Negligent hospital treatment

Over 100 years of combined medical negligence experience

Instructing highly experienced independent medical experts

Independently accredited by The Law Society, APIL and AvMA

Experience in medical claims involving all aspects of hospital treatment – NHS and private

Legal 500 top tier ranked law firm for medical negligence cases in South East and South West

Clear understanding of complex hospital negligence cases

Help and advice for hospital negligence claims

‘Hospital negligence solicitors focused on your interests’

If you’ve received medical treatment in hospital that’s gone wrong or led to unexpected complications and injury it can have a significant impact on your life. Our medical negligence solicitors have decades of experience advising clients bringing claims relating to a wide range of hospital care and treatment and so know how to help you find out and understand what went wrong – and then obtain you compensation for your injuries and any financial losses.



Support focused on you

If you have suffered an unexpected injury whilst receiving treatment in hospital you will likely have a lot if questions about what happened, as well as trying to deal with the injuries you have suffered and the impact these are having on your life.  Our specialist and dedicated Solicitors take the time to get to know you and understand what has happened and how it has affected you to provide you with the best advice for your individual circumstances:

  • Helping you ascertain what happened
    You may need help in finding out what went wrong and why it happened. We work with leading independent medical experts to advise on the standard of care you received and to explain where this may have gone wrong and if any complications occurred which should not have, and also to advise if you have suffered avoidable injury as a result.
  • Claiming for compensation
    If the injuries you have suffered as a result of negligent treatment in hospital are affecting your day-to-day life, you can pursue a claim for compensation for your injuries and out of pocket financial losses. Our specialist solicitors will work with you to understand the injuries you have suffered and financial losses you have incurred to submit a maximised claim for compensation for you as promptly as possible.
  • Tailored help and advice
    Every client and their claim is unique. However, thanks to our experience, we’ll be able to give you the individual advice, help and support you need to achieve the best results for your situation and as quickly as possible.

Factsheet:


Our credentials

“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset

“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds

“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West 

“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East

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I am delighted with my relationship with Royds Withy King and the service. They are the most responsive and efficient legal firm I have come across and made the negligence case as smooth as possible.
Royds Withy King client

FAQs

Treatment provided in hospital is very wide-ranging, but in summary if something has gone wrong with your treatment and you have suffered injuries which were unexpected then you may have a claim if the treatment you received was negligent. Some examples of claims relating to negligent hospital treatment which we have advised on include:

 

Surgical negligence – this can include carrying out the wrong procedure or causing additional injury during the procedure; retained surgical equipment or swabs causing infections or the need for further surgery to remove the equipment; anaesthetic errors; failing to discuss the potential risks of surgery and any alternative treatment options and therefore failing to obtain your proper consent.

 

Mis-reported x-rays and other radiology – including failures to report abnormalities on x-rays or other types of scans, such as fractures or suspicious masses; or failures to communicate abnormalities on scans.

 

Medication errors – either being given too much medication (an overdose) or too little medication; or even being given medication by the wrong method.

 

Falls in hospital – these can occur as a result of failures to support a patient with difficulties moving around in hospital; or failing to properly assess the risk of a patient falling and provide appropriate support, including re-assessing this risk if the patient’s condition changes.

 

Infection/sepsis – infections can occur for a variety of reasons, some negligent (for example as a result of poor hygiene/cleanliness) and some non-negligently. If the infection is then not diagnosed and treated promptly, for example due to a failure to note a change in the patient’s condition/observations, then it can develop and become more serious causing damage to internal organs, or potentially fatal.

Yes, you can bring a claim in relation to either NHS or private treatment.  The only difference is that if your treatment was provided privately then the claim may need to be brought against the Consultant directly, who will most likely be insured and/or the private hospital.  With NHS treatment the claim is usually always brought against the NHS Trust responsible for the hospital where you received the treatment, and not against any individual doctor.

This is difficult to answer because each claim is unique and the timescale will depend on  number of different factors.  As a general rule it is likely to take in the region of 2 years to conclude, but can be quicker or longer than this in some cases.

Generally speaking, in England and Wales you have three years to commence a claim either from the date of the negligent medical treatment, or from the date you became aware that there may have been negligence, whichever is the later. Establishing when the 3 year time limit starts from can be complex and therefore it is important to seek legal advice at the earliest opportunity. Failing to commence Court proceedings within 3 years can leave your claim out of time.

 

There are different rules for children, who can commence Court proceedings at any time up until their 21st birthday.

This again is unique to each claim and your particular circumstances.  You are entitled to claim compensation for your injuries (known as general damages) and also any out of pocket financial losses, such as loss of earnings, treatment expenses, travel expenses.  We will discuss with you the impact of your injuries and what losses you can claim for and ensure that your claim is maximised.


Contact us now to find out how we can advise on making a compensation claim for medical negligence in hospital