligence solicitors have helped individuals and families whose lives have been devastated by negligent hospital or GP treatment rebuild their lives through their entitlement to claim compensation.

Our medical negligence solicitors are specialists in all areas of medical law and injuries arising from failures in medical care. We understand the medical issues, the cause and devastating effects of our clients’ injuries, and how to secure compensation in a way which meets our clients’ lifelong needs.

We are known for obtaining the highest compensation awards and our track record of successful settlements speaks for itself.  In the last 12 months we have recovered over £100 million in compensation for our clients. 

 

What is medical negligence?

Medical negligence is when a medical professional, such as a doctor, midwife, nurse, or other healthcare practitioner, acts in a way that falls below a reasonable standard of care.

The patient is entitled to compensation for any injury that was caused by negligent medical care and for the financial consequences of that injury.

Medical negligence claims involving severe injury and disability should always be handled by specialist solicitors. It takes experience and skill to successfully prove that medical negligence has caused a patient’s injuries, and to secure the highest levels of compensation.

No win, no fee medical negligence claims

Our medical negligence claims operate on a no win no fee basis. This means that you will not have to pay anything upfront and will only pay if your claim is successful. If you win your case, your opponent will have to pay the compensation award and contribute towards your legal fees, with any remaining fees paid from the compensation award. We will keep you fully updated throughout the whole process, so you know how much compensation you are likely to receive.

Starting your medical negligence claim

If you think that you or a family member have received negligent medical treatment which has caused serious injury or disability, we recommend that you speak to one of our friendly, experienced clinical negligence claim solicitors as soon as possible.

You can contact us by telephone or by email. Your enquiry will be handled confidentially and preliminary advice in relation to pursuing a claim will be given free of charge.

Our medical negligence solicitors will ask you to tell us briefly what has happened, advise you about the limitation deadlines (time limits) which apply to your claim and whether we are able to help you investigate your claim.

Once our initial investigations have taken place, we will notify the defendant (hospital or doctor) of your intention to pursue a claim and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.

If liability is admitted, we will enter judgment and apply for an interim payment as soon as possible to meet any urgent needs that you may have as a result of the negligently caused injury. if liability is disputed, we will discuss strategies with you to succeed in your claim on the best possible terms as early as practicable. These may include proposing mediation and / or issuing a claim form and taking your case towards trial though the courts while making settlement proposals to the defendant.

Our extensive guide on making a medical negligence claim explains the whole process.

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Making a claim

Meet your specialist team

Our specialist Medical negligence team are considered leaders in the field and have a significant amount of expertise.
Susan Brown photo

Susan Brown

Partner

Julie Marsh headshot

Julie Marsh

Partner

Richard Money-Kyrle headshot

Richard Money-Kyrle

Partner

Sita Soni headshot

Sita Soni

Senior Associate - solicitor

Vanessa Wand photo

Vanessa Wand

Senior associate - solicitor

Rachel Makore headshot

Rachel Makore

Associate - solicitor

Tara Pileggi-Byrne photo

Tara Pileggi-Byrne

Associate - Solicitor

Alpa Rana headshot

Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

Ben Ireland headshot

Ben Ireland

Solicitor

Alice Carley headshot

Alice Carley

Paralegal

Audrey Elmore headshot

Audrey Elmore

Medical records coordinator

Nicky Melville headshot

Nicky Melville

Professional support assistant

Susan Brown photo
Julie Marsh headshot
Richard Money-Kyrle headshot
Sita Soni headshot
Vanessa Wand photo
Rachel Makore headshot
Tara Pileggi-Byrne photo
Alpa Rana headshot
Fran Rothwell
Ben Ireland headshot
Alice Carley headshot
Audrey Elmore headshot
Nicky Melville headshot

Why choose Boyes Turner?

Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.

  • We're nationally acclaimed medical negligence lawyers. We’re recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
  • Our award-winning solicitors are accredited for our expertise by the Law Society, AvMA and APIL. We secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
  • We have an extensive and highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.

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Medical negligence frequently asked questions

How do I know if I have a medical negligence claim?

If you or a loved one have been seriously injured or are permanently disabled from negligent medical treatment or malpractice, you can make a medical negligence claim.

You will need to prove:

  1. The medical practitioner treated you or your loved one in a way that no competent person in same discipline of medical practice would have.
  2. The harm suffered was a direct result of the action(s) or failure(s) to act.
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What are the common causes of medical negligence claims?

