Did you put your trust in the hands of a medical professional, and they let you down? Have you suffered harm because of their mistake and are not sure what to do next? This is where we come in. At Public Interest Lawyers, our panel are expertly trained on medical negligence claims and are at your disposal.
Key Takeaways
- Eligibility: In order to have a valid medical negligence claim, you must be able to prove that a medical professional breached their duty of care and you were harmed as a result (negligence).
- Duty of Care: All medical professionals owe their patients a legal duty of care.
- Harm Caused: The harm you suffered must have been avoidable, for example, the worsening of your condition that was unnecessary.
- Proof of Negligence: To succeed, you must provide evidence such as your medical records.
- Types of Negligence: Claims can arise from misdiagnosis, surgical errors, birth injuries, medication mistakes, or delays in treatment.
- Time Limits: Generally, you have 3 years from the date of negligence or when you became aware of it to start a claim (with exceptions for children and those lacking mental capacity).
- Compensation – Settlements can include compensation for pain and suffering, as well as financial losses, such as medical costs, lost earnings, and future care needs.
If you have any questions you’d like answered immediately, we’re here to help. When you’ve got a minute, have a chat with us using the details below:
- Ring us on 0800 408 7825
- Contact us online
- Use the live chat feature to talk to an expert advisor in real time
Jump To A Section
- What Are Medical Negligence Claims?
- Who Can Claim Compensation For Medical Negligence?
- How Much Compensation Can Be Awarded For Medical Negligence
- How Could Medical Negligence Compensation Help?
- What Is The Medical Negligence Claims Process?
- How Is Medical Negligence Proven?
- How Long Do I Have To Claim For Medical Negligence?
- No Win No Fee Medical Negligence Claims
- Frequently Asked Questions
- More Information
What Are Medical Negligence Claims?
A medical negligence claim is a legal action taken by an individual against a medical professional or a medical institute. It is a way for a person to be awarded compensation after they have suffered harm due to the negligent actions of medical staff. Here we provide a list to show you what medical negligence claims can stem from:
- Misdiagnosis
- Delayed diagnosis
- Delayed treatment
- Incorrect treatment
- Prescription errors
- Surgical errors
It may not always be clear whether you have an eligible medical negligence claim. In fact, sometimes patients will indeed suffer harm even when a medical professional meets the regulated standard of care or even exceeds it.
To learn if you have an eligible case, call now for a free assessment.
Who Can Claim Compensation For Medical Negligence?
Those who have been avoidably harmed by a medical professional or institution being negligent can claim compensation for medical negligence. There are specific eligibility criteria that you can refer to. Don’t worry, we’ve provided this for you:
- Your healthcare professional owed you a duty of care
- They breached this duty
- You suffered avoidable or unnecessary harm because of this breach
The main message we want to get across here is that as a patient, you are legally owed a duty of care by all healthcare practitioners. Specifically, this is achieved by providing a minimum standard of care that has been vetted by professional medical bodies, such as the General Medical Council (GMC).
If a medical professional falls below the agreed standard, they may have breached their duty of care towards you, and you may have an eligible medical negligence claim.
Can Medical Negligence Claims Be Made Against The NHS?
Yes, medical negligence claims can be made against the NHS via any of its settings, whether it’s a walk-in centre or hospital trust. This is because all medical professionals, regardless of them being doctors, surgeons or chiropractors, legally owe you the correct standard of care as outlined by the relevant professional bodies.
If you wish to pursue your medical negligence claim against the NHS, you would do so through NHS Resolution. Think of this arm’s length body as a kind of insurance provider that has its own budget for paying compensation. This is particularly important for claimants to know, as none of us wants to place strain on NHS services. Therefore, with NHS Resolution having its own funding pot, you can prioritise yourself and claim with confidence.
Can I Make A Private Healthcare Medical Negligence Claim?
You can absolutely make a private healthcare medical negligence claim because negligence can happen in both public and private settings; therefore, your statutory rights still stand.
We would encourage you to lodge a formal complaint directly with the provider, using their written complaints procedure. This will help strengthen your medical negligence claim against the private institution and will also outline a timeline for your solicitor to follow.
Can I Make A Medical Negligence Claim On Behalf Of A Loved One?
Yes, you can make a medical negligence claim on behalf of a loved one, and you would do so as a litigation friend.
