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Oakwood Solicitors

Negligent Surgical

Operations and Medical Care

Have you received substandard treatment from a
medical professional?

 

  • No upfront cost or hidden charges
  • Straight-talking and friendly advisors
  • No-obligation consultation and claim assessment
  • Support and advice whenever you need it

Make a claim now

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0113 200 9787

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Testimonials

Kind and compassionate.

Sara was very kind and compassionate towards me, she really understood the pain I'm going through during this difficult time of my life. And for that I thank you.

- Scott Reid

Great attention to detail and response rate.

Oakwood have explained everything regarding my medical negligence claim. They have stayed in touch, returned calls and taken my information in detail and anything I have remembered after the fact they have also taken that down in detail too.

- Phil Mc.

Client Care

The best client care

from our compassionate, fully-qualified professionals

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Fighting for compensation

you are entitled to receive.

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Industry leaders

in medical negligence litigation.

The experts in Medical Negligence Claims

With over 30 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment.

Our specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

What could be deemed negligent?

Your surgery and care should meet certain clinical standards however, any surgical operation represents an element of risk. Even the most routine procedures involve a patient entrusting their life to a team of doctors. When a surgical procedure goes wrong due to an avoidable surgical error, the effects can have a life-altering impact, both physically and psychologically to the patient.

Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation, leaving you with avoidable problems or injuries. This can include:

  • Performing the wrong operation/operating on the wrong body part
  • Leaving foreign objects in the body
  • Failing to inform you about the possible risks of surgery or check your suitability for surgery
  • Injecting too much or too little anaesthesia
  • Causing avoidable nerve damage or injury to your organs.

Negligent surgical treatment can severely affect a patient’s life, recovery period and in more serious cases result in death.

If you’ve received negligent surgical treatment which has left you in a debilitating condition or unnecessary pain and suffering, you may be eligible to make a clinical negligence claim.

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed. In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

How do I make a claim?

If you feel that your diagnosis has been delayed, you have been misdiagnosed or that your treatment has been inappropriate then you may be entitled to bring about a claim.

The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred. In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex, our specialist team will be able to advise further.

Frequently Asked Questions

How long will my case take to run?

Given the complexities involved in pursuing clinical negligence claims, they can often take 18-24 months to conclude and longer if court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

  • General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
  • Special damages – an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

How is my case funded?

The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

What should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

What do I do now?

If you believe or feel you have a claim, contact us for a no-obligation consultation regarding your options:

carol cook
Carol Cook — Head of Medical Negligence Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

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