Medical negligence can occur in any area of healthcare, and whilst most mistakes cause temporary harm or distress to the patient, some negligent errors result in serious injury and permanent disability.

Most commonly, we act for clients whose serious injury arose from negligent:

  • maternity care (obstetric and midwife care of mother and baby);
  • neonatal care (within the first few weeks of a baby’s life);
  • GP (general practitioner) misdiagnosis and delays;
  • oncological (cancer) errors and delays;
  • surgical and anaesthetic errors and delays;
  • A&E (accident and emergency) misdiagnoses, mistakes, and delays;
  • cardiology;
  • vascular care;
  • orthopaedic care;
  • hospital care.

These life-changing injuries affect every aspect of the injured person’s life, including their independence, mobility, ability to communicate, self-care, work and participate in social and leisure pursuits. Their lifespan may be shortened, and they may become totally dependent on others for care to keep them safe and healthy, and for assistance with all the usual activities of daily life.

Our clients who have been severely injured/disabled by medical negligence have suffered:

  • cerebral palsy and other birth-related brain injury;
  • maternal childbirth injury;
  • serious neurological injury and learning disability from infection or neonatal brain injury;
  • brain damage from brain haemorrhage/intracranial bleeding/haematoma, clots and stroke;
  • amputations from meningitis, septicaemia/sepsis, peripheral ischaemia, negligent diabetic care, anticoagulation and surgical errors;
  • paralysis, pain, impaired function and psychological damage from cauda equina (spinal cord compression), spinal tumours and surgical/traumatic spinal injury;
  • pain, disability, impaired function, reduced lifespan and psychological damage from cancer;
  • cardiac damage from undiagnosed heart attacks or misdiagnosed cardiac conditions;
  • bowel injury, peritonitis, and sepsis from surgical error;
  • permanent, severe disability from delayed diagnosis and treatment of tuberculosis (TB);
  • brain injury and psychological damage from anaesthetic errors;
  • nerve injury from surgical errors;
  • severe disability from medication/prescribing mistakes and anaphylaxis.

We also help dependent families claim compensation where their loved one died as a result of medical negligence. Compensation can ease the financial hardship that often follows the unexpected death of a parent or partner, providing some relief for our clients at this extremely difficult time.

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How long do medical negligence claims take?

The duration of a medical negligence claim depends on the individual circumstances of the client’s case. The claim is likely to take less time to conclude where:

  • liability is admitted by the defendant (NHS hospital or doctor);
  • the injured person’s injuries have stabilised and their prognosis (long-term outcome) is clear;
  • the injured person’s needs, the costs of meeting those needs, and other financial losses are straightforward and easy to assess clearly.

Circumstances which make the claim more complex and therefore take longer to resolve include:

  • where the defendant disputes that they were negligent or that the medical treatment given (even where admittedly negligent) caused the client’s injury;
  • where the injured person is a child whose disability is expected to change with their growth and development over time;
  • where multiple experts in different disciplines are needed to assess complex injuries and the likely long-term outcome.

An initial full or partial denial of liability by NHS Resolution or other medical defence organisation does not necessarily mean that the injured person’s claim will fail. In more than half of our successful cases over the last five years, we have overcome initial denials of liability by the defendant, resulting in excellent settlements for our clients.

Our medical negligence solicitors work hard to secure early admissions of liability and substantial interim payments so that we can begin to alleviate financial hardship and provide essential care, specialist equipment, therapies, and home adaptations long before the claim has settled. With liability judgments secured and interim funds in place, the individual and their family are able to focus on rebuilding their lives whilst we concentrate on valuing and negotiating settlement of the claim.

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What are the time limits for claiming medical negligence compensation?

The law states that, in most cases, someone who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings.

If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim.

There are the following exceptions to the three-year rule:

  • if a child is injured before they are 18, their three-year deadline expires on their 21st birthday. In other words, their time doesn’t start to run until they are 18;
  • if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored even temporarily after their injury;
  • where the injured person has died as a result of negligent treatment within three years of their injury, the three-year time limit expires three years after the date of their death;
  • if the injured person did not suspect or could not reasonably think they had been injured by negligence the three year time period will start to run when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
  • the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

Regardless of your time limit, we recommend that you contact us as soon as you can after the injury has taken place, even if at that stage you are only considering whether to make a claim. By contacting us early:

  • you may avoid later problems with deadlines;
  • we can advise you how to collect and preserve essential evidence;
  • we can ensure you have the best chance of securing your entitlement to full compensation for your claim.
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Will I need to go to court to claim medical negligence compensation?

Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims nearly always settle successfully without the need for a contested trial.

The chances of a case going to trial are higher where:

  • NHS Resolution, the NHS’s defence organisation, decides to test the court's approach to a particular type of claim by taking a case all the way to court;
  • there is a point of law in a claim which needs clarification to avoid confusion is future cases;
  • where there is strong disagreement between the medical experts for each side about whether treatment amounted to negligence or caused the injury, needing the court to decide;
  • where there is a factual dispute about what happened between the parties, which must be decided upon by the court before liability can be determined.

Where our client’s claim is complicated by any of the above, strategies to put the defendant under pressure to settle the case without trial are especially important.  Although we can’t prevent the defendant taking any particular case to trial, we can and do use litigation strategies to maximise the chances of a successful outcome without the need for trial. Our caring and highly experienced medical negligence solicitors and barristers work with and support our clients every step of the way.

Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court, such as after a settlement for a child or brain injured adult without mental capacity takes place.  In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.

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Who is responsible in a medical negligence claim?

Where a healthcare professional is employed by an NHS or private healthcare organisation, their employer usually takes responsibility for their mistake.

Most NHS employees’ claims are handled, defended and/or settled by NHS Resolution. In some cases, particularly where the healthcare was provided privately, the doctor or other healthcare professional may be indemnified and represented by their professional defence organisation (such as the Medical Defence Union or the Medical Protection Society).

Patients have a right to be compensated for injuries (and their financial consequences) which are caused by unacceptable errors in their medical treatment. Healthcare professionals have professional indemnity insurance, either through the NHS or their own insurers, to cover them for compensation claims in the event that they make a mistake which results in injury to a patient.

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Previous Cases

$23 million settlement in an international cerebral palsy claim for a boy who suffered kernicterus brain damage from untreated jaundice in the days following his birth. Our client’s compensation reflected the cost of meeting his needs in the USA, where he now lives. During the claim, interim payments of £1,350,000 helped meet his urgent needs.

£21 million settlement for a severely disabled teenager whose cerebral palsy was caused by HIE from lack of oxygen to his brain during negligent delays in his delivery. A £250,000 interim payment was secured to meet his urgent needs whilst we pursued his claim. 

£6.4 million compensation for a young woman who needed Lisfranc (through-foot)  amputations after ambulance paramedics failed to recognise that she had symptoms of meningitis and take her to hospital for antibiotic treatment. We agreed to help her make a claim after her previous solicitors had rejected the case, which they said would not succeed. 

£950,000 settlement for a man with diabetic neuropathy who developed Charcot foot and required a below knee amputation after delayed diagnosis and treatment of a minor foot injury. GP surgery staff and a hospital x-ray department missed multiple opportunities to refer him for specialist foot care or diagnose his condition. 

£1.5million lump sum plus lifelong payments of £225,000pa for a man who was left paralysed with tetraplegia after falling from the hospital chair where he was left to sleep after unnecessary spinal surgery. An interim payment of £300,000 met his urgent needs whilst the case continued.

£1.33 million settlement for a man who was left with disability from cauda equina syndrome (CES) when his surgical treatment was delayed after an out-of-hours GP failed to refer him immediately to hospital.

£800,000 settlement for a man left with bowel and bladder damage, impaired mobility and sexual dysfunction after his GP failed to recognise signs of cauda equina syndrome (CES) and refer him for emergency treatment.

£2 million settlement for a woman who was left with 50% respiratory disability after nearly a four-year delay in diagnosis and treatment of tuberculosis (TB). 

£800,000 for a client left with pain, bowel and bladder and sexual dysfunction, and a psychological injury after negligent treatment for cervical smear tests showing CIN3 (pre-cancerous cells) led to her developing cervical cancer. Interim payments of £40,000 helped ease our client’s financial hardship during the claim. Several previous solicitors had refused to take on our client’s case.

Previous Cases

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Awards & accreditations

Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

              Lifetime Lawyers Logo Brake | The Road Safety Charity

What our clients say

"Amazing support"

Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.

Ms Alison

"Honest, approachable and truly empathetic"

What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.

Boyes Turner Client

"they kept us fully informed "

I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.

Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.

Boyes Turner Client

"Thoroughly professional, knowledgable and approachable"

Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend

Boyes Turner Client

"Amazing professional firm"

I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.

Boyes Turner Client
Rated Excellent 4.8/5