FAQs

Williamsons provide medical negligence advice and assistance to people who have suffered such injury in England and Wales.

If you have been injured physically or psychologically by a healthcare practitioner’s (doctor, nurse, midwife, health visitor etc.) negligence, you may be able to bring a claim. If you are not sure whether to try to claim compensation, seek advice from Williamsons Solicitors who offer a free initial interview.

We seek financial compensation and assistance with rehabilitation for our clients, as well as seeking non-financial remedies, such as apologies and explanations.

We are an experienced team, specialising in claims for clinical negligence, whilst being friendly, compassionate and approachable. We fight for all our clients to make sure that they get the very best outcome possible and we never lose sight of the personal difficulties that often accompany any claim.

We are able to offer a free initial meeting, whether in person or over the telephone so that you can explain your individual case. We’ll listen to your story and give you an honest answer as to whether we think you have a case. And if you have, our clinical negligence solicitors will start investigating on your behalf, should you wish to proceed.

Our experienced team, when assessing if we think you have a case, will consider:

1. Information from you as to what happened ;
2. Your medical records, if you have them;
3. Any complaints letters or other papers;
4. How much your claim could be worth; and
5. The medical and legal issues.

Williamsons are experienced at dealing with claims involving a death, which can include assistance with inquests. You do not need to wait until after an inquest to contact us.

You must prove two things:

• That the care you received was below the standard that you could reasonably expect from a competent healthcare professional practising in that area of medicine (breach of duty); and
• That you have probably suffered a physical or psychological injury as a result of the negligent act/omission (causation).

It is difficult to say at the outset of a claim what the likely financial compensation, known as damages, will be. We also recognise that it is not just about financial compensation. The amount of damages depends on a number of factors including:

• The nature and significance of the injury;
• Whether the injury has long-term or short-term effects;
• Whether you have been unable to work as a result of the injury;
• Whether any care has been provided, or is likely to be required in the future.

Yes – under UK law, claims for medical negligence typically have a 3 year timeframe to be pursued, which means for Court proceedings to be issued; after this timeframe, claims are typically only able to be pursued with the Court’s permission. The 3 year timeframe typically runs from the date of the knowledge or the date on which you became aware of the negligence, if later. There are some circumstances were this timeframe does not apply, such as for children or where the person does not have the mental capacity to bring a claim, so if you are not sure, please contact our helpful team to discuss.

You should seek help as soon as possible after the medical negligence; you do not need to wait for the outcome of an investigation or complaint before contacting us, as we may be able to assist you with the same. Whilst three years may sound like a long time, investigations into clinical negligence matters do take time, and therefore, if you think you have a claim it is best to make enquiries earlier, rather than later.

If your medical negligence claim is strong enough, we will offer a Conditional Fee Agreement, which is also known as a No Win, No Fee agreement. In appropriate cases, we are also able to offer Legal Aid and we can liaise with legal expenses insurers to funding the firm’s instruction on your behalf, if you have such cover on existing insurance, such as a home or motor insurance policy. We will discuss your funding options with you and work out what is the best option for you.

This can vary significantly from case to case. Once funding has been arranged, we anticipate that the initial investigations will take between six-to-nine months. During this time we will obtain your medical records, have them collated and a chronology of your clinical history drafted, and, if appropriate, forward them to an appropriate expert to prepare a report considering the issues in your case. At that time we would hope to be in a position to advise you as to whether your claim can be pursued further.

If supportive expert evidence is obtained, we prepare a Letter of Claim to the Defendant; this will outline all the allegations of negligence. The Defendant then has four months to provide a detailed response and advise as to whether liability is admitted or denied. If liability is admitted, we can take steps to settle your case – this usually takes around 12 – 18 months into your claim. If liability is denied and you claim has justifiable merits, we will commence your claim with the court and prepare for trial. If your case proceeds to trial, it is likely that your case will take around 24 – 30 months to conclude. However, your case could settle at any time up until trial.

The short answer to this is:

• Yes – If your case proceeds to trial.
• No – If your case does not proceed to trial.

Very few clinical negligence cases proceed to trial; in the event that a trial is necessary, our team will support you throughout the court process.