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Medical Negligence Claims in Scotland – Your Guide to Compensation
If you or a loved one have had medical treatment that went wrong, you understand how overwhelming it can be. A missed diagnosis, surgical error, or any other form of negligence can have deep and distressing consequences. In some cases, it can result in life-altering injuries or, more tragically, the death of a loved one. These moments can feel isolating, but it’s important to remember—you don’t have to face this alone.
Making a medical negligence claim Scotland is more than just seeking compensation. It’s a way to get answers, gain recognition, and hold those responsible accountable for their mistakes. Whether the negligence occurred in a hospital, GP’s office, or dental surgery, taking action can help improve medical practices and prevent others from experiencing the same difficulties.
We understand how difficult this process can be, but you do not have to go through it alone. Our panel of experienced specialists is ready to guide you through every step of the process, ensuring that you receive the assistance and attention you deserve.
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Your Guide to Making a Legal Claim for Clinical Negligence
Making a legal claim for clinical negligence can be complicated and overwhelming. Unlike personal injury cases, these claims involve a greater level of legal detail and frequently necessitate thorough investigation. If you have suffered as a result of medical errors, it is understandable that you are unsure where to begin. That is where our panel of experienced Medical Negligence Lawyers comes in. With decades of experience, we are here to help you navigate the process.
In many cases, the first step is to seek answers through the NHS’s complaints procedure. This can help us figure out what went wrong with your care and give us the information we need to help you. The more information you can provide, the easier it will be for us to offer the right advice and support.
We understand how difficult it can be to discuss what has happened, but our team is here to listen and help you. If you prefer speaking directly about your situation, don’t hesitate to get in touch.
How to Start Your Clinical Negligence Scotland?
To begin your clinical negligence claim in Scotland, the first step is to make a complaint. Each NHS board has its own complaints procedure, which can be found on its website. If your treatment was provided privately, you will need to reach out to the hospital where the treatment occurred. Check the hospital’s website for information on how to make a complaint.
The Importance of Making a Complaint:
Making a complaint is an important step in the process of evaluating a possible clinical negligence claim. It’s important to note that, under GDPR regulations, you or a close family member must make the complaint directly with the NHS. We are unable to participate in this step. While the process of making a complaint may appear daunting, it is not as difficult as it appears, and in most cases, it is only a few clicks away.
Once you make a complaint, the NHS is required to investigate the situation and respond in writing. They must respond within a reasonable time frame, which may vary depending on the nature of the complaint. The complaint response is an important tool for us, as it helps us fully assess whether there is a potential for a clinical negligence claim.
If you are considering taking legal action, keep in mind that the NHS is not obligated to handle your complaint while the legal process is underway. However, once you’ve received a written response from the NHS, you can contact us about clinical negligence. We’ll use the complaint documentation to assess your situation and advise you on how to do what to do next and, if necessary, how to sue NHS for negligence. For more information on how to make a complaint, please visit NHS Inform.
How to Make a Complaint About Clinical Negligence?
To make a complaint about clinical negligence, contact the complaints department of your local NHS board. The NHS has a specific process called the NHS Complaints Handling Procedure to guide you through this. Once you submit a complaint, the NHS must acknowledge it and investigate it as soon as possible.
It is critical to make your complaint within 6 to 12 months of when the accident occurred or when you first became aware of it. If the complaint is submitted after this time frame, the NHS may still investigate if the health board’s Chief Executive agrees it was late due to valid reasons and if it’s still possible to gather the necessary information.
Taking the time to make a complaint is essential. It helps address the situation and can support your case if you later decide to sue the NHS for negligence.
Types of Medical Negligence Cases We Handle:
HD Claims handles a wide range of clinical negligence claims. If you or a loved one have received poor care, the consequences can be life-altering. We specialise in the following types of medical negligence cases:
- Misdiagnosis: Misdiagnosis occurs when a condition is missed or incorrectly diagnosed, resulting in unnecessary pain and delaying the appropriate treatment. It’s frustrating, but we’re here to help.