This role is often taken on by a loved one or someone who cares deeply for the protected party and will keep their best interests in mind. They will be responsible for making decisions as well as representing and communicating during the medical negligence claims process.
The main thing we want you to know when it comes to the litigation friend is that you can claim on behalf of the protected person while the time limit is put on hold.
We discuss specifically who the litigation friend can claim on behalf of later on in our guide on medical negligence claims.
Wrongful Death Resulting From Medical Negligence
In the devastating event that medical negligence results in a wrongful death, you may be able to claim under the Fatal Accidents Act 1976.
Fatal accident claims can be complicated, which can induce added stress while you are grieving. For more in-depth guidance on fatal accident claims and for more information on how we can support you during this difficult time, please contact our team.
How Much Compensation Can Be Awarded For Medical Negligence
The amount of compensation that can be awarded to you for your medical negligence claim will reflect the harm you have suffered, along with how you have been impacted and will continue to be financially impacted.
Notably, we can point you in the right direction by providing rough compensation brackets. Before we get to those, we would like to touch on general damages briefly. This is the first head of claim that is designed to cover the physical and psychological harm you have endured.
When your medical negligence solicitor sits down to calculate your general damages, they will look at:
- The severity of the medical harm
- Whether your quality of life has been negatively impacted
- Whether your mental health has suffered
- Whether you have had to undergo invasive procedures
- Whether you have sustained disfigurement or deformity
- Whether you will encounter pain or suffering in the future
Compensation Guidelines
Now we’ve covered general damages, we’d like to show you a table containing several compensation brackets that have been carefully sourced from the Judicial College Guidelines (JCG). The JCG is a document that contains numerous examples of harm, severity, and their corresponding suggested compensation brackets. Medical negligence solicitors will often use the JCG as a guide to help them determine compensation for their clients, and this includes your own solicitor.
We need to inform you that the first row in our table has not been selected from the JCG. Notably, we encourage you to refer to the compensation below as a guide only and not as confirmed figures to expect in your own medical negligence claim.
| HARM | SEVERITY | COMPENSATION BRACKET |
|---|---|---|
| Multiple types of harm and special damages | Severe | Up to £1 million+ where also awarded special damages for medical bills, lost earnings and other costs. |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Brain & Head | Moderate to Severe Intellectual Deficit | £183,190 to £267,340 |
| Bowels | Total Loss of Natural Function | Up to £183,190 |
| Lung | Lung Cancer Causing Severe Pain | £85,460 to £118,790 |
| Sight | Complete Loss of Sight in One Eye | £60,130 to £66,920 |
| Kidney | Loss of One Kidney | £37,550 to £54,760 |
| Arm | Less Severe | £23,430 to £47,810 |
| Scarring to Other Parts of the Body | Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 |
| Wrist | 12 Months+ Recovery | £7,420 to £12,630 |
How Could Medical Negligence Compensation Help?
Medical negligence compensation will help on two important fronts: the covering of general damages, as we’ve looked at above and special damages. Let’s take a look at special damages. This second head of claim covers any financial losses you have incurred as a result of the harm.
Has this happened to you? Has the harm you have suffered cost you money? Let us explain what types of losses special damages can cover so you can return to the financial stability you deserve.
Special damages can help you with:
- Loss of earnings, as well as any losses in the future
- Cosmetic aids, such as wigs
- Private medical treatment for things like lengthy rehabilitation programmes
- Home adjustments to adapt to mobility issues or sight impairments
- Professional care if you have suffered severe harm, such as paralysis
- Any travel costs spent on commuting to and from the hospital or your GP
One more thing, it’s important that you secure proof of these losses in order to claim them back. This can be in the form of payslips, invoices and receipts, so it’s relatively straightforward.
Need a hand getting your head around special damages? We’re only one phone call away, and we’re available 24/7.
What Is The Medical Negligence Claims Process?
The medical negligence claims process can seem a bit daunting at first, but don’t worry, we’re here with you every step of the way. Specifically, the claims process follows the Pre-Action Protocol, a set of guidelines that must be followed before commencing court proceedings. Please have a read of the guidelines below, and if you have any questions at all, reach out to our team and we’d be more than happy to help:
- Notification of Claim: Letting the defendant know that you intend to make a claim.
- Rehabilitation: Organising any medical treatment the claimant might need.
- Letter of Claim: A formal notification from the claimant to the defendant that they will be making a claim.
