Like any other medical professionals, therapists have a duty of care to their patients. If you’ve suffered an injury or illness due to a private therapist’s negligence, you could be entitled to make a claim for compensation.
If you are considering a medical negligence claim against a private therapist because you feel the treatment you received fell below and acceptable standard, it is important to understand that every medical negligence claim is unique and usually complex.
It is therefore essential that you seek advice from a specialist medical negligence solicitor to ensure your claim is properly investigated and that you receive the compensation you deserve. Slater and Gordon has a large specialist medical negligence team that are available to help you through this difficult time.
Therapists treat a large spectrum of health-related matters and can include:
Physiotherapists
Occupational Therapists
Chiropractors
Chiropodists
Osteopaths
Podiatrists
Optometrists
Very often, these practitioners work in conjunction with your doctors. However, their services can also be accessed directly, if paying privately. It is imperative that if you are seeking treatment from a private therapist, they are competent in treating the condition you have presented to them with and can identify any symptoms that need further investigation.
Unfortunately, on occasion, this does not happen, which can result in delays to recovery and can cause significant delays in diagnosing and treating any number of health conditions.
What types of medical negligence claim can I bring against a private therapist?
Claims against a private therapist are varied and can result from almost any type of treatment they provide. Some of the most common claims we pursue include:
Delayed diagnosis claims
Nerve injury claims
Spinal injury claims
Sight loss claims
Our Medical Negligence Services page provides a detailed list of some of the more common claims we investigate. However, we are always on hand to discuss your potential medical negligence case, should you prefer.
How in-house medical experts support your medical negligence claim
Our in-house medical experts play a critical role in medical negligence cases. Here, Litigation Midwife, Kim Burns and Litigation Nurse, Matthew Brown explain their roles and how their medical experience translates to medical negligence claims.
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What do claims against private therapists entail?
To bring a successful medical negligence claim against a private therapist, you must be able to prove the following:
The therapist owed you a duty of care. In most therapist / patient settings, where treatment is being provided, it is relatively easy to show the therapist owed you a duty of care.
The therapist breached their duty of care to you by providing negligent treatment i.e. treatment that fell below an acceptable standard.
This negligent treatment caused injury, illness, the worsening of an existing condition or even death.
To establish the above, we’ll need to obtain access to your medical records, as the therapist’s records will be a key piece of evidence in your case. Once this has been received, your expert medical negligence solicitor will review these to identify what, if any, mistakes were made, and what impact these mistakes have had on your current condition and recovery.
A statement may then be taken from you and any other witnesses, and medical experts will be instructed and questioned on potential allegations medical negligence. We’ll then assess all complex legal and issues, and if it is felt substandard care was provided and that this caused additional injury, then we’ll start legal proceedings by sending a Letter of Claim, in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes, will be sent to the Defendant (that is, the party responsible for your negligent care).
In all the cases we pursue, we aim to establish liability as soon as possible. Once liability is accepted, we can usually apply for an interim payment. Interim payments allow those who've suffered serious injuries to receive part of their compensation before their case settles. This is something your medical negligence solicitor will be keen to explore with you as these payments can often help pay for rehabilitation, care or even the purchase of a more suitable property.
For more information about how medical negligence claims are pursued, see our medical negligence claims guide here. Alternatively, if you think you have a claim and would like to speak to us, you can contact our specialist medical negligence solicitors on 0330 041 5869 or arrange a call back online.
How much compensation can I claim?
Every medical negligence claim against a private therapist is different, even when the negligence and injuries are similar. This is because the impact an injury can have on someone’s life is personal to them. Therefore, the amount of compensation that could be awarded can only be determined after careful consideration of the evidence.
During the course of investigating a claim, your specialist medical negligence solicitor will consider the following key elements when assessing your claim’s value:
What injuries, and to what part of the body, the negligent treatment provided by the private therapist has caused you.
How much pain and suffering you have endured, for how long, whether you are likely to recover from these injuries, or whether they are likely to be lifelong.
As well as the pain and suffering related to the injury, you’ll also be able to claim any financial losses that have been caused by the negligent injuries. Such financial losses may include lost earnings, pension loss, the cost of rehabilitation, long-term care, and any necessary house adaptations needed to maximise the chance of a recovery and independent living.
My husband and I have been beyond satisfied with the service and help / advice given through the claim process from Emma. After facing a traumatic experience, the team have helped in getting compensation and holding the relevant people accountable for their actions, and it cost me £0. The communication, openness and transparency through the process was really above and beyond; always willing to explain areas that we didn’t understand.
Client testimonial (Emma Doughty)
We would like to say a big thank you to you personally for doing everything possible to get justice for our son. We feel very privileged to have you on our side and fighting for him, and for us. We appreciate his case is quite a complex one, but you haven't given up on us and you've been in our corner all the way. We're so grateful to you all for everything you've done and are continuing to do.
Client testimonial (for Emma Doughty)
The entire process was managed in a sensitive and compassionate manner. I felt comfortable discussing personal information with staff, thanks to their open and kind nature. Thanks to John and his colleagues at Slater Gordon, my future is much more secure. I cannot that them enough or recommend them more.
Client testimonial (for John Doyle)
Given the complexities that can arise when pursuing a claim against a private doctor, it is vitally important you choose a solicitor that specialises in medical negligence claims.
At Slater and Gordon, we pride ourselves on the breadth of cases we are able to investigate. We have a national medical negligence team, all of whom only practice in this area of the law. This ensures they can offer dedicated and specialist advice to guarantee you receive the rehabilitation, support, and compensation you deserve.
As well as a large team of over 85 specialist medical negligence solicitors, Slater and Gordon also employs highly experienced in-house midwives and litigation nurses to work collaboratively with those solicitors. This results in an excellent team that can be relied upon to investigate a medical negligence claim correctly and effectively.
From the very beginning, our medical negligence solicitors will guide and support you through the claims process. They will also aim to provide straight forward advice that seeks to limit both legal and medical jargon, to ensure any stress and anxiety relating to the claim is kept to a minimum.
Slater and Gordon has offices all of the United Kingdom, which ensures we are always able to offer face-to-face appointments. However, if your injuries are too severe, or travel to our offices too difficult, then we also offer home visits and online meetings.
We strive to keep our client’s needs at the front and centre of the medical negligence claims process and over the years our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot.
My husband and I have been beyond satisfied with the service and help / advice given through the claim process from Emma. After facing a traumatic experience, the team have helped in getting compensation and holding the relevant people accountable for their actions, and it cost me £0. The communication, openness and transparency through the process was really above and beyond; always willing to explain areas that we didn’t understand. Client testimonial (Emma Doughty)
We would like to say a big thank you to you personally for doing everything possible to get justice for our son. We feel very privileged to have you on our side and fighting for him, and for us. We appreciate his case is quite a complex one, but you haven't given up on us and you've been in our corner all the way. We're so grateful to you all for everything you've done and are continuing to do. Client testimonial (for Emma Doughty)
The entire process was managed in a sensitive and compassionate manner. I felt comfortable discussing personal information with staff, thanks to their open and kind nature. Thanks to John and his colleagues at Slater Gordon, my future is much more secure. I cannot that them enough or recommend them more. Client testimonial (for John Doyle)