- Cerebral Palsy: When complications during childbirth could have been avoided, yet result in a diagnosis of cerebral palsy. We fight to get families the answers and assistance they require.
- Birth Injuries: Any harm caused during childbirth, whether as a result of a delayed diagnosis of conditions like pre-eclampsia or injuries like Erb’s palsy. We help both mothers and babies who are facing these challenges.
- Surgical Errors: Mistakes made during surgery or inadequate post-operative care result in further harm. We’re committed to holding those responsible accountable.
- Hospital Treatment: Treatment in a hospital setting that leads to worsened conditions or, tragically, death. Your voice matters, and we’ll make sure it’s heard.
Regardless of the type of negligence you have experienced, we are here to listen, support, and guide you through the entire process.
Making A Personal Injury Claim In Scotland
Our panel of experienced personal injury lawyers excel in handling cases against well-funded insurance companies.
Our specialised injury lawyers will assist you with your claim, keep you informed throughout the whole process, and provide you with legal advice that is easy to understand.
01
Get In Touch.
Tell us your story, we're here to listen and provide you with an initial assessment based on your circumstances.
02
We’ll Prepare Your Claim.
We'll be by your side to take care of the legal process. We'll keep you informed of every step of the way.
03
Receive Compensation.
If your claim is successful, we'll ensure that you get your compensation as soon as possible.
"A Student’s Journey from Trauma to Triumph: Efthymios’s Fight for Justice After a Devastating Car Accident"
When Efthymios was injured in a car accident, he was left with severe facial injuries. He didn’t know how he would manage his recovery and studies.
“When I got in contact with HD Legal, they made me feel supported. They were incredibly understanding and fought hard for me, ensuring I received the compensation I deserved.”
"Cracked Pavement, Broken Ankle: How HD Legal Helped Margaret Find Justice and Peace of Mind"
When Margaret tripped on a neglected crack in the pavement in Glasgow, she shattered her ankle and was forced to take months off work, unsure how she would manage.
“HD Legal were a lifeline for me. They took care of everything—from gathering crucial evidence to battling the council—and gave me the peace of mind I needed to focus on my recovery.”
"Blown Away: HD Legal Fights for Douglas After Faulty Washing Machine Explosion"
When Douglas’s new washing machine exploded, it caused a fire that damaged his kitchen and left him with painful burns.
“HD Legal fought relentlessly for me when it seemed like no one else would. They were thorough, professional, and supported me every step of the way, helping me recover both physically and financially.”
"From Misdiagnosis to Recovery: How HD Legal Fought for Eilidh’s Justice and Secured the Care She Needed"
When Eilidh’s severe abdominal pain was repeatedly misdiagnosed, her condition worsened, leading to the need for urgent surgery.
“HD Legal stood by me when I felt lost. They were thorough, professional, and fought tirelessly to get me the care and compensation I needed to heal.”
"Falling from Heights, Rising with Justice: How HD Legal Secured Compensation for Alistair After a Workplace Accident Involving Faulty Scaffolding"
Alistair Campbell’s fall from faulty scaffolding left him with serious injuries and months of recovery.
“HD Legal’s panel of solicitors fought for me, ensuring I received the support needed to move forward.”
Time Limits for Medical Negligence Claims in Scotland
In Scotland, personal injury claims are generally limited to three years from the date of harm. However, medical negligence claims can be more difficult because several factors must be considered, such as when the harm was discovered. Understanding the time limits is critical if you’re considering making a claim.
Over the last 25 years, the number of medical negligence claims has increased, and Medical Negligence compensation payouts have reached billions. If you believe you have suffered as a result of medical negligence Scotland, you should act quickly. If your claim isn’t settled within the time frame, you must raise a court action before the deadline. Failure to do so may result in you losing the right to pursue your claim altogether.
