By Cat Mulligan. Last Updated 6th October 2023. Medical negligence is a growing area of law. In this guide, we discuss some of the complexities, show whether or not you could be entitled to compensation, and explain how our panel of No Win No Fee solicitors can help with claims for medical negligence.
Medical negligence can result in severe, long-lasting consequences on both your physical and mental health as well as your finances. If you’ve suffered avoidable harm at the hands of a medical professional, you might be eligible to make a claim.
We hope that our guide will answer any questions you may have about the claims process, but if it doesn’t, our team of advisors are on hand to help. Contact our team at any time to learn more about the claims process through a free case evaluation and find out if you could be due compensation. Get in touch today:
- Call us on 0800 408 7825
- Contact us online
- Use the live chat feature
Select A Section
- What Is The Definition Of Medical Negligence?
- What Claims For Medical Negligence Can We Help With?
- Who Could I Make A Medical Negligence Claim Against?
- Are There Time Limits To Make A Medical Negligence Claim?
- How Do I Prove Negligent Medical Care Harmed Me?
- Medical Negligence Compensation Payouts
- Start Your No Win No Fee Medical Negligence Claim
- Related Articles On Claims For Medical Negligence
What Is The Definition Of Medical Negligence?
Medically trained staff owe their patients a duty of care. Therefore medical practitioners should abide by professional standards to deliver the right level of care to their patients. Medical negligence (also known as clinical negligence) occurs when a patient receives a substandard level of care and suffers avoidable harm as a result. Medical practitioners who breach their duty of care towards their patients may be liable for any preventable harm caused.
A patient can make a medical negligence claim for compensation if they are able to prove that the medical staff treating them diverted from professional standards which led to either a worsening of their condition or a totally new avoidable illness.
When a medical negligence claim is successful there are two types of damages that can be awarded. Firstly, general damages will be paid for the claimant’s pain and suffering. Additionally, if the claimant is entitled to general damages they may be able to claim special damages also. To find out if you have a valid medical negligence claim why not call our advisors? They can assess your case and if it has a strong chance of success they may offer to connect you with a medical negligence solicitor from our panel.
What Claims For Medical Negligence Can We Help With?
In order to make a claim for medical negligence, you have to be able to prove that:
- You were owed a duty of care by a medical professional.
- This duty of care was breached.
- As a result, you suffered unnecessary or avoidable harm.
All medical professionals owe their patients a duty of care. This means that the treatment they provide must meet a minimum standard. The steps that they must take can vary depending on the field they work in, but the General Medical Council (GMC) offers guidelines for doctors in their Duties of a Doctor.
With this in mind, our panel of solicitors could help you make medical negligence claims for:
- Prescription errors.
- Surgical errors.
- Misdiagnosis.
- Delayed treatment.
These are just a few examples of the kinds of claims for medical negligence that our panel of solicitors could help you with. To find out if you could be eligible to make a claim or to learn more about how a solicitor from our panel could help you, get in touch with our team of solicitors today.
Types Of Medical Negligence
What qualifies as medical negligence? Here are some examples of types of medical negligence. Please note that in order to make a claim it is not enough that medical negligence has taken place, the patient must have suffered harm that would not have otherwise come about or would not have happened in the way it did.
- Negligent misdiagnosis could occur if a doctor fails to listen to what the patient is telling them. Therefore the patient’s condition could worsen due to the wrong treatment being prescribed.
- A doctor may fail to spot the early signs of a medical condition because they do not examine the patient when needed, leading to delayed diagnosis. So the patient’s condition may worsen unnecessarily over time. This can occur with a variety of conditions, such as a lumbar fracture or different types of cancer.
- A preventable dental injury could occur if a dentist, dental nurse or oral hygenist delivers substandard care. Such as a dentist removing the wrong tooth from a patient’s mouth.
- Pressure sores are caused by lying in bed or being in a wheelchair for a long time without movement. A nurse may neglect to move a patient correctly, leading to pressure sores.
