Clinical Negligence

Clinical negligence occurs when a doctor, nurse, dentist, midwife or another healthcare professional provides treatment that falls below an acceptable standard, causing avoidable injury or harm. Claims can arise from mistakes made by the NHS, private hospitals, GP surgeries, dental practices, care homes and other healthcare providers.

You may be able to claim compensation if negligent medical treatment caused you unnecessary injury, delayed your recovery or worsened your condition. Our specialist Clinical Negligence solicitors can assess your circumstances and advise whether you have grounds to pursue a claim.

We represent clients in a wide range of medical negligence cases, including delayed diagnosis, GP negligence, surgical errors, birth and maternity negligence, brain injuries, cancer claims, hospital infections, sepsis, dental negligence, care home negligence, pressure sores, fatal medical accidents and lack of informed consent claims.

Yes. Clinical negligence claims can be brought against NHS Trusts, GP practices, private hospitals, consultants, dentists and other healthcare professionals where treatment has fallen below acceptable standards and caused avoidable harm.

Compensation may include damages for pain and suffering together with loss of earnings, rehabilitation costs, ongoing medical treatment, specialist equipment, care costs, travel expenses and future financial losses. Every claim is valued according to its individual circumstances.

In most cases, you have three years from the date of the negligent treatment, or from the date you first became aware that negligence may have caused your injury. Different rules apply for children and people who lack mental capacity, so it is important to seek legal advice as early as possible.

Our solicitors will obtain your medical records, review the treatment you received and instruct independent medical experts where necessary. These experts assess whether the care provided fell below an acceptable professional standard and whether that negligence caused your injuries.

Most clinical negligence claims are settled through negotiation without the need for a full court hearing. If court proceedings become necessary, your solicitor will explain the process clearly and represent your interests throughout every stage of your claim.

Yes. A claim may be brought on behalf of a child or an adult who lacks mental capacity. In certain circumstances, family members or the personal representatives of someone who has died may also be able to pursue a claim following fatal medical negligence.

Many clinical negligence claims can be funded through a No Win No Fee agreement, also known as a Conditional Fee Agreement. We will explain the available funding options, any potential costs and answer your questions before you decide whether to proceed.

A Conditional Fee Agreement, commonly known as a No Win No Fee agreement, is a way of funding a legal claim. Under a CFA, you will generally not have to pay your solicitor’s legal fees if your claim is unsuccessful, subject to the terms of the agreement and any insurance arrangements in place.

If Wollens agrees to act under a CFA, we will investigate and pursue your claim without charging our usual legal fees as the case progresses. If your claim succeeds, the majority of your legal costs will usually be recovered from the other party, with any agreed success fee deducted from your compensation.

A success fee is an additional fee payable to your solicitor if your claim is successful. It reflects the risk involved in taking the case forward without being paid if the claim fails. The amount and method of calculation will be explained clearly before you enter into the agreement.

No. Before offering a Conditional Fee Agreement, we must assess the circumstances of the claim, the available evidence, its prospects of success and whether the likely compensation is proportionate to the legal costs involved. If a CFA is not suitable, we will explain any alternative funding options that may be available.

You may need After the Event insurance to protect you against certain costs and expenses if the claim is unsuccessful. We will also check whether you already have suitable legal expenses cover through an existing home, motor, bank or other insurance policy.

The main advantage is that a CFA enables eligible clients to pursue a clinical negligence claim without paying substantial legal fees upfront. It can reduce the financial risk of bringing a claim while providing access to specialist legal advice and representation.

Our specialist Clinical Negligence team can assess your circumstances, advise whether you may have a claim and explain the most suitable funding option. If we are able to take your case forward, we will guide you through each stage, keep you updated and work to secure the best possible outcome.