- Disclosing Documentation: Sharing evidence in the form of documentation on both sides.
- Expert Reports: The release of an expert report from a professional with specialist knowledge on the matter.
- Reaching a Settlement: Settling on a compensation figure suitable for the harm caused.
- Alternative Dispute Resolution: Incorporating methods such as mediation to resolve a dispute without the need for litigation.
How Is Medical Negligence Proven?
Medical negligence is proven by securing as much evidence as possible that articulates the extent of harm you have suffered and that a medical professional was at fault. Don’t worry, you don’t have to do this alone; we’re here to support you with your evidence.
At Public Interest Lawyers, our panel of solicitors are experts in gathering evidence and building strong medical negligence claims for their clients.
As an illustration, our panel could help you gather:
- Photographs of visible harm, such as infected stitches or bruising
- Prescriptions outlining the medication you have been prescribed
- Gathering witness statements from appointee chaperones or assisting surgery staff
- Test results, including MRIs, X-rays, and so on
- Medical records articulating the treatment you have received
We want you to know that you’re in safe hands with us here at Public Interest Lawyers, and our panel will assess which pieces of evidence will strengthen your claim the most. Contact our team to learn more about our support or if you have any questions about medical negligence claims.
How Long Do I Have To Claim For Medical Negligence?
You tend to have 3 years to start a claim for medical negligence from the date you suffered the harm or the date you found out. We call this the limitation period, and it’s referred to in the Limitation Act 1980.
However, this piece of legislation highlights exemptions to this time limit, which you should be aware of:
- A vulnerable adult who lacks the mental capacity to file a claim on their own. In this case, they can only claim if their capacity returns and the time limit will begin from the date of their recovery
- A minor who is too young to file a medical negligence claim. The child will have to wait until they’re 18 years old to claim, and they will have until their 21st birthday
The important thing to consider is that a litigation friend can claim on behalf of both of the above individuals for as long as the time limit is paused.
If you want to know whether your medical negligence claim falls within the legal time limit, please have a chat with us today.
No Win No Fee Medical Negligence Claims
Here’s the part we’re excited to talk to you about: Public Interest Lawyers provide a No Win No Fee funding option in the form of a Conditional Fee Agreement. Now, the advantage of this contract is that you won’t have to pay solicitors’ fees while your claim is ongoing or if it fails, and you also won’t be caught off guard by any upfront solicitors’ fees either.
Notably, a winning medical negligence claim only requires a small success fee to be paid directly out of your compensation for the work your solicitor has provided. Don’t worry, this fee is legally capped as per the Conditional Fee Agreements Order 2013.
We’re only one phone call away. Connect with our team using the contact information below:
Contact Public Interest Lawyers
- Ring us on 0800 408 7825
- Contact us online
- Text us on our live chat
Frequently Asked Questions
Will I Need To Go To Court For A Medical Negligence Claim?
It’s unlikely that your claim will end up in court. However, complex medical negligence claims that cannot be settled will require a judge’s intervention.
Will A Medical Negligence Claim Impact My Right To Treatment?
Absolutely not. Not only do you have the right to claim, but you also have the right to receive treatment whilst your claim is ongoing.
Can I Claim Whilst Still Receiving Treatment?
100% yes. Your right to receive treatment regardless of where you are in the claims process is non-negotiable.
Do I Have To Complain About Medical Negligence Before I Claim?
No, you don’t have to complain before claiming; however, it will strengthen your claim to file a complaint beforehand.
How Long Will A Medical Negligence Case Take To Settle?
Medical negligence claims can vary significantly, and so do their related timelines.
More Information
Found this guide helpful? Why not pop over to some of our other guides:
- All doctors who agree to treat you owe a duty of care. Read our guide on doctor negligence claims.
- The same principle applies to surgeons. Read our guide on how to secure surgery negligence compensation.
- Pharmacies have a responsibility to dispense medication safely and correctly. Read our guide on medication error claims.
Perhaps, there are still some blind spots. Have a look at the carefully selected external resources below:
- Have a quick read on medicine safety from the Care Quality Commission (CQC), the independent regulator of Healthcare in England.
- Read up on the duty of care nurses are expected to provide their patients from the Royal College of Nursing.
- Learn more about your rights as a claimant by reading through advice for claimants from NHS Resolution.
A big thank you from Public Interest Lawyers for taking the time to read our guide on medical negligence claims.