Medical Accident

Park Woodfine Heald Mellows LLP's Medical Accident team is lead by one of the leading independent experts in this specialist areas of law. Members of the team are also on the Law Society's Clinical Negligence panel.

WHAT IS CLINICAL NEGLIGENCE?

The definition of clinical negligence is very complicated and it is easier to give examples of what clinical negligence may include:

• Failing to diagnose an illness or injury;
• Making a wrong diagnosis;
• Failing to provide treatment;
• Providing the wrong treatment;
• Undertaking a procedure carelessly;
• Failing to explore the true risks;
• Using defective medical equipment.

IS THERE A TIME LIMIT FOR A CLAIM?

Yes, usually it is 3 years from the date of negligence or the date of knowledge of that negligence. There is some flexibility though.

The time limit does not apply to children until they are 18, and if the victim of a medical accident suffers from a mental health problem, the limit may not apply at all.

WILL IT COST ME TO FIND OUT IF I HAVE A CLAIM?

No. We like to have an initial discussion over the telephone. If we both feel it is a claim that has merit, we will arrange an appointment to meet.

The appointment can take place at any of our offices. If you are too ill to travel, then we can meet at your home.

If you feel that the medical background to your case is embarrassing, then you can choose a specialist solicitor of the same gender.

The initial interview will be free — no matter how long it takes.

IS LEGAL AID AVAILABLE TO PURSUE A CLAIM?

Park Woodfine Heald Mellows has a legal aid franchise in clinical negligence. If you qualify financially for legal aid and the case has merit, then the case will proceed with the benefit of legal aid.

HOW MUCH WILL THE CASE COST IF LEGAL AID IS NOT AVAILABLE?

If you have legal expenses insurance then we can conduct the case with the backing of the legal expenses insurer. Park Woodfine Heald Mellows is approved by most legal expenses insurers.

If there is no legal expenses insurance, we will undertake a basic investigation for £1000. This will include obtaining your medical notes, preparing a statement (if appropriate) , and instructing an expert. If the report is favourable then the case can proceed on a "no win, no fee" basis if we both agree that that is appropriate.

SHOULD I USE PARK WOODFINE HEALD MELLOWS?

In clinical negligence claims experience is essential. There are a number of different independent bodies which can accredit skills and expertise in clinical negligence. The department's solicitors are members of the Law Society's Clinical Negligence Panel, and the Head of Department is also an AvMA Referral Panel member. The department has a legal aid franchise.