- Hospital-acquired infections are infections that are contracted in hospitals. If a nurse fails to sterilise surgical tools properly, this can lead to preventable infections.
- Medical negligence during childbirth can cause birth injuries. Birth injuries can harm the mother or the child. What’s more, some birth injuries can cause lifelong disabilities.
- Suing my doctor for negligence. To have a valid medical negligence claim against a doctor the law requires you to prove how that doctor was negligent as well as how this negligence caused you to suffer in a way that was totally preventable.
Examples Of Negligence In Surgery
Surgery is a critical time. Although you are told about complications that could arise and risks of the surgery these are completely different to injuries that arise from negligence. The following are examples of surgical negligence:
- Wrong-site surgery is when a surgeon operates on the wrong part of a patient’s body. Wrong-site surgery can be life-threatening. For example, a surgeon removes a healthy kidney and leaves the patient with the diseased one.
- A surgeon may leave a foreign body inside a patient, which means they will need another operation to remove it.
- A patient may experience anaesthesia complications if it is not administered properly.
- Negligent cosmetic surgery.
Who Could I Make A Medical Negligence Claim Against?
All medical professionals owe their patients a duty of care. A medical negligence claim can be made against the NHS or a private medical company.
Here is a list of medical professionals:
- Doctors
- Nurses
- Surgeons
- Anaesthetists
- Radiologist
- Dentists
- Dental nurses
- Oral hygienists
- Orthodontists
- GPs
Are There Time Limits To Make A Medical Negligence Claim?
You might wonder, ‘are there exceptions to the time limit for medical negligence claims?’. Under certain circumstances, the limitation period set out in the Limitation Act 1980 may be extended or suspended.
For example, you may discover at a later date that your injuries were caused as a result of medical negligence. The date you became aware of the negligence, or the date you were diagnosed by a medical professional, would be regarded as the date of knowledge and you could have three years from this point to begin a claim.
Additionally, the time limit for a medical negligence claim may be suspended or postponed if:
- The claimant is under the age of 18 when they suffered harm from medical negligence. The limitation period begins from their 18th birthday.
- The claimant does not have the mental capacity to pursue a claim. In this case, the time limit is suspended indefinitely unless they were to regain mental capacity.
A litigation friend may claim on behalf of a child or someone who lacks the mental capacity during the suspended period.
Speak to our advisors for any additional queries you may have. They are able to answer questions including, ‘is the time limit for NHS negligence claims different?’.
How Long Does A Medical Negligence Claim Take?
Every claim is different, so it can be hard to pinpoint exactly how long a medical negligence claim can take. Generally, some of the factors that can affect how long your claim will take can include:
- How severe the harm you suffered is
- How much evidence you have
- Whether or not the other party accepts liability
- Whether or not the claim goes to court
If you chose to work with a medical negligence solicitor on your claim, then they can give you a better idea of the timeline of your claim, as they will be fully briefed on the unique circumstances of your case.
To find out how a solicitor from our panel could help you, contact our team today.
How Do I Prove That Negligent Medical Care Harmed Me?
If you have decided to use a medical negligence solicitor they will have to prove the following for you to make a successful medical negligence claim.
- Firstly, it must be proven that the medical professional owed you a duty of care.
- Secondly, it must be proven that medical negligence took place.
- And thirdly, your solicitor must provide evidence that medical negligence injured you. Or medical negligence made your condition worse.
Your solicitor may use medical records, eyewitness statements and additional evidence to support your claim.
Medical Negligence Compensation Payouts
If you have suffered harm due to medical negligence at a private healthcare facility or one run by the NHS, compensation could be awarded for your pain and suffering.
Your settlement could include general and special damages when claiming compensation for hospital negligence. General damages compensate you for the harm you have suffered due to a medical practitioner breaching their duty of care.
