Medical negligence
Medical negligence claims
No one should have to deal with the consequences of medical negligence. If you or a loved one is suffering, we’re here to help. Our specialist and compassionate solicitors have a wealth of experience helping victims of medical negligence secure the compensation and support they need to move forward.
Our industry-leading medical negligence experts have helped numerous clients secure the compensation and support they need to aid in their recovery.
What is medical negligence?
Medical negligence – also referred to as clinical negligence – occurs when a medical professional fails to meet safe standards of care, either by inaction or incorrect intervention, which causes their patient unnecessary harm.
In 2022-23, there were 335 clinical negligence claims made against the NHS in Scotland according to data published in February 2024, valuing nearly £52.6 million. These claims represented mistakes made across multiple medical specialties, including obstetrics and gynaecology, medical oncology, paediatrics and cardiology.
The consequences of medical negligence can unfortunately be severe, and pursuing a claim for compensation is often a complex process. Making a successful claim requires detailed knowledge of the law and medicine, so it is imperative that you speak to a specialist medical negligence solicitor.
What types of medical negligence can Slater and Gordon Scotland help me with?
Many different types of medical interventions carry with them an element of risk and, when medical professionals fail to provide an adequate standard of care, the chances of the patient experiencing unnecessary harm or suffering increase significantly. Medical negligence can cause a wide range of injuries or illnesses. Some of the most common we see, however, include:
- Amputations or limb damage
- Birth injuries, such as cerebral palsy claims
- Delayed cancer diagnosis or misdiagnosed cancer
- Head or brain injuries
- Orthopaedic claims
- Sepsis claims
- Surgical error claims
- Spinal injuries
No matter what treatment you sought or the type of injury or illness you’ve experienced, if the medical professional responsible for your care was negligent in their actions and this led you to suffer, you could be entitled to make a claim.
What is the process of making a medical negligence claim?
Medical negligence claims can be complex and daunting, so it’s important you have a trusted and experienced solicitor by your side to help you secure the best possible outcome. We have years of experience handling a huge range of cases, from the straightforward to the complex, and work hard to ensure you have full access to the support, treatment and rehabilitation you need to make the best possible recovery.
- Speak to a member of the SG team, providing basic information on what happened and how
- We’ll let you know straightaway if we think you have a claim, and discuss in detail the process of opening and pursuing a case
- We’ll need to gather evidence to support your claim – this will involve reviewing your medical records, arranging an independent medical assessment, and taking statements from you and any witnesses
- Once we’re happy we have the evidence we need, we’ll start legal proceedings by submitting a Letter of Claim to the defendant (the party responsible for your negligent care)
- We’ll attempt to establish liability as soon as possible and, where possible, look to secure interim payments – money provided to you before the final settlement amount has been agreed – to help cover the cost of any treatment, rehabilitation or mobility aids and adaptations you may require.
To learn more about how medical negligence claims are pursued, or to discuss your own case, get in touch with a member of medical negligence team on 0330 041 5869 or arrange a call back online.
How do medical negligence solicitors prove my claim?
To prove a claim, your medical negligence solicitor will have to provide evidence that the medical professional you saw owed you a duty of care, and that their failure to do so caused you unnecessary harm.
Doing so will require access to your medical records and insights from experts in the field to be able to identify where the care you received was substandard and how you become injured or unwell. At Slater and Gordon, our medical negligence solicitors specialise in medical cases, and have many years’ experience in collecting and reviewing the evidence necessary to achieve the best possible outcome in your claim.
To learn more about making a medical negligence claim with Slater and Gordon, or to establish your full legal position, speak to a member of our team today.
Can I sue the NHS for medical negligence?
Simply put, yes. All medical professionals, regardless of the setting the work in, have a legal duty of care to their patients. This means that they are obligated to provide the best possible standard of care to their patients and where this responsibility is not met, you could be entitled to make a claim for compensation.
Why should I choose Slater and Gordon Scotland’s medical negligence solicitors?
No one should have to suffer due to someone else’s negligence, least of all the very people we trust to treat and care of us when we’re injured or unwell.
If you or someone you love has been harmed during medical treatment, our dedicated team of solicitors are here to help you begin to make things right. Making a medical negligence claim may not be the first thing on your mind, but doing so can provide the financial support necessary to help you in your recovery.
Our medical negligence solicitors are leaders in their field and are ranked in prestigious legal directories such as Chambers and Partners and the Legal 500.
I have pursued a medical claim with Slater and Gordon over the past two years and at all times they have been highly professional and supportive. I would highly recommend S&G to anyone considering making a claim. 5* Client Testimonial for Slater and Gordon Scotland
Slater and Gordon Edinburgh took my accident at work case on and were very professional throughout. The solicitor who helped me achieved a brilliant result in terms of compensation. The whole team at Slater and Gordon I would like to thank and highly recommend. Client testimonial for Slater and Gordon Scotland
Fantastic support received to resolve my issue. Kept me informed throughout the process and provided peace of mind during a stressful time. 5* Google Review
Why choose Slater and Gordon Scotland?
No Win No Fee
We offer 'No Win No Fee' funding on cases of medical negligence, meaning there's no financial risk to you.
Talk to the experts
We have teams of legal experts who specialise in representing those who’ve suffered injuries as a result of medical negligence.
In-house medical experts
Our in house medical team provide us with advice and assistance allowing us to determine when and where your medical treatment became substandard.
Your local law firm
We are a reputable national law firm, with expert lawyers in local areas across Scotland.
Frequently asked questions about medical negligence claims in Scotland
What are the time limits for making a medical negligence claim?
In the UK, you have three years from the date you were injured or the date from which you could have reasonably become aware your injuries or illness was caused by negligent treatment.
However, it is worth keeping in mind that deadlines for submitting a claim can vary in some circumstances, such as if the victim of negligence is under the age of 18, or they lack the mental capacity to be able to make a claim for themselves.
It is therefore advisable to speak to a medical negligence solicitor as soon as possible to establish any deadlines that may be relevant to your case.
How long do medical negligence claims take?
It can be difficult to determine how long a medical negligence claim will take to pursue as there are many different factors that can determine timelines. For instance, where liability is accepted by the other side from the outset, claims can be settled much more quickly than in cases liability is disputed.
To learn more, or to start your claim, speak to our dedicated medical negligence solicitors today.
Can you make a No Win No Fee medical negligence claim?
We know that the prospect of taking legal action can be daunting, not least due to the perceived cost.
That is why we offer No Win No Fee funding for the majority of our clients; it means you won’t have to pay a penny to cover legal fees, and there’s nothing to pay if your claim is unsuccessful. As a result, you’ll never be at any financial risk.
To find out more, speak to a member of our team today on 0330 041 5869 or get in touch online.
Can I make a claim on behalf of a loved one?
There are certain circumstances in which it may be possible to make a medical negligence claim on behalf of a loved one. For example, you may be able to make a claim if your loved one:
- Is a child under the age of 18
- Lacks the mental capacity to make a claim for themselves
- Has passed away due to medical negligence
Our dedicated medical negligence solicitors have many years’ experience handling claims made representing loved one and can help you ensure they receive the compensation and support they need. To learn more, get in touch with our team today.