Gadsby Wicks Logo

Medical Negligence Claims

If medical treatment has caused you or your family avoidable harm, we will work hard to try to get you answers as well as the compensation you deserve.

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 are able to make a claim for compensation. Medical negligence compensation can provide financial support when a medical mistake impacts the way you live your life, and can help you to pay for ongoing care, make up for loss of earnings and pay for specialist equipment where needed.

We have only ever worked on medical negligence claims since we were founded in 1993.

We are committed to getting you the answers, compensation and justice you deserve.

Why choose a Gadsby Wicks medical negligence solicitor?

Read our case study on Mrs M, who needed to undergo extensive chemotherapy, surgery and radiotherapy after her breast cancer was misdiagnosed.

What is medical negligence?

Medical negligence means that the harm or injury caused is as a result of medical treatment which not of an acceptable standard. Medical negligence (also called clinical negligence) can occur in a number of situations, including:

How long will my claim take?

It can take 12-18 months to investigate a medical negligence claim. Most cases are then settled but, if a claim goes all the way to Trial, it can take a number of years to reach its conclusion. Particularly complex claims, such as those involving birth injuries and catastrophic injury, can take several years to determine the extent of the harm that has been caused.

Am I eligible for Legal Aid?

If the claim relates to a brain injury suffered by a child at or around the time of birth, it may be possible to arrange for the claim to be funded through the Legal Aid Scheme. In that event, the Legal Aid Agency will be responsible for all of our fees and expenses, and both you and the child will also be protected against any liability for the Defendants’ legal fees and expenses should the case be lost.

If the claim succeeds, the child will be awarded compensation and this will be paid by the Defendants, who will also pay all of the legal fees and expenses. Therefore, neither you nor the child will pay anything and the child will receive 100% of the compensation that is awarded.

On the other hand, if the claim is lost, our legal fees and expenses will be paid to us by the Legal Aid Agency and the Defendants will be required to pay their own. Again, if this is the outcome, neither you nor the child will pay anything.

In order to be eligible for Legal Aid, the child’s financial circumstances must fall within certain set limits. In reality, most children are within those financial limits and are therefore eligible. If the child is eligible and you choose to adopt that method of funding, we will prepare the necessary application forms for you to approve and sign.

How much will it cost me to make a medical negligence claim?

If we take on your medical negligence claim and you are not eligible for Legal Aid, we will offer you a Conditional Fee Agreement, also known as a ‘No Win No Fee’ Agreement. This means that you will not need to pay anything upfront, there are no hidden costs, and you pay nothing if your claim is unsuccessful. We only receive our fees if your claim succeeds.

Other solicitors may offer you a ‘No Win No Fee’ Agreement, but then ask you for money upfront or at different stages as the claim progresses. They may ask you to pay for:

  • an initial investigation to see whether or not they will be willing to take on your case
  • opinions from medical experts
  • expenses

We will never ask you to pay these costs.

You will only need to pay us if your claim succeeds and this is paid out of your compensation. We will discuss with you what you can expect to pay. We also promise that we will aim for you to keep at least 75% of your compensation.