Experiencing medical negligence can be life-changing. When you seek medical help, you expect to receive professional care. Unfortunately, mistakes can happen. Whether it is a misdiagnosis, surgical error or delayed treatment, medical negligence can lead to serious harm, financial loss and emotional distress.
At Marley Solicitors, we specialise in helping individuals and families across Preston who have suffered due to medical negligence. With our local knowledge and national experience, we offer a compassionate, expert service designed to achieve justice for our clients.
What is medical negligence?
Clinical negligence, another name for medical malpractice, happens when a healthcare provider gives substandard care that results in injury, the worsening of a condition, or additional health problems. This can happen in hospitals, GP surgeries, dental clinics, pharmacies or even at home with community care.
To establish a medical negligence claim, two key elements must be proven:
- Breach of duty: The care provided fell below the standard expected of a competent professional in that field.
- Causation: The substandard care directly caused or significantly contributed to your injury or condition.
Common examples of medical negligence
Medical negligence can take many forms. Some of the most frequent include:
- Misdiagnosis or delayed diagnosis (e.g., cancer, infections, fractures)
- Surgical errors, such as wrong-site surgery or retained instruments
- Medication errors, including incorrect prescriptions or dosage
- Birth injuries, affecting the baby, mother or both
- Negligent cosmetic surgery
- Infections acquired in hospital due to poor hygiene or failure to monitor
- Lack of informed consent before procedures
- Failure to refer a patient to a specialist when necessary
If you have experienced any of these scenarios in Preston or the surrounding area, you may be entitled to compensation.
Why choose Marley Solicitors for your medical negligence claim in Preston?
Marley Solicitors offers a bespoke service tailored to the needs of our clients in Preston and across Lancashire. Here’s why individuals trust us:
- Local expertise: We understand the NHS trusts, private clinics and healthcare providers in the Preston area.
- Specialist knowledge: Our solicitors are experienced in complex medical negligence claims.
- No win, no fee: Most of our claims are handled under a conditional fee agreement, so you don’t pay unless your case succeeds.
- Compassionate service: We understand how difficult this time can be. We approach every case with empathy, clarity and professionalism.
- Track record of success: Our firm has secured substantial compensation for clients in Preston and beyond.
How much compensation could you receive?
Compensation for medical negligence aims to place you in the position you would have been in had the negligence not occurred. The amount you can claim depends on several factors, including:
- The severity and permanence of your injury
- Loss of earnings (past and future)
- Medical treatment costs (including future care)
- Psychological impact
- Adaptations to home or transport
- Travel expenses
Compensation typically falls into two categories:
- General damages: For pain, suffering and loss of amenity
- Special damages: For specific financial losses linked to the negligence
Our team will work with medical experts, financial advisers and care professionals to calculate your full entitlement accurately.
Who can bring a medical negligence claim?
You can bring a claim if you have personally suffered as a result of medical negligence. In some cases, claims can be brought on behalf of:
- A child under the age of 18
- Someone who lacks the mental capacity to bring a claim themselves
- A loved one who has died due to negligent care
Our solicitors will guide you through the appropriate legal process, including applications for probate or deputyship if necessary.
Time limits for bringing a medical negligence claim
In most cases, after the date of the negligence, you have three years from when you first became aware to bring a claim. However, there are exceptions:
- For children, the three-year limit starts from their 18th birthday
- For those who lack capacity, there may be no time limit until (or unless) they regain capacity
- If the negligence led to a death, the claim must generally be brought within three years of the date of death or the date of post-mortem results
We always recommend seeking legal advice as soon as possible. Early instruction gives us more time to gather evidence and build a strong case.
The process of making a medical negligence claim in Preston
Here’s what you can expect when you work with Marley Solicitors:
- Free consultation: We start with a free, confidential discussion to assess your situation and advise whether you have grounds to make a claim.
- Investigating your claim: We obtain your medical records and consult independent experts to determine whether negligence occurred and its impact.
- Letter of claim: We send a formal letter to the healthcare provider, outlining the alleged negligence and your claim.
- Response: The provider has four months to investigate and respond. They may admit liability, deny the claim or make an offer.
- Negotiation and settlement: If liability is accepted, we negotiate to secure a fair settlement. If the claim is denied, we may issue court proceedings.
- Court proceedings (if necessary): Most claims settle before reaching court. If yours does go to trial, we provide expert representation throughout.
Supporting clients across Preston and Lancashire
Our solicitors help clients throughout Preston, including:
- Fulwood
- Ashton-on-Ribble
- Penwortham
- Ribbleton
- Lea
- Broughton
- Walton-le-Dale
- Higher Walton
Whether your case involves Royal Preston Hospital, a local GP or a private clinic, we are here to help.
Can I claim against the NHS?
Yes. The NHS is legally liable for negligent care provided by its staff. Claims are typically handled by NHS Resolution, the body responsible for dealing with NHS legal claims. Bringing a claim does not affect your ongoing care and should not be seen as a personal attack against any individual doctor or nurse.
We understand many clients feel apprehensive about suing the NHS. However, compensation can be vital to fund treatment, adapt your home and support your future.
Can I claim against a private healthcare provider?
Yes. Private healthcare professionals and clinics owe the same duty of care as NHS providers. If your treatment in a private hospital or cosmetic clinic in Preston has caused harm due to negligence, you are equally entitled to bring a claim.
Will I have to go to court?
Most medical negligence claims are resolved through negotiation. Fewer than 2 in 10 cases proceed to trial. Our aim is always to reach a fair outcome without the need for court proceedings. However, if your case does go to court, you will receive strong legal representation every step of the way.
What makes a strong medical negligence claim?
To build a strong case, you need:
- Clear evidence of negligent care
- Proof that the negligence directly caused harm
- Detailed medical records
- Independent expert opinions
- Accurate calculation of your financial losses
Our solicitors manage every aspect of this process, using trusted experts to present your case in the strongest possible terms.
Why act now?
Delays can put your claim at risk due to time limits. But acting quickly also has other benefits. Witnesses remember more, records are easier to access and your solicitor has more time to build your case. Even if you’re unsure whether your experience qualifies as negligence, it costs nothing to speak with us.
Get in touch with Marley Solicitors today
If you or a loved one has suffered due to medical negligence in Preston, contact Marley Solicitors today. We offer a free initial consultation and no win, no fee representation in most cases.
Let our expert legal team help you secure the justice, answers and compensation you deserve.
Call us now or complete our online enquiry form to arrange your free consultation.