If you’re unsure about the time limits or need assistance, speaking with a medical negligence solicitor in Scotland can provide you with the information you need to make sure you don’t miss out on your opportunity for justice.
Understanding the 'Date of Knowledge' in Medical Negligence
In medical negligence cases, the “date of knowledge” is critical. The date of harm (when the negligence occurred) and the date you realise there was harm may not be the same. For example, if you had surgery on June 1, 2020, but didn’t realise something was wrong until July 15, 2021, your three-year time limit to make a claim may begin on July 15, 2021, rather than June 1, 2020.
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Exceptions to the Three-Year Time Limit
When it comes to medical negligence, the three-year time limit to make a claim can sometimes be more flexible than it first appears. In many cases, the “date of knowledge” (when you first realise something went wrong) does not correspond to the date of harm. For example, you may not notice the symptoms or pain right away, and it may take some time to get a proper diagnosis.
If a doctor or healthcare professional did not notify you of the error, the “date of knowledge” will be when you made the connection between your injury and potential negligence. This can be tricky to figure out, as it depends on factors like your mental capacity, how serious the mistake was, who treated you, and when you should have reasonably made that connection.
When the case involves a child, the time limit is applied differently. The clock does not start until the child turns sixteen. For example, if a child was born on August 18 2013 and suffered from medical negligence, the claim wouldn’t have a time limit until August 18 2029.
Understanding these exceptions is critical to your case, so seeking legal counsel early can help ensure that you do not miss your opportunity to seek justice.
Mental Capacity, Fatal Claims & Other Exceptions
When someone lacks the mental capacity to make a claim, the standard three-year time limit does not apply immediately. If the person is unable to make a claim due to their condition, the time limit will not begin until they regain capacity. If they are not expected to regain capacity, the time limit is waived, and they can make a claim at any time.
If a person loses their capacity after the date of harm, the time limit starts after they regain their mental capacity. If the victim dies within the three-year period, the time limit is extended. The time limit then begins either on the date of their death or on the date of knowledge—the date when the deceased’s personal representative knew or ought to have known about the injury and its cause—whichever comes later.
These exceptions are critical to understanding, and seeking legal counsel as soon as possible can help you avoid missing out on justice.
Can I Challenge the Time Limit for My Claim?
In exceptional circumstances, you may be able to challenge the three-year time limit for making a claim. Under Section 19 of the Prescription and Limitation (Scotland) Act 1973, the court has the discretion to allow a claim outside of this limit, but this is usually only done in exceptional circumstances. Consult a lawyer for advice.
Expert Legal Help from Specialist Medical Negligence Solicitors
If you have been a victim of medical negligence, you need to have the right legal representation. Our panel’s best Medical Negligence Lawyers have the necessary experience and knowledge to handle the most complex cases. We’re here to hear your story and offer expert advice to help you navigate the process.
Medical negligence claims can be difficult to navigate, but with the right legal team, you won’t have to face it alone. Our panel’s Personal Injury Solicitors Scotland will assist you in understanding your options, gathering the necessary evidence, getting expert opinions, and obtaining the compensation and justice you deserve. No matter the case, we are committed to fighting for your rights every step of the way.
Contact Our Medical Negligence Solicitors in Scotland
If you’ve been injured and believe you have a claim, we can help. Our panel’s best medical negligence solicitors Scotland can help you determine whether you are entitled to compensation. We provide a no-win, no-fee arrangement, which means you won’t have to worry about legal fees unless we win your case.
We understand that discussing your experience can be tough, especially if it’s related to sensitive or complex issues. If you want to talk or get expert advice on a potential claim, we’re here to listen and support you.
Simply fill out our online enquiry form or call us on 0141 2801112. Our initial consultation is free, and we will work with you to better understand your situation and determine the best next steps for your no win no fee medical negligence scotland claim.
We’re Here To Help When You Need Us Most.
Call us on 0141 2801112, or leave us a message below to request a call back and one of our team will be in touch as soon as we can.