Below, we have created a table to help you understand how much you could receive in general damages following a successful claim for medical negligence. The payouts we have listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). The JCG is a document used by various legal professionals when valuing claims. This is because the JCG lists compensation brackets for different injuries based on previous claims.
Please only use this table as a guide, as how much you could receive may differ from the amounts listed. This is because the various factors of your claim will affect how much you could receive, such as the prognosis and if you have suffered any psychological effects.
| Type of Harm | Severity | Amount |
|---|---|---|
| Kidney | (a) | £169,400 to £210,400 |
| Kidney | (c) | £30,770 to £44,880 |
| Reproductive System: Female | (a) | £114,900 to £170,280 |
| Reproductive System: Male | (a) | In excess of £153,870 |
| Bowel | (b) | Up to £150,110 |
| Bladder | (b) | Up to £140,660 |
| Lung Disease | (c) | £54,830 to £70,030 |
| Digestive System | (b)(i) | £38,430 to £52,500 |
| Asthma | (b) | £26,290 to £43,010 |
| Spleen | (a) | £20,800 to £26,290 |
Special Damages In Claims For Medical Negligence
Special damages in claims for medical negligence compensate you for the financial losses you have accrued due to being harmed by medical negligence. Some of the things that you could claim under special damages include:
- Travel expenses.
- Medical costs.
- Loss of earnings.
- Home adaptations.
Providing evidence of these losses could help support your claim, such as bank statements, payslips, and invoices.
Start Your No Win No Fee Medical Negligence Claim
You can fund the work of a solicitor by using a kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). This kind of agreement allows your solicitor to get started on your claim without requesting any upfront fees. You also won’t need to pay a fee for their work if your claim fails.
There are many benefits that can come with working with a solicitor. For example, solicitors must undergo years of training and education before they can work, and can use these years of experience to translate legal and medical jargon and guide you through the claims process.
A solicitor from our panel could help you gather evidence to support your claim. For example, they could arrange for you to undergo an independent medical assessment. Likewise, they can talk to witnesses and take their statements.
Another benefit of working with a solicitor is that they can make the process feel less stressful by communicating with the other party on your behalf, and negotiating a compensation settlement.
To find out if a solicitor from our panel could help you make your claim:
- Call us on 0800 408 7825
- Contact us online
- Use the live chat feature
Lawyers Near Me – Do I Need To Stay Local?
Specialist medical negligence solicitors have experience with medical negligence cases in the UK and could potentially help you claim. You may be wondering, ‘Do I need to use lawyers near me?’.
Although you could use a local lawyer, you do not have to. Due to technology, many claims can be handled online. A solicitor based anywhere in the country could potentially help you.
An experienced medical negligence solicitor from our panel could help you with your claim. They have experience handling various medical negligence cases; some examples include:
- Medication error claims.
- Misdiagnosis claims.
- Retained foreign object claims.
Contact our advisors today for more information about starting a claim. Additionally, they could inform you of the medical negligence time limit in the UK to start a claim.
Related Articles On Claims For Medical Negligence
We appreciate you taking the time to read our medical negligence compensation guide. Please feel free to read these guides to learn more about making a medical negligence claim:
- Do I need to work with medical negligence solicitors near me? If you’re looking for advice on which solicitor to use, this guide offers crucial advice on finding legal representation and how a lawyer can help you claim.
- Sepsis claims
- Claim compensation for being starved of oxygen at birth
- How much money can you get for medical negligence?
- If you’ve suffered a misdiagnosis of testicular cancer, you could be entitled to claim compensation under medical negligence law.
- To learn about claiming compensation for a broken bone suffered during childbirth, head here. You can find out about the claims process and potential compensation payouts for birth injury claims
- If you or a loved one have suffered harm as a result of a leukaemia misdiagnosis, you could be entitled to make a clinical negligence claim. This guide explains the process and what evidence you may need.
For more advice on claims for medical negligence, please get in touch.