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When we seek medical attention, we expect to receive a certain standard of care. However, if this standard is not met and you suffer avoidable harm because of this, you may be able to claim compensation. In this guide, we explain when medical negligence claims could be made and what for.
Additionally, we explain the different types of compensation you could be awarded and how these may be calculated if you make a successful claim. Following this, we discuss why gathering evidence to support your case is important and the time limit in which you must begin the claiming process.
Furthermore, we detail how legal representation from a No Win No Fee solicitor from our panel could help you.
Please feel free to contact us at any point as you read. Our advisors are happy to answer any questions and can offer a free case assessment:
- Use the live discussion window to start a conversation.
- Call us on 0333 000 0729
- Or Contact us online.
Jump To A Part Of Our Medical Negligence Claim Guide
- Am I Eligible To Make A Medical Negligence Claim?
- Types Of Medical Negligence Cases You Can Claim For
- How Much Could A Medical Negligence Compensation Payout Be?
- How To Make A Medical Negligence Claim
- Why Choose Legal Helpline For Your Medical Negligence Claim?
- More Information
Am I Eligible To Make A Medical Negligence Claim?
All medical professionals owe a duty of care to their patients. This can include:
- Doctors
- Nurses
- GPs
- Pharmacists
- Surgeons
It also does not matter whether they work for the public or a private healthcare sector or which medical environment they work in, such as a hospital, GP surgery or pharmacy; they all still owe the same duty of care.
Per their duty of care, medical professionals must provide the correct standard of care when treating their patients. This could include ensuring that all symptoms are considered seriously, referring for further tests when needed, and prescribing the correct medication and dosage.
All medical negligence claims need to meet the following criteria in order to be deemed valid:
- A duty of care was owed to you
- A medical professional breached their duty of care
- You suffered unnecessary or avoidable harm as a result. ‘Avoidable’ refers to harm you would not have suffered had you received the correct care.
To see whether you may have valid grounds to claim compensation, you can contact one of our advisors.
Types Of Medical Negligence Cases You Can Claim For
There are various different ways that medical negligence could occur. Below, we have set out some different examples that you could potentially claim for.
Misdiagnosis And Delayed Diagnosis
A misdiagnosis is when your initial condition is misdiagnosed as the wrong condition. A delayed diagnosis is when there is a delay in diagnosing your condition, for example, if there is an unnecessarily long wait time for a test to diagnose you.
An example of when you may be able to claim for a misdiagnosis includes:
- You were misdiagnosed with irritable bowel syndrome (IBS) when it was actually stomach cancer, due to the two conditions sharing similar symptoms and the patient not being referred for further tests. This caused the cancer to progress, and you later required more aggressive treatment.
Medication Or Prescription Errors
GPs, doctors, nurses and pharmacy workers all have a responsibility to ensure the right medication is prescribed, to the correct patient, and is the correct dosage.
An example of when you may be able to claim for a medication error includes:
- Due to mislabelling, a pharmacist provides you with the incorrect medication. This causes you to suffer adverse side effects from this medication, and your original medical condition also goes untreated and worsens.
Birth Injuries
Both mothers and babies can suffer birth injuries during the birthing process if the correct procedures and care are not adhered to by the medical professionals involved, such as midwives or doctors.
An example of when a birth injury claim could be made includes:
- Forceps are used incorrectly and with too much force during birth, causing the baby to suffer skull fractures and permanent brain damage.
Failure To Monitor A Patient
When a patient is in hospital, for example, they need to be regularly monitored to ensure they don’t suffer any additional complications that could otherwise be avoided.
An example of when a claim could be made due to failure to monitor a patient includes:
- An older patient in hospital suffered an infection from bed sores. Those charged with her care failed to monitor her adequately and carry out regular movement changes to prevent pressure sores from developing.
These are all different examples of when medical negligence claims could be made. If your exact circumstances are not listed here, this does not mean you can’t claim. Contact our advisors today to discuss your case and receive a free eligibility case check.
How Much Could A Medical Negligence Compensation Payout Be?
The amount of compensation awarded in medical negligence claims will differ from case to case. This is because the unique factors of each claim will affect the amount awarded, such as:
- What harm was suffered?
- How severe was this harm?
- What is the prognosis?
- Were any financial losses suffered?
However, if you make a successful claim, you could be awarded two different heads of loss. These are general and special damages.
General damages are awarded in every successful case and compensate you for the suffering, both physical and psychological, that the medical negligence has caused you to experience.
How Payouts Are Calculated In The UK
Those involved with calculating general damages are often able to use medical evidence to guide them. Also, publications such as the Judicial College Guidelines (JCG) may be referred to as this provides a list of compensation guidelines for various types of illnesses and injuries.
We have compiled a table using excerpts from the JCG below, aside from the first entry.
