In this guide, we’ll be discussing medical negligence claims. According to NHSResolution, 13,511 clinical negligence claims and reported incidences were made against the NHS in the year 2022/23. But what is medical negligence, and when could you be eligible for compensation?
We’ll explain when and how you could make a claim, alongside the different kinds of medical negligence. Our guide will also cover some commonly asked questions by providing information on time limits, compensation, and whether or not there’s a difference between NHS medical negligence claims and private healthcare claims.
We’ll also discuss patient recall letters, and the different steps involved in the medical negligence claims process. Following this, we’ll also discuss the benefits of making a claim with the help of a No Win No Fee medical negligence solicitor.
Keep reading to learn more, or get in touch with our team today to talk to one of our friendly advisors by:
- Calling us on 0800 408 7825
- Using the live chat feature
- Contacting us online
Browse Our Guide
- What Is Medical Negligence?
- What Are Medical Negligence Claims?
- What Types Of Medical Negligence Could Lead To A Compensation Claim?
- How Do I Claim For Medical Negligence?
- What Does A Medical Negligence Solicitor Have To Prove In A Claim?
- What Is A Patient Recall Letter?
- Can I Sue The NHS For Negligent Medical Treatment?
- Can I Claim Against A Private Hospital For Medical Negligence?
- What Is The Medical Negligence Compensation Claims Process?
- Is There A Time Limit For Medical Negligence Claims?
- Am I Able To Claim Compensation On Behalf Of A Loved One?
- How Much Medical Negligence Compensation Could I Receive?
- How Long Does It Take To Get An Offer From A Compensation Claim?
- How Can We Help You Claim For Medical Negligence?
- More Resources About Medical Negligence Claims
What Is Medical Negligence?
For the purposes of a claim, medical negligence occurs when:
- You are owed a duty of care
- This duty is breached
- You suffer unnecessary harm as a result
Every medical professional owes their patients a duty of care. This means that the care they provide needs to meet a minimum standard, and they must avoid causing unnecessary harm.
There are different steps expected of different medical professionals, depending on their role. For example, the General Medical Council provides the steps that doctors are expected to take, and the Nursing and Midwifery Council does the same for midwives.
To find out if you could be eligible to make a No Win No Fee medical negligence claim, get in touch with our team of advisors today.
What Are Medical Negligence Claims?
If you suffered unnecessary harm because a medical professional failed to uphold their duty of care, you may be able to make a medical negligence claim. By proving that medical negligence occurred, you can potentially claim compensation.
To find out if one of the medical negligence solicitors from our panel could help you through the medical negligence claims process, get in touch today.
What Types Of Medical Negligence Could Lead To A Compensation Claim?
Some common kinds of medical negligence can include:
- Birth injuries, such as being starved of oxygen
- Failed sterilisation
- Unnecessary surgery or wrong-site surgery, such as a wrongful amputation
- Prescription errors, such as being prescribed the wrong medication
- Misdiagnosis, such as misdiagnosed leukaemia or misdiagnosed sepsis
- Delayed treatment
- Never-events, such as a foreign body being left in a surgical site
To get more information on what can lead to medical negligence claims, contact our team today.
How Do I Claim For Medical Negligence?
The first thing we recommend that you do is seek legal advice. When you get in touch with our team, they can evaluate your medical negligence claim for free, and tell you whether or not you could get compensation.
If you do, then they can connect you with one of the specialist medical negligence solicitors from our panel. Working with a solicitor can make the claims process feel less stressful, and seem less complex.
Contact our team today to find out if a solicitor from our panel could help you.
What Does A Medical Negligence Solicitor Have To Prove In A Claim?
In order to form the basis of a valid claim, you need to have evidence that proves:
- Medical negligence occurred
- The severity of the harm you suffered
- How long it will take you to recover
- If it made an existing condition worse
- How it will affect your life going forwards
- Whether it caused financial losses
For some medical negligence claims, the Bolam test is used. This means a panel of medical experts will assess the actions of the professional who treated you and form an official review that decides whether their actions were negligent.
One of the benefits of working with medical negligence solicitors on your claim is that they can help you gather evidence.
What Is A Patient Recall Letter?
A patient recall letter is a letter sent by a hospital or GP to a current or former patient to advise them that there may have been a problem with their examination, treatment, or diagnosis and to ask them to come back and be checked over.
Receiving a patient recall letter does not immediately mean you can make a claim. Contact our team today to learn more.
Can I Sue The NHS For Negligent Medical Treatment?
The NHS is an important and high-quality public body, but they aren’t infallible. If you have been harmed as a result of negligent medical treatment, then you have the right to claim compensation.
Contact our team on 0800 408 7825 to learn more about when you could make a claim.
Can I Claim Against A Private Hospital For Medical Negligence?
Just like the NHS, if a private healthcare provider didn’t provide care up to the necessary standard and you were harmed as a result, you may be able to make a claim.
To learn more about making medical negligence claims against private healthcare providers, contact us today.
What Is The Medical Negligence Compensation Claims Process?
Some of the steps involved in the medical negligence claims process can include:
- Completing the Pre-Action Protocol
- Collecting evidence
- Undergoing an independent medical assessment
- Negotiating a settlement
If this sounds complex, it doesn’t have to be. If you choose to work with a solicitor, they can handle the Pre-Action Protocol, help you collect evidence, and negotiate your settlement.
