How long do I have to make a medical negligence claim?

You have three years to raise a medical negligence claim. Our specialist medical negligence solicitors will assist you with each stage of your claim.

How will I receive compensation?

At Jones Whyte, we are dedicated to conducting thorough investigations into medical claims. We utilise independent experts to provide a comprehensive and impartial evaluation of the treatment received.Upon notification of the claim to the medical practitioner, we will determine if negligence has been admitted. If the claim is deemed valid, we will proceed to accurately determine the monetary value of the losses suffered as a result of the negligence. Trust us to handle your medical claim with the utmost professionalism and care.

How do I make a complaint to the NHS?

You can take the first step in resolving your concerns by visiting the NHS inform website. This valuable resource provides information on the process for filing a complaint in your local area.

Are there any upfront fees?

Our true No Win No Fee medical negligence services set us apart from other firms. We not only take on your case without any fees unless we win, but also cover the cost of necessary medical expert reports. This means that there are no hidden or upfront costs for our clients, providing a stress-free and risk-free experience

Death Due To Clinical Negligence

When you or a loved one suffer from ill health and require assistance from a medical professional, it can be a very stressful and worrying time.

Compensation for Medical Negligence Resulting in Death

Losing a loved one is an incredibly distressing experience, further compounded when it is believed that the death resulted from inadequate medical care.

At Jones Whyte, we understand the emotional and financial toll such situations can take on families.

Our dedicated team of lawyers specialises in navigating the complexities of fatal medical negligence claims, aiming to provide support and compensation for those who have lost a family member due to medical negligence.

Understanding Medical Negligence in Fatal Cases

When a loved one passes away due to medical negligence, it is essential to recognise that you may be entitled to compensation for their wrongful death.

Medical professionals are obligated to uphold a duty of care, ensuring the highest precautions in treatment decisions and procedures.

If this duty is breached, leading to harm or death, a medical negligence claim can be pursued.

Pursuing A Medical Negligence Claim When The Individual Has Passed Away

In cases in which an individual experienced medical negligence whilst they were alive but are no longer here to pursue a claim, the Executor of their estate can pursue the claim. The Executor can pursue a claim for the pain and suffering caused to the individual, before their death.

In Scotland, close relatives (spouse, parents, children, grandchildren, grandparents, and siblings including step relatives) of an individual who has died as a result of negligence can pursue a claim for loss of society under s4(3) of the Damages (Scotland) Act 2011.

To pursue a loss of society claim, we must be able to prove that negligence caused or contributed to the individual’s death. The deceased’s relatives are each compensated for the loss of their relationship, support and guidance of that family member in their life.

In certain circumstances, on which negligence occurred during the individual’s lifetime but they are no longer here to pursue the claim, the Executor can also pursue the claim on behalf of the estate, even if the negligence did not directly result in death.

For example, where a delay in diagnosis of incurable cancer occurs, which shortens the individual’s life and which can affect their overall quality of life but does not directly result in death.

Meet the Experts

The highly experienced medical negligence lawyers at Jones Whyte are ready to assist you with your claim.

Meet the whole team

Chloe Sneddon

Partner

Michael McLean

Partner and Solicitor Advocate

Rachel Carmichael

Paralegal

Our Fee Structure

Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.

No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.

When You Might Be Liable for Costs:

If you choose to terminate your agreement with us but later succeed with your claim through other means, such as through another firm of solicitors, you may be liable for the cost of the work we have completed on your behalf.
In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have misled us or falsely represented part of your claim.

These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.

Contact Jones Whyte Today

Get in touch with our experienced medical negligence professionals today for support with your case.

0141 674 6144

info@joneswhyte.co.uk

Pursuing A Medical Negligence Claim When The Individual Has Passed Away

For example, where a delay in diagnosis of incurable cancer occurs, which shortens the individual’s life and which can affect their overall quality of life but does not directly result in death.

Time Limits On Claiming Clinical Negligence Compensation

To pursue a claim for medical negligence in Scotland, Court proceedings must be raised and served on the negligent organisation or individual professional, three years from the date in which you could reasonably be expected to have become aware of the negligence or in fatal claims, three years from the date in which the individual died.

For negligence pertaining to children, the time limit in which to raise the claim in Court is three years from the date of their 16^th birthday.

Why Choose Jones Whyte for Fatal Medical Negligence Claims?

Jones Whyte has earned recognition for excellence in medical negligence claims. As highlighted by the thousands we have won our clients in compensation, our firm is among the top law firms in Scotland for clinical negligence.

With a team of highly skilled solicitors, we have successfully represented clients in various fatal medical negligence cases, including high-profile instances. Our commitment extends to supporting families through coroner’s inquests and providing free, no-obligation consultations to discuss their case.

Jones Whyte also do not charge anything at all upfront, many firms will charge you thousands for specialist medical reports. We work on a 100% no win no fee basis.

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Death Due To Clinical Negligence

Compensation for Medical Negligence Resulting in Death

Understanding Medical Negligence in Fatal Cases

Pursuing A Medical Negligence Claim When The Individual Has Passed Away