Compensation Guidelines
| TYPE OF HARM | HOW SEVERE? | COMPENSATION GUIDELINES | DEFINITIONS |
|---|---|---|---|
| More than one serious type of harm and special damages | Severe | Up to £1 million plus | Instances of multiple forms of harm and special damages award for lost earnings, care provision and private medical expenses. |
| Brain damage | (A) Very severe | £344,150 up to £493,000 | The person will require full-time nursing care, and suffer with double incontinence and little language function (if any). |
| (C) Moderate (iii) | £52,550 up to £110,720 | A small of risk of epilepsy with concerntration and memory affected. | |
| Kidney | (A) Loss or serious and permanent damage | £206,730 up to £256,780 | Cases affecting both kidneys. |
| (C) Loss of one kidney | £37,550 up to £54,760 | Where one kidney is lost but remaining one is unharmed. | |
| Bowel | (A) Double incontinence | Up to £224,790 | Cases of total natural function loss in the bowel and bladder as well as other medical complications. |
| (B) Total loss of natural function | Up to £183,190 | The person is reliant on the use of a colostomy (depending on their age). | |
| Bladder | (B) Total function loss | Up to £171,680 | Cases of lost function and control. |
| (c) Serious impairment of control | £78,080 up to £97,540 | The person experiences some incontinence and ongoing pain. | |
| Psychological Harm | (c) Moderate | £7,150 up to £23,270 | Despite suffering with various issues, there will have been marked improvements. |
Special Damages And How They Relate To Your Claim
Special damages are the secondary head of loss that can form the total compensation awarded. This compensates you for the financial losses and costs you have experienced due to the medical negligence.
Documented evidence is required to prove these financial costs or losses, such as:
- Wage slips that prove you lost income because of missed work.
- Invoices for any private medical care.
- Travel tickets for transportation to medical appointments.
- Receipts for any prescriptions.
- Bank statements for any fees paid for at-home care.
To learn more about how compensation is awarded in medical negligence claims, you can contact our advisors.
How To Make A Medical Negligence Claim
There are various aspects that you should know about when medical negligence claims are being made. We have set these out below.
The Evidence You’ll Need To Support Your Case
Evidence plays a crucial role in medical negligence claims. Having sufficient evidence could help prove that a medical professional breached their duty of care, how they did this, and what harm you suffered as a result.
Examples of evidence you could gather include:
- A diary of dates and symptoms.
- Copies of your medical records detailing diagnosis and prescriptions.
- Test results and X-rays.
- The packaging of any prescriptions.
- Contact details for others who attended a medical appointment with you and witnessed your treatment.
- Photos of the visible forms of harm you suffered.
Additionally, your case may be subjected to The Bolam Test. This is when a panel of medical professionals review whether the care you received was of the correct standard or not.
How Long You Have To Claim
The Limitation Act 1980 states that all medical negligence claims must start within three years from either the date of harm or the date when realised medical negligence took place (the date of knowledge). For example, if a surgical sponge was left inside you after surgery, and you did not know this until months later and that this was causing your symptoms, your claim could be started from the date you discovered this.
Exceptions to this time limit also apply to the following:
- Minors cannot activate a medical negligence claim themselves until they become 18 years of age. From this birthday, the time limit will begin.
- A time limit does apply to those lacking the mental capacity to claim themselves. If they regain this capacity, however, the time limit will begin from this date.
A claim can be initiated at any point for these two groups by a litigation friend.
We are happy to explain time limits and the responsibilities of a litigation friend in more detail if you get in touch with our advisors.
How Long Can Medical Negligence Claims Take?
There is no set timeframe for how long medical negligence claims take to settle. The factors of each claim will affect its length, such as:
- What harm was suffered?
- Has the claimant fully recovered or not?
- Is liability being admitted or denied?
- How long it takes to gether supporting evidence.
- Does the claim need to go to court or not?
To see if you could have an eligible claim for compensation, you can contact a member of our advisory team.
Why Choose Legal Helpline For Your Medical Negligence Claim?
You’re not legally obliged to start a medical negligence claim with a solicitor, but there are many benefits to working with one. For example, a solicitor could help you with:
- Gathering evidence.
- Communicating with the defendant.
- Filing your claim within the time limit.
- Negotiating your compensation.
The solicitors on our panel can also provide their services through a Conditional Fee Agreement (CFA). This type of No Win No Fee contract usually means:
- There are no upfront solicitor’s fees to pay.
- No fees to pay for their work as the claim progresses.
- No solicitors’ fees to pay at all if the claim fails.
A percentage amount will be deducted from the compensation if the outcome of the claim is positive. This percentage is referred to as a success fee, and the law limits the amount this can be.
To see if a No Win No Fee medical negligence claims solicitor from our panel could help you, contact our advisors today:
- Use the live discussion window to start a conversation.
- Call us on 0333 000 0729
- Or contact us online.
More Information
Additional medical negligence guides by us:
- Advice on care home prescription errors and when a claim could be made.
- Information on walk-in centre negligence claims after medical treatment.
- Further advice on how to prove medical negligence to help support a claim.
External resources:
- Learn about the professional duty of candour for medical professionals registered under the General Medical Council.
- Standards and guidance for pharmacists from the General Pharmaceutical Council.
- Guidance on the NHS Constituion for England from Gov.UK.
Thank you for reading this guide on medical negligence claims.
