Your Guide to our Medical Negligence Services

Your Guide to our
Medical Negligence Services
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WHY CHOOSE US?
At Taylor Rose, our dedicated
Medical Negligence team has extensive
experience handling a wide range of
complex medical claims, many of which
we handle on a no win, no fee basis.
We understand how distressing these
claims can be, and we pride ourselves
on approaching each one with care,
compassion, and sensitivity.
Our experienced lawyers are supported
by a strong network of resources and
expert connections.
Many of our team are accredited by
AvMA (Action Against Medical Accidents),
the charity for patient safety and justice
or the Law Society’s specialist medical
negligence panel.
We’ll be by your side throughout the
process, offering clear, honest advice and
ongoing support to help you achieve the
best possible outcome for your future.
To find out more about how we can
support you, take a look at our brochure
or speak directly with one of our trusted
lawyers today.

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MAKING A MEDICAL
NEGLIGENCE CLAIM
To succeed in a claim for medical negligence,
you must satisfy three key legal tests.
Duty of Care - The first step is to show that
the healthcare professional owed you a
duty of care, which is usually assumed if you
received treatment in a medical setting.
Breach of Duty – We then need to show
that the healthcare professional did not
meet the standard of care that a reasonably
skilled and competent professional in their
field would have provided.
Causation - Even if you can prove that there
was a breach of duty, it is not enough to
establish medical negligence unless you can
also prove causation. This means showing
that the breach of duty directly caused the
harm or injury you suffered.
These form the foundation of any successful
claim in England and Wales.
OUR SERVICES
Birth Injuries
Spinal Injuries
Orthopaedic Injury
and Amputation Claims
Delays in diagnosis
and Misdiagnosis
Fatal Negligence
We have extensive experience
handling all types of medical
negligence claims not just
those listed above.

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BIRTH INJURIES
The birth of a child is meant to be a
joyous occasion, but unmanaged and/
or unrecognised complications during
pregnancy, labour or delivery can
sometimes result in serious injuries to the
mother, the baby or both.
Although Cerebral Palsy is the most
common birth injury claim that our team
deal with, we also have experience with
other types of birth injuries such as Erb’s
Palsy, Kernicterus, Group B Streptococcal
infection, shoulder dystocia, wrongful
birth, stillbirth and neonatal loss/injury, as
well as surgical errors during birth.
Our team has supported many families
through successful cases where a birth
injury has resulted in Cerebral Palsy.
We pride ourselves on securing the
maximum possible compensation to
ensure that there is lifelong provision for
rehabilitation, care, therapies, suitable
accommodation and education support
to help the child live the most fulfilling life
that they can.
At Taylor Rose, we understand how
overwhelming it can be to navigate the
complexities of a birth injury claim whilst
caring for a child with severe disabilities,
especially if you have also been injured
yourself. Our compassionate and
experienced team is here to support you
by providing personalised guidance to
ensure you secure the compensation your
family deserves.
Legal Aid Funding is available in
certain cases where a child has
suffered a brain injury due to medical
negligence during pregnancy, birth or
in the first eight weeks of life.

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SPINAL INJURIES
A spinal injury can change your life in many
ways, often affecting your ability to move,
your independence, and your overall
wellbeing. When such an injury occurs
because of medical mistakes, it can feel even
more overwhelming and distressing.
These types of claims arise when medical
care falls below the expected standard,
leading to a spinal injury or making an
existing condition worse. This can happen
in different situations, such as during
surgery, childbirth or when there is a delay in
diagnosing a spinal problem. Some common
examples include:
• Missed or delayed diagnosis: Conditions
like spinal fractures, cauda equina
syndrome, or spinal infections that aren’t
identified or treated in a timely manner.
• Surgical mistakes: Errors during spinal
surgery that may cause nerve damage or
other complications.
• Emergency care failures: Delays or
mistakes in treating spinal injuries,
especially after accidents or trauma.
• Anaesthetic errors: Injuries caused
by problems with epidural or spinal
anaesthesia.
We understand just how deeply these
injuries can affect you and your family.
We’re here to listen, support you, and
help you get the answers, care, and
compensation you deserve.

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ORTHOPAEDIC INJURY AND
AMPUTATION CLAIMS
Orthopaedic injuries can have a serious
impact on your life, often requiring
long-term rehabilitation and changes
to your everyday routine.
These types of claims arise when errors
in medical care cause harm to the bones,
joints or muscles in your limbs. In some
cases, this can even lead to amputation -
where a limb is unnecessarily lost because
of poor treatment. Some common
examples of medical negligence include:
• Delayed diagnosis: When fractures,
infections, management of diabetes or
conditions like compartment syndrome
aren’t identified or treated quickly
enough.
• Surgical mistakes: Errors during
orthopaedic surgery, such as incorrect
placement of implants or damage to
nearby tissues.
• Poor management of fractures or
injuries: Not properly treating or
immobilising injuries, which can lead to
further complications.
• Failure to diagnose or treat infections:
Conditions like sepsis or bone infections
(osteomyelitis) that are left untreated and
may result in avoidable amputations.
• Inadequate post-surgical care:
Complications such as infections or blood
clots caused by poor aftercare.
In cases involving amputation, the effects can
be especially devastating - impacting your
ability to move, your independence, your
ability to work and your emotional wellbeing.
We understand how overwhelming and
life-changing these injuries can be. Our
experienced and compassionate team is
here to listen and help you get the support,
answers, and compensation you’re entitled
to, so you can focus on rebuilding your life.
We’ll look at the details of your
potential claim and offer free
advice on your chances of success.
We’ll also explore whether a
‘no win, no fee’ agreement or
another funding option would suit
you best.

