When you trust a nurse, doctor, dentist, or surgeon with your health, you are entitled to expect the highest quality of care. If you suffer an injury or other harm at the hands of a medical professional, you could be left with ongoing financial, physical and/or emotional consequences. If this is the case, you might have grounds for a medical negligence compensation claim.
Medical negligence, sometimes also known as clinical negligence, is where a patient receives care from a medical professional that falls below acceptable standards causing a worse outcome for the patient’s health than would otherwise likely have been achieved.
David W Harris & Co are specialist medical negligence solicitors in South Wales. Our solicitors are dedicated to providing top-quality advice and service to help you claim the medical negligence compensation that you deserve.
Our South Wales medical negligence solicitors can assist you with all types of clinical negligence claims, including:
- Medical misdiagnosis
- Delayed diagnosis
- Dental mistakes
- Pregnancy and birth injuries
- Surgical negligence
- Nursing and care home abuse or injuries
- Cosmetic surgery injuries
- Botox injuries
- Pressure sores
- Medical advice negligence
We also have a specialist team that can deal with personal injury claims.
Whether you need assistance in claiming compensation for a minor medical negligence injury or something more severe with the potential for a substantial settlement, our South Wales lawyers can help.
Each year we help our clients claim millions of pounds in compensation, having recently aided a client with securing a £14 million settlement.
Most of our claims are made on a no win, no fee basis, meaning for our clients, there is usually no upfront cost or financial risk in pursuing a claim with David W Harris & Co.
Get a free first consultation with our medical negligence solicitors in South Wales
Unsure whether you have a claim or want to know more about how the medical negligence claims process works?
We offer a free first consultation to answer your questions and help you decide whether you wish to pursue a medical negligence claim. If you'd like to know how much compensation you could receive for your claim, please contact us and we will be happy to advise you.
Please use our simple online enquiry form to book a free initial chat with our team with no obligation to take things further unless you wish to do so.
Why use David W Harris & Co. for your medical negligence claim?
Our costs promise
We offer no win, no fee medical negligence claim funding. This means you do not need to pay anything upfront and, if we do not secure compensation for you, you will not owe us a penny.
We are local
We have three offices situated in the South Wales area, Pontypridd, Talbot Green and Swansea. If you are unable to attend any of our offices for whatever reason, we will be happy to arrange a home visit.
Our lawyers at David W Harris want to help you receive the maximum medical negligence compensation possible. Using our years of practical experience, we can give you the best chance of securing the very best settlement available.
Most claims settled out of court
The thought of court proceedings can be a concern, but the majority of our claims are handled out of court through negotiation with the defendant’s solicitor. This means we can resolve claims faster, with lower costs and less stress for our clients, without compromising on the level of damages we secure.
Are you eligible for medical negligence compensation?
In order to be eligible for a medical negligence claim, you must have been owed a duty of care by a third party that was breached and caused you unnecessary harm.
Three aspects need to be proved when making a claim:
- The clinical personnel responsible for your care breached their duty of care.
- Due to the breach of care, you suffered harm – psychological, physical and/or financial harm (financial harm on its own is not enough for a medical negligence claim, it must be alongside psychological and/or physical harm).
- A medical expert must examine and prove that the medical professional’s breach of duty caused your injury.
Is there a time limit to make a medical negligence claim?
For most claims, UK law generally states that the claim needs to be made within three years of the incident or discovering the injury, but there are some exceptions to this, including:
- If the injured party was under the age of 18 at the time of the incident, they have until their 21st birthday to make a claim
- If the injured party died, the time limit would apply from the date that they died
- If someone lacks mental capacity, there is no time limit for someone to claim on their behalf
How much compensation can you receive for a medical negligence claim?
The amount of medical negligence compensation that you could be entitled to will entirely depend on a variety of factors surrounding the injury, such as the extent of it and the impact it has had on your life following the incident.
There are two categories taken into account for medical negligence compensation, these are:
1. General damages
General damages are determined by the person’s PSLA, which is their pain, suffering and loss of amenity. This includes the impact on your physical and mental health, as well as any changes to your lifestyle, such as having to stop an interest or a hobby due to your injury.
2. Special damages and future losses and expenses
Special damages and future losses and specific financial losses you have experienced or expect to experience due to your injuries. The level of damages you can claim will be influenced by factors including:
- Financial status
- Home modifications
- Any future medical expenses – including travel to and from hospital appointments
- Financial losses due to your injury – where it has prevented you from being able to work
- Expected financial losses due to your injury – where it is expected to prevent you from being able to work
- Short-term or long-term care as a result of your injuries
- Any other financial losses
Can you make a medical negligence claim for someone else?
There are certain circumstances where another person could be eligible to make a claim on someone else’s behalf. This is known as being a ‘litigation friend’. The circumstances where someone can be a litigation friend include:
- If the person is under the age of 18 and you are their parent or guardian
- If the person lacks mental capacity to make their own claim
Medical negligence claims fees and funding
At David W Harris, we aim to offer no win, no fee medical negligence claims funding; we do this by having our clients sign a ‘conditional fee agreement’ or CFA.
A CFA means you do not need to pay an initial fee. Our fees will only be applied if we win medical negligence compensation for you. If we cannot secure compensation, you will not be charged a penny.
This approach means that, should you not win your claim, there is no financial risk to you.
If you would like to learn more about our fees and funding, we would be happy to discuss them with you during your free first consultation.
What to do next about starting a medical negligence claim
Simply use our short online enquiry form to tell us you would like to speak to a member of our medical negligence team about a potential claim and we will be in touch promptly.