If you or a loved one suffered due to medical negligence in Congleton, you may be entitled to compensation. Understanding the legal process can feel overwhelming, especially when dealing with the physical or emotional impact of the experience. This guide outlines each stage of making a medical negligence claim in Congleton and explains how Marley Solicitors can support you through every step.
What is medical negligence?
Clinical negligence, another name for medical carelessness, happens when a healthcare provider fails to provide an acceptable standard of care, leading to harm or injury. This could be due to a misdiagnosis, surgical error, delayed treatment, or incorrect medication, among other things.
To make a successful claim, it must be shown that:
- A duty of care was owed by the medical professional or institution
- That duty was breached through negligent action or inaction
- You suffered harm or loss as a direct result of that breach
Who can make a medical negligence claim?
Medical negligence claims can be brought by:
- The patient who suffered harm
- A parent or guardian (in the case of children)
- A close relative of someone who has died as a result of negligent treatment
- A person acting under power of attorney for someone unable to claim themselves
Claims can be made against NHS services, private practitioners, dentists, care homes, and any other regulated healthcare providers.
Time limits for medical negligence claims
In the UK, there is generally a three-year time limit for making a claim. This runs from:
- The date the negligence occurred, or
- The date you became aware of the harm caused by negligence
There are exceptions for children (the three-year period starts from their 18th birthday) and for individuals who lack mental capacity.
It is essential to seek legal advice as early as possible to avoid missing important deadlines and to begin gathering evidence while it is still fresh.
The stages of making a medical negligence claim
- Initial consultation with a solicitor
The process begins with an initial consultation. At Marley Solicitors, we offer free consultations for potential clients in Congleton. During this session, we will:
- Listen to your account of what happened
- Evaluate whether you have grounds for a claim
- Explain your legal options and the likely outcomes
This first step is confidential, and there is no obligation to proceed.
- Gathering evidence
If we agree to take on your case, the next stage involves collecting evidence. This can include:
- Medical records from the GP, hospital, or clinic involved
- Witness statements from you and anyone else who was present
- Expert medical opinions to establish the standard of care that should have been provided
- Documentation of financial losses, such as lost income or travel expenses
The quality of evidence is crucial to proving your claim and securing fair compensation.
- Instructing independent medical experts
To strengthen your case, we will often instruct one or more independent medical experts to review your records and provide reports. These experts assess whether:
- The treatment you received was substandard
- The harm you suffered was directly caused by the negligence
This medical evidence plays a central role in establishing liability.
- Sending a letter of claim
Once we have a solid basis for your claim, we will send a formal letter of claim to the healthcare provider or their legal representatives. This letter outlines:
- The details of the alleged negligence
- The injuries or losses sustained
- The legal basis for your claim
- A request for the other side to accept responsibility
Under the Pre-Action Protocol for the Resolution of Clinical Disputes, the healthcare provider has four months to respond.
- Receiving the response and negotiating a settlement
The defendant (hospital, GP practice, or other provider) may:
- Admit liability and offer compensation
- Admit partial responsibility
- Deny liability entirely
If they accept responsibility, we will begin negotiating a settlement that reflects your pain, suffering, financial losses, and any future care or treatment needs.
At Marley Solicitors, we always aim to reach a fair settlement without the need for court proceedings, but we prepare every case thoroughly in case it does proceed to trial.
- Issuing court proceedings (if necessary)
If the other side denies liability or offers an unreasonably low settlement, we may recommend taking your case to court. This involves:
- Issuing formal court proceedings
- Attending case management conferences and hearings
- Presenting your case before a judge
Even after proceedings begin, the vast majority of claims are settled out of court. Trials are typically a last resort.
- Receiving compensation
If your claim is successful, compensation (also known as damages) will be awarded for:
- Pain and suffering
- Medical expenses
- Loss of earnings
- Ongoing care needs
- Psychological trauma
Each case is unique, and the amount awarded depends on the severity of the injury and the long-term impact on your life.
No win, no fee medical negligence claims
Marley Solicitors offers no win, no fee agreements (also called conditional fees) for clients in Congleton. This means:
- There are no upfront legal fees
- If your claim is unsuccessful, you pay nothing to us
- If your claim succeeds, a success fee will be deducted from the compensation
This arrangement ensures access to justice without financial risk.
Common examples of medical negligence
We handle a wide range of clinical negligence claims in Congleton and across Cheshire. Common examples include:
- Surgical mistakes such as wrong-site surgery or leaving instruments in the body
- Delayed diagnosis or misdiagnosis of cancer and other serious conditions
- Negligent treatment during childbirth, resulting in injury to mother or baby
- Prescription errors leading to adverse reactions
- Poor hygiene standards causing infections
If you are unsure whether your situation qualifies, our team can provide a quick assessment.
Why choose Marley Solicitors for your claim in Congleton?
Choosing the right solicitor can make all the difference. Marley Solicitors offers:
- Decades of experience in handling medical negligence claims
- A compassionate, client-first approach
- Deep local knowledge of Congleton and surrounding areas
- Access to leading medical experts
- Transparent advice on the strength of your claim and your options
We understand that pursuing a legal claim can be stressful. Our team works hard to make the process as smooth and reassuring as possible.
How to get started
If you believe you have experienced medical negligence in Congleton, the best first step is to speak with a specialist solicitor. At Marley Solicitors, we are here to listen, advise, and help you claim the compensation you deserve.
Call us today to book your free consultation, or use our website enquiry form to get in touch.
