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Leading Medical Negligence Solicitors

The Medical Negligence Team at Mayo Wynne Baxter is one of the most reputable and distinguished in the UK. The prestigious Chambers Directory has recognised this and regards our team of medical negligence solicitors as some of the finest in the country.

Our extensive experience and expertise in medical negligence law means we can work with any type of case; from the smallest viable claim; to those worth several millions of pounds where the severest of injuries have been suffered. This includes those relating to spinal or brain injury claims.

Legal Aid and "no win no fee" arrangements

Our medical negligence service is tailored to your exact needs

Our team of solicitors provides a highly specialised service and has a reputation for providing the highest level of client care. We are also one of the few specialist firms entitled to do Legal Aid medical negligence work, and have extensive experience of all other funding arrangements, including “no win no fee” arrangements.

Proving a Claim

To succeed with a medical negligence claim you must satisfy, with the benefit of independent medical expert opinion, two tests. Failure to satisfy one of these tests will mean that you cannot proceed with your claim. The two tests are as follows:


Breach of duty - was the care that you received below a reasonable standard of care?

You should note that the test is not that you should have received the highest standard of care but only a reasonable standard. The strict legal test is that the care you received fell below the standard to be expected of a reasonably competent and skillful specialist in the particular field in which the treatment was given.

Even if a number of clinicians are of the view that a particular practice is substandard, if there is another reasonable and responsible body of medical opinion in the field (even a minority) who would consider that the treatment given was reasonable the claim will fail. Establishing breach of duty is rarely a straightforward exercise because there is often more than one opinion on what treatment is within a reasonable standard.

Causation - what injury and loss has been caused by any breach of duty?

The second part of the legal test in proving a medical negligence claim requires that some quantifiable loss or damage has been suffered as a consequence of any breach of duty. In other words it is necessary to consider what the outcome of the treatment would probably have been, if there had not been substandard care, and to show that the actual outcome has been worse.

Our solicitors frequently have cases where it can be shown that the care was substandard but it cannot be proved that any damage has been caused by that substandard treatment. In these circumstances, the claim will fail as the second legal test for a claim has not been satisfied.

In some cases the effect of the substandard treatment is minimal and it is then uneconomic for the claim to proceed.

For more information on proving a medical negligence claim contact the Medical Negligence Team today.

Contact Us

Primary Contact

Melanie  Minter
Melanie Minter

Partner

T | 01273 223205
E | mminter@mayowynnebaxter.co.uk

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Funding Options

Our Medical Negligence Team offers an initial interview free of charge. We realise that most people who are considering bringing a claim are worried about how much it will cost. At Mayo Wynne Baxter we offer flexible funding arrangements to meet your situation. We have extensive experience of all the possible ways of funding a claim, details of which are set out below. Our medical negligence solicitors will discuss financial matters with you from the outset to ensure that you have a clear view of how your case will be funded.

Public Funding

In recognition of our expertise in medical negligence Mayo Wynne Baxter is one of the few firms in the South of England with a franchise to conduct cases under a Public Funding (formerly Legal Aid) certificate.

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Legal Aid is now essentially limited to cases involving brain injury associated with birth or neonatal cases. Eligibility for public funding is also subject to two criteria. Firstly, you must satisfy the financial requirements in terms of your income and capital (Means Test). Secondly, you must also satisfy the Legal Services Commission (formerly the Legal Aid Board) that your case has sufficient merit (Merits Test). It will be our job to advise you on whether your potential claim has sufficient merit to justify an application for funding. If the potential claim relates to your child, it is the child's means that are assessed and not yours.

If you qualify for public funding you will be issued with a Public Funding Certificate to cover the costs of investigating your potential claim. We will be required to update the Legal Services Commission on the progress of the investigation and if, at any stage, your case ceases to satisfy either the Means Test or the Merits Test, it is likely that funding will be withdrawn.

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No Win, No Fee

We offer Conditional Fee Agreements (CFA) to clients in suitable cases. It will often be necessary to complete a preliminary investigation into the merits of your claim before the firm decides on whether a CFA is appropriate...

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If we are able to take a meaningful view on the merits of a claim at the outset this firm will consider a CFA from the word go. Under a CFA we will only be paid if you win your case.

The CFA only covers our costs. Investigating your claim you will entail additional expenses (disbursements), including the cost of obtaining records; experts' fees and court fees. Our Medical Negligence Team maintain a flexible approach regarding the funding of disbursements and will always take time to establish the most appropriate funding method for each individual client.

If you win your case, it is likely that the Defendant will be liable to pay your reasonable legal costs and disbursements.

If you lose your case following the issue of court proceedings you will not have to pay our costs, but you will be potentially liable for the Defendant’s costs and your disbursements. We will advise you to take out “after the event” (ATE) insurance to cover this potential liability.

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Insurance

It may be that you have an existing insurance policy that covers legal expenses for you and your family. This is known as BTE (before the event) insurance and it may be available through your car insurance, household...

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insurance or any other policy. If you have such a policy you will need to double-check whether it covers the costs of investigating the particular claim you have in mind. If you are in any doubt we are very happy to advise you on this point.

We are obliged to check any policies you may have, so we will ask you to bring them with you to your first interview. The current legal position is that appropriate, available BTE insurance must be considered before an application for public funding or a CFA is considered.

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Private Funding

We can act for you on a private fee-paying basis and will advise you of our hourly rates. We will need to discuss carefully your prospects of succeeding with your claim and the risk that you may be liable for costs and...

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disbursements if you were to lose your claim.

We recognise that the costs of privately funding a claim to its conclusion are beyond the means of the vast majority of people. However, we do often carry out a preliminary investigation of the merits of a claim on a private funding basis. The result of the preliminary investigation will then enable the firm to decide on whether a CFA is appropriate.

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Testimonials

"Highly experienced team offering strategic advice on neonatal and birth injury claims, including cerebral palsy. Houses a substantial number of lawyers with prior experience in defence work, which adds to its tactical ability when negotiating settlements."
Chambers UK Directory 2016

"The firm is as good as some of the best in the country. I have never seen it put a foot wrong."
Chambers UK Directory 2014

"Respected for its expertise in birth and neonatal brain injury cases. Also offers inquests experience and deputyship capability. Its in-house media and PR team can also assist claimants seeking publicity."
Chambers UK Directory 2014

"I would just like to say a huge thank you again for all your support and hard work. I really appreciated what you did for me. ....I was really inspired by you and Mayo Wynne Baxter as a company."
(Miss T)

Free Initial Consultation

Our team is on hand to help you understand what is involved in making a medical negligence claim. We offer all our clients a complimentary consultation initially, so we can determine your goals and investigate the merits of your claim. We have offices across Sussex, but would be more than happy to visit you to discuss your claim further.

To discuss your potential claim please call 0800 84 94 101 and ask for a member of the Medical Negligence team.

Accreditations

SRA Clinical Negligence Panel
Top Ranked
AVMA
APIL Accredited Practice