01228 59 39 39
Contact@butterworths-solicitors.co.uk

Personal injury and Clinical negligence

Personal Injury and Medical Negligence
We can’t change what happened. We can change what happens next.

Personal Injury

If you have experienced a form of personal injury or medical negligence that wasn’t your fault, we understand the impact it can have on all aspects of your life. Coping with the pain, worry about loss of earnings and having to take time off work to recover can take its toll both physically and emotionally.

Some examples of the types of cases we can with are:

– Accidents at work
– Asbestos related illness
– Carpal tunnel syndrome (CTS) from use of vibrating work equipment

– Chronic pain injury
– Claims for children
– Criminal injury claims
– Cycling accidents
– Hand-arm vibration syndrome (HAVS)

– Holiday accident claims
– Injuries of life changing severity
– Product liability claims
– Road traffic accidents
– Tripping and slipping cases

Jonathan Ditchburn and Andrew Kirkpatrick have been described in The Legal 500 as “highly competent for all types of cases, right up to those of the utmost severity.”

We will fully advise you on the funding options available for your claim and in the vast majority of claims can offer to conduct the work on a “no win no fee” basis under a conditional fee agreement.

For free no-obligation initial advice and further information please contact us today.

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Medical Negligence

At some stage in our lives most people require some form of medical treatment. Generally that treatment is of great assistance. However, mistakes can occur in medical or dental treatment, just the same as in any other job or service. Sometimes the mistake makes little or no difference to the clinical outcome and sometimes, unfortunately, there are occasions when a patient can be harmed and suffer a personal injury as a result of negligent medical treatment.

Medical negligence can cover any form of treatment that you may receive from a hospital, GP or other healthcare provider, whether NHS or private. The treatment may have been in a surgery, hospital or mental health setting as well as in a patient’s home. Or it may simply have been a failure to give appropriate treatment in a timely manner.

Some examples of treatment that we have dealt with recently are:

– Failing to diagnose and/or treat pressure sores
– Wrongful extraction of teeth
– Failing to read an x-ray correctly leading to a failure to diagnose a fracture
– Delayed diagnosis of appendicitis resulting in complications
– Surgical errors
– Failing to recommend surgery for a chronic neck problem

If you have a query about clinical negligence please contact Dr Catherine Oakley or Jonathan Ditchburn for a free initial telephone assessment on 01228 59 39 39.

If your claim appears to have good prospects of success we can generally fund the claim using a “no win no fee” agreement known as a Conditional Fee Agreement.

We can also organise insurance to make sure that you do not have to pay anything if you lose your claim as well as obtaining funding to pay for medical records and reports to assess your claim.

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Personal Injury – About the team

Our APIL-accredited personal injury experts, Jonathan Ditchburn, Andrew Kirkpatrick and Dr Catherine Oakley, will guide you through the process. They have vast experience in dealing with all aspects of personal injury and medical negligence right up to the most complex serious injury cases.

Chambers Guide

Well-known Carlisle team that acts for claimants who have suffered catastrophic brain and spinal injuries. Covers the full range of cases, including litigation arising from RTAs, industrial diseases and product liability claims. Recently the team has been particularly active in accident at work claims.”

“Butterworths are very client-focused. They go to great lengths to build client relationships and understand individual concerns.”
“Andrew Kirkpatrick is held in high regard by market commentators, who highlight him as a lawyer with “a good reputation for fighting hard for claimants”. He handles a wide variety of serious personal injury claims.”

Andrew Kirkpatrick primarily focuses on catastrophic personal injury claims. “He is very knowlegable and took time to understand our concerns and issues,”

From Chambers UK 2017

Legal 500

“Jonathan Ditchburn leads the ‘high-quality’ practice at Butterworths Solicitors and regularly handles claims involving road traffic accidents, industrial accidents and occupational liability.

Andrew Kirkpatrick (‘as experienced and competitive as they come’) has substantial expertise in high-value catastrophic injury claims and cases involving brain injury. Catherine Oakley is noted for her considerable experience in industrial disease and clinical negligence mandates.”

From Legal 500 2017

Personal Injury – Contact us

Have an enquiry regarding personal injury and/or medical negligence? You can call us on 01228 59 39 39 or contact us using the form below.

Types of Personal injury claims

Personal Injury claims can come in many different forms such as – Road Traffic accidents, Criminal injury claims, Asbestos-related illness, Product liability claims, Tripping and slipping cases and Medical negligence. Injuries that occur from these can vary from minor injuries to severe or in the worst-case scenario loss of life.


Road Traffic Accidents


Road traffic accidents are common and can involve vehicles, cyclists, pedestrians and passengers in public transport vehicles.

Just being involved in a road traffic accident can be distressing enough, but when an injury occurs, this can have a prolonged effect on someone both physically and mentally. Luckily in the vast majority of road traffic accidents where a physical injury occurs only a handful result in deaths, according to the Department for Transport in 2018 there were 160,378 casualties of all severities of which 1,782 (1.11%) reported to be deaths. However, 15.89% (25,484) of all casualties were categorised as seriously injured.

If you have been seriously injured in a road traffic accident, whether you were in a vehicle, a cyclist, pedestrian or a passenger and would like some advice, you can call one of our personal injury experts on 01228 59 39 39 or use our Contact form.

Accidents at work

According to Health and safety statistics and the Labour Force Survey in 2017/18, 555,000 injuries occurred in the workplace. If you have had an injury at work, your employer had a duty of care to ensure that you were able to work safely. If your employer failed and neglected this duty and as a result, left you injured, unable to work or caused you financial loss, you may be entitled to make a personal injury claim.

Many people worry about the relationship between them and their employers if they were to make a claim; however, under employment law, you are not allowed to be dismissed for making a claim. If your personal injury claim is successful, it is unlikely that your employer would be left to foot the bill. All UK employers are required by law to take out employers liability insurance, and if your claim is successful this what would likely cover the damages.


If you would like to speak to one of our experts you can call us on 01228 59 39 39 or use our Contact form

What else we can help with – Personal Injury and Medical Negligence 

Accidents at work
Asbestos related illness
Carpal tunnel syndrome (CTS)
Chronic pain injury
Claims for children
Criminal injury claims
Cycling accidents
Dental injury claims
Hand-arm vibration syndrome (HAVS)
Holiday accident claims
Injuries of life changing severity
Medical negligence
Product liability claims
Road traffic accidents
Tripping and slipping cases
Failure to diagnose and/or treat a condition
Cosmetic treatments
Surgical errors
Private or NHS medical treatment
GP treatment

Personal Injury – Our Team