Is There A Time Limit For Medical Negligence Claims?
Yes, you need to start your claim within the relevant time limit. According to the Limitation Act 1980, this is three years for medical negligence claims. This can either start from the date of the negligence or the date you connected the harm you underwent with negligence.
The time limit is different for those who are under the age of eighteen, and those who lack the mental capacity to make their own claim. A minor cannot pursue their own medical negligence claim until they reach the age of adulthood. Those with reduced mental capacity can only make their own claim if they recover. In both cases, the three-year time limit does not apply until they are eligible to make their own claims.
To find out if you are within the three-year time limit, or to learn more about time limits in medical negligence claims, contact us today.
Am I Able To Claim Compensation On Behalf Of A Loved One?
Yes, under some circumstances, you can make a medical negligence claim on behalf of someone else.
As discussed above, minors and those with reduced mental capacity cannot pursue their own claims. However, a litigation friend can make a claim on behalf of those who can’t claim for themselves; for example, a mother could act as their child’s litigation friend, since under eighteen cannot make their own claim. Or, a spouse could act as a litigation if their husband or wife was comatose.
As a litigation friend, you need to:
- Act in the claimant’s best interests
- Take all possible steps to keep them informed and consider their thoughts and feelings
- Communicate with their solicitor
Get in touch with our team today to learn more about claiming compensation for medical negligence on behalf of a loved one.
How Much Medical Negligence Compensation Could I Receive?
How much compensation you could receive is dependent on the severity of the harm you’ve suffered and how it’ll affect your life going forward, but it also depends on the amount of evidence you have.
If your medical negligence claim succeeds, then you’ll receive general damages. This is compensation aimed towards the harm you endured and is calculated with help from the Judicial College Guidelines (JCG). This is a document that provides guideline compensation amounts for different injuries and illnesses.
You can find some examples of JCG guideline compensation brackets below. Please note that these amounts aren’t fixed, and that the first entry hasn’t been taken from the JCG.
JCG Compensation Brackets
| Harm | Compensation Bracket |
|---|---|
| Multiple Instances Of Severe Harm + Special Damages, e.g Lost Earnings | Up to £1,000,00+ |
| Very Severe Brain Damage (a) | £344,150 to £493,000 |
| Moderate Brain Damage (c) (i) | £183,190 to £267,340 |
| Total Blindness (b) | In the region of £327,940 |
| Bowel Injuries (a) | Up to £244,790 |
| Kidney Injuries (a) | £206,730 to £256,780 |
| Kidney Injuries (c) | £37,550 to £54,760 |
| Epilepsy (a) | £124,470 to £183,190 |
| Total Deafness (b) | £110,750 to £133,810 |
| Total Loss Of Taste And Smell (a) | In the region of £47,810 |
Can I Claim Compensation For Financial Losses?
Yes, you can also claim compensation for financial losses under special damages.
This can help you cover the cost of expenses like:
- Lost earnings
- Medical bills
- Prescriptions
- Mobility aids
- Home adjustments
- Travel costs
- Prosthetics
- Counselling
To find out if one of the expert medical negligence solicitors from our panel could help you make a clinical negligence claim, contact our team today.
How Long Does It Take To Get An Offer From A Compensation Claim?
Because all medical negligence cases are different, it’s impossible to tell how long it will take to receive an offer.
The following factors can affect how long it takes to get an offer:
- The severity of the harm you suffered
- Whether or not liability is accepted
- Whether the case goes to court
- Recovery time
- The amount of evidence
If you choose to work with medical negligence solicitors on your claim, they can help you negotiate a settlement. Get in touch today to find out if one of the medical negligence solicitors from our panel could help you.
How Can We Help You Claim For Medical Negligence?
Here at Public Interest Lawyers, we can assess any medical negligence claim for free. Our advisors can tell you if you are eligible to seek compensation. If you have a valid claim, we can connect you with a specialist medical negligence solicitor, who can help you:
- Prove medical negligence occurred
- Ensure your claim is filed on time
- Arrange an independent medical assessment
- Negotiate a settlement
- Communicate with the other party
- Explain legal jargon
One of the benefits of working with one of the medical negligence solicitors on our panel, they can handle your claim on a No Win No Fee basis. This means that, while working under the terms of a Conditional Fee Agreement:
- You don’t pay anything upfront for their work
- You don’t pay ongoing costs for their services
- If the claim fails, you don’t pay for their work
If the claim succeeds, then they will take a small percentage of your compensation as their success fee.
To find out if you could make a No Win No Fee medical negligence claim with the help of a solicitor from our panel, contact our team today.
Contact Us For Free To See If You Can Make A Medical Negligence Claim
To start your free evaluation, contact our team today. They can answer any questions you might have about the medical negligence claims process and can tell you whether or not you have a valid clinic negligence claim. If they find that your claim is valid, then they may connect you with a solicitor from our panel.
To get started:
- Calling us on 0800 408 7825
- Using the live chat feature
- Contacting us online
More Resources About Medical Negligence Claims
To learn more:
- Read our overdose case study guide
- Find out about claiming for testicular cancer misdiagnosis
- Get help making a medical negligence claim in Scotland
Or, for more resources:
- Learn when to call 999
- Get help from the Care Quality Commission (CQC)
- NHS advice for claimants
Thank you for reading our guide on medical negligence claims.