Our medical negligence claims services
Your trusted medical negligence claims solicitors
If you have been let down by a healthcare professional, you deserve compensation. You deserve an explanation. You deserve closure. At Gadsby Wicks, our expert medical negligence claims solicitors will help you find justice.
With thousands of claimants represented and millions won in compensation, we are the team you can trust to achieve a successful outcome for you and your loved ones. We can’t undo the past, but we can secure your future – with no financial commitment from you at any stage.
How much could your medical negligence claim be worth?
The true specialists in medical negligence claims since 1993
For over 30 years we have solely focused on medical negligence claims. We believe it is the only way to give your case the attention and expertise it demands. You’ll never find us working in other areas of the law, so you get specialist support every step of the way.
We are the only dedicated medical negligence firm in Essex and East Anglia, and one of the most reputable firms in the UK. Giving you practical advice no matter the complexity of your claim, we work with compassion, integrity and professionalism to ensure you recover the compensation you are due.
What does our medical negligence claims legal process look like?
A free initial consultation
Call us, request a callback or complete our online form and we’ll assess if you have a valid medical negligence claim.
Funding your claim
Discover the ways we can fund your claim without you paying a penny at any stage of the process.
Investigating evidence
We gather medical records, witness statements and more to learn what happened to you and prove your claim.
Instructing independent medical experts
We work with impartial, experienced medical experts to establish whether your injuries were due to substandard medical care.
Valuing your claim
We assess your health and financial losses to accurately estimate how much compensation your claim is worth.
Presenting your case
We contact the Defendants and the Courts on your behalf to set out your allegations and receive a response.
Negotiating a settlement
We work to achieve a fair settlement for you outside the courtroom – this is how 96% of our cases end.
Preparing for Trial
If we must proceed to Trial, we fully prepare you for what to expect so you receive the right result in court.
What you need to know about medical negligence claims
What is medical negligence?
Medical negligence means that the harm or injury caused is a result of medical treatment which is not of an acceptable standard. Medical negligence (also called clinical negligence) can occur in several situations, including:
- Birth injuries affecting the baby, mother or both
- Mistakes made during surgery and other procedures
- Misdiagnosis of a condition
- Delayed treatment of an injury or illness
- Incorrect prescription or usage of medication
A medical negligence or hospital negligence claim does not necessarily need to apply to the negligence of a GP or doctor. It covers any negligence made by any form of healthcare professional, such as opticians, dentists, cosmetic surgeons, mental health therapists and more.
Who can make a medical negligence claim?
If a hospital, doctor, nurse or surgeon has given you inadequate care that resulted in distress, injury or life-changing circumstances, by law you can make a medical negligence claim.
Compensation can provide financial support when a medical mistake impacts how you live your life, helping you to pay for ongoing care, cover loss of earnings and purchase specialist equipment.
We are specialist medical negligence claims solicitors who have only worked on medical negligence claims since we were founded in 1993.
Who can I make a medical negligence claim against?
A medical negligence claim can be made against an NHS hospital, private hospital or individual medical professional. This includes GPs, hospital doctors, nurses, midwives, dentists, physiotherapists, psychologists, psychiatrists, osteopaths and opticians.
If the alleged negligence was by someone working in an NHS hospital, the claim is made against the relevant NHS Hospital Trust.
What is the difference between medical negligence and clinical negligence?
There is no real difference between medical negligence and clinical negligence claims. Both are used interchangeably when discussing negligent acts, malpractice or mistakes that breach the duty of care healthcare professionals have to their patients.
However, the difference lies in the origins of clinical negligence in the legal world. It was asserted that the term “medical negligence” gave the impression that someone could only claim a doctor or a similar professional, or that the incident must happen in a hospital.
“Clinical negligence” emphasises that someone can present a case against any healthcare professional. However, today it is considered to have the same meaning as medical negligence.
What can a medical negligence claim achieve?
Litigation can be expensive, stressful and time-consuming, so it is important to know what a medical negligence claim can and cannot achieve.
As lawyers, our role is to help you present a case and obtain financial compensation for the injuries or financial losses you suffered. Whilst we try to get an apology, this is not always possible, even if blame is admitted and the Defendants agree to pay you compensation.
A successful claim for medical negligence will not directly affect the ability of any doctor or nurse to continue to practise medicine. However, a claim often encourages medical and administrative staff to investigate hospital protocols. This can directly improve services and prevent future patients from suffering the same outcome.
If we investigate your medical negligence claim, we can usually help you understand what went wrong and why, even if it means you do not have a valid claim.
How do I prove that I have a medical negligence claim?
Proving whether you have a medical negligence claim depends on proving three key elements:
- Did a healthcare professional breach their duty of care towards you?
- Did you suffer pain, injury, loss or damage during your treatment?
- Was your suffering directly caused by the breach of duty of care?
First, one of your healthcare providers must have performed a negligent act or inaction. The standard this is measured against will depend on the area of medicine involved, at what point you received treatment, and other extenuating factors.
For example, say that during a caesarean section, the surgeon inadvertently cuts the patient’s bladder. If the bladder was in an abnormal position, this incident might not be viewed as negligible. However, if it was in a predictable position, the cut could be considered negligent.
Your healthcare provider needs to have done something that no reasonable professional in their position would have done – this is known as The Bolam Test.
Second, you must have suffered a significant injury or damage, be it physical, psychological or financial. For a successful medical negligence claim, the consequences cannot be strictly financial – there has to be some form of physical or psychological harm.
Finally, causation must be established. The harm to a claimant must be directly related to the negligence of their healthcare provider. This is based on the Balance of Probabilities – a test that figures out if the harm caused was greater than what they would have experienced had their treatment gone as expected.
A Judge will not consider outcomes from your treatment that could be expected, such as if the risks were laid out to you before treatment, or any pain or suffering that was deemed inevitable.
For example, a patient is sent home by a doctor after complaining of stomach pains. They pass away a couple of hours later due to arsenic poisoning. Although the doctor was unquestionably negligent, no treatment would have prevented the patient’s death, so this means there can be no medical negligence claim.
Meet our medical negligence claims solicitors
Why choose Gadsby Wicks medical negligence solicitors?
Lexcel accredited medical negligence claims solicitors
We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.
A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.
Industry Recognised