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Medical Negligence – your rights

Sadly, medical negligence can occur in a wide range of different situations. It may be the failure to diagnose an illness or a misdiagnosis; botched surgery; inadequate aftercare; a birth-related injury; poor mental health care or any one of a number of other circumstances.

Many people who could make a medical injury claim never seek legal advice, perhaps because they are unsure where to start. Some of those who do claim need financial compensation to fund their long-term care but for others the motivation is to get answers about what went wrong and why, to obtain an apology and to use the litigation as a way to apply pressure to bring about improvements in care so that someone else doesn’t suffer as they have.

The key to whether or not there is a valid claim is whether it can be proved that there is both a breach of duty of care and that this has put the patient in a worse position than they would otherwise have been.

Specialist lawyers will work very closely with experienced medical experts to investigate whether there is a claim that gives rise to compensation. Where it does, they will work to maximise that claim and in doing so ensure that victims of medical accidents obtain fair and proper redress. They will also focus on helping clients to recover as much quality of life as possible, as quickly as possible, (with the help for example, of an interim payment), because they know that when it comes to recovery, it is not just about the size of the cheque.

Local Age Space partners Ashtons Legal are widely regarded as go-to legal specialists in Norfolk for those who have suffered injury as a result of medical treatment, including by independent reviewers Chambers and Partners UK. .

Ashtons is able to offer all types of funding for claims and will advise clients on the options available.  A couple of examples of cases settled recently for Ashtons’ elderly clients follow, but they are of course very happy to represent people of all ages and circumstances.

 Mrs M went to see her GP practice on several occasions complaining of neurological symptoms including headaches and blurred vision. Despite seeing two different GPs, she was not referred to a specialist neurologist. As it turns out, she was suffering from a benign tumour near the optic nerve that could have been treated. Had she been referred, the tumour would probably have been detected and successfully treated, saving her eyesight.  As it was, it went untreated and she lost her eyesight. The claim was settled for £100,000 plus costs.

Mr P was a 71 year old who underwent a knee replacement surgery for osteoarthritis. He had previously undergone a successful replacement of his other knee. The knee became infected, the infections were treated incompetently and, after a series of operations to try and eradicate the infection, he eventually had to undergo an amputation of his leg above the knee.  He was then reliant on a wheelchair as he could not tolerate a prosthetic leg. Damages were recovered in the total sum of £810,000.  




Whatever the circumstances, if you or a family member has received sub-standard care, it is worth seeking the opinion of a specialist medical injury lawyer. For individual advice about a possible medical injury claim call Ben Ward on 01603 944921 or contact the specialist team through the website at