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DELAYS IN DIAGNOSIS AND
MISDIAGNOSIS
We understand how a missed, delayed or
incorrect diagnosis can affect everything
that follows - from the treatment you
receive (if any) to your long-term health and
wellbeing. In some cases, a misdiagnosis can
even lead to the wrong treatment, which
may make the situation worse.
A delayed diagnosis can happen for different
reasons. Sometimes, it’s because a condition
is difficult to identify or the symptoms aren’t
typical. However, in other cases, delays are
caused by medical negligence, such as:
• A GP or healthcare professional may fail
to act on symptoms or refer for further
investigation promptly.
• Misinterpretation of diagnostic tests like
X-rays, scans, biopsies or blood tests.
• Delays in organising or accessing
necessary diagnostic procedures leading
to a late diagnosis.
• Inadequate follow-up after initial
consultations or tests or misdiagnosis of
your initial condition.
• Sometimes it can simply be as a result
of an administrative error which then
negatively impacts your treatment
and wellbeing.
Our team is here to guide you through the
process of making a successful claim. We’ll
help explain what needs to be proven -
specifically, that the delay in diagnosis or
misdiagnosis led to a worse outcome than if
you had received the correct diagnosis and
treatment sooner.

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FATAL NEGLIGENCE
Losing a loved one is devastating, and
it is even more heartbreaking when
their death has been caused by medical
negligence. Fatal negligence claims arise
in situations where someone passes away
because of a mistake or poor standards of
medical care - situations no family should
ever have to experience. These claims can
involve cases, such as:
• Failure to diagnose: Missing or delaying
the diagnosis of a life-threatening
condition, such as cancer, sepsis or
heart disease.
• Surgical errors: Mistakes during surgery
that result in fatal complications.
• Medication errors: Prescribing
incorrect drugs or dosages with fatal
consequences.
• Negligence during childbirth: Resulting
in the death of a mother or baby.
• Inadequate emergency care: Failing to
provide prompt and effective treatment
in critical situations.
In these cases, families may be entitled to
make a claim for compensation to address
the financial impact the loss of their loved
one has had on them.

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Who Can Make a Fatal Claim?
We understand that, during such a difficult
time, it can be confusing to know who
is able to make a fatal negligence claim.
Usually, it is the Personal Representatives
of the deceased’s Estate that has to make
the claim. However, a claim can be made
on behalf of certain people including:
• The deceased’s spouse, civil partner, or
long-term partner who lived with them.
• Their children, including stepchildren.
• Parents or other close relatives who
were financially dependent on them.
We know that no family should ever have
to endure this kind of heartbreak, and
there are no words that can truly ease
such a loss. If you’re unsure whether you
can make a claim, we’re here to offer kind,
straightforward guidance, with care and
understanding so you can explore your
options without added stress. Above all,
our compassionate team is here to listen,
support you, and help you seek answers,
accountability, and the justice your loved
one deserves.
Our team is here to support and
represent bereaved families at
inquests, especially where there are
concerns that medical negligence
may have played a part.

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GLOSSARY
Inquest
An inquest is a fact-finding inquiry
to work out who the deceased was,
where, when and how they died. They
are not trials and are not intended to
establish blame.
Personal Representative
A person or people who are legally
entitled to administer the Estate of the
person who has died. They are either
appointed in the deceased’s Will, or
they can apply if the deceased did not
leave a Will.

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MEET THE TEAM
JACQUI HAYAT
PARTNER & HEAD OF
MEDICAL NEGLIGENCE
ANDREW BENTHAM
PARTNER & DEPUTY
HEAD OF MEDICAL
NEGLIGENCE
Jacqui is a highly respected Medical
Negligence specialist with over 30 years’
experience. As a leader in her field,
she has secured multi-million-pound
settlements for clients affected by serious
negligence. Jacqui combines sensitivity
with determined representation to
achieve the best possible outcomes
for clients nationwide in complex,
high-value claims.
Andrew has over 15 years’ experience
representing clients in complex and
high-value medical negligence claims. As
an AvMA panel member, he has secured
substantial settlements across a wide range
of cases, including catastrophic injuries and
fatal claims. Known for his compassionate
and supportive approach, Andrew provides
clear, pragmatic guidance throughout to
his clients.
T: 020 3551 8381
E: jacqui.hayat@taylor-rose.co.uk
Scan the QR code to
view Jacqui’s profile
T: 020 3551 8108
E: andrew.bentham@taylor-rose.co.uk
Scan the QR code to
view Andrew’s profile
CONTACT US
By telephone
020 3540 4444
By email
referrals@taylor-rose.co.uk

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At Taylor Rose, we’re here to support you with a
full range of legal services, tailored to your needs.
If you would like more information or you’d like to
instruct us, please get in touch.
By telephone
020 3540 4444
By email
info@taylor-rose.co.uk
Visit our website
taylor-rose.co.uk
The information provided in this brochure is for general informational purposes only and
does not constitute legal advice. While we strive to ensure accuracy, laws and regulations
may change, and individual circumstances vary. We strongly recommend consulting with a
qualified legal professional before making any decisions related to your legal matters.
‘Taylor Rose’, ‘Taylor Rose MW’, ‘Taylor Rose TTKW’, ‘McMillan Williams’ and ‘MW Solicitors’
are trading names of Taylor Rose Limited. Taylor Rose Limited is authorised and regulated by
the Solicitors Regulation Authority, SRA No. 623604, and is a company registered in England
& Wales, Company No. 09673088. Registered office: 69 Carter Lane, London EC4V 5EQ.