By Cat Stardew. Last Updated 17th July 2023. Are you looking for examples of medical negligence that you could claim compensation for? We will provide different scenarios to better understand when you might be able to make a claim.
Following an illness or injury, it is important for your health that you receive medical attention. In the hands of a healthcare professional, you can expect to receive a minimum standard of care. A medical professional should act in a way that prevents you from coming to unnecessary harm. However, if your healthcare provider fails to meet this acceptable standard, then you could experience harm that could have been avoided if you’d gotten the right level of care.
If you have been harmed due to a medical professional breaching their duty of care, you could be eligible to make a claim. Read on for examples of how much you could receive in medical negligence payouts. Also, we will provide information on how choosing to work with a No Win No Fee solicitor can benefit your case.
Additionally, you can contact our team of advisors to ask any questions. They are available to help you and won’t place you under any obligations to further your claim with our panel of solicitors.
Select A Section
- What Is Medical Negligence?
- Examples Of Medical Negligence
- Examples Of How Medical Negligence Could Cause Harm
- Evidence For A Medical Negligence Claim
- Possible Examples Of Medical Negligence Payouts
- How To Claim For Medical Negligence
Medical negligence is when a healthcare professional breaches their duty of care towards you. You may be able to claim compensation if medical negligence has caused you harm.
The harm caused by negligent medical care can vary from minor to severe and, in extreme cases, can lead to wrongful death. The amount of compensation you could claim depends upon the severity of the harm caused and the impact it has on different areas of your life.
It is important to know that the time limits laid out by the Limitation Act 1980 apply when making a medical negligence claim. This means that you generally have three years from the date of the incident or the date you learned that negligence caused or contributed to your condition.
There are some exceptions to these time limits; get in touch with our team today to see what these are. One of our advisors can provide you with examples of medical negligence and can confirm whether you’re within the time limit for claiming.
Should unnecessary harm occur because a medical professional breached their duty of care to provide a standard level of care, you could be eligible for compensation. Additionally, non-medical staff also have a duty of care when employed in medical settings.
Examples of medical negligence could include:
- Losing test results, such as blood test results. New tests may be ordered. However, the time waiting may cause a worsening of the condition.
- A receptionist failing to check if test results have arrived, which results in a worsening of the condition.
- Misreading an X-ray or scan.
- Wrong medication being prescribed.
- Allergic reactions when an allergy is known.
- Inappropriate medical advice.
- Poor patient monitoring. A negligence medical example here could be failing to check a patient’s oxygen rate after a medication is given in A&E.
Your exact situation may not be included on our list. However, if you suffered needless harm due to a breach in the duty of care owed to you, you might still have a valid claim.
Call our advisors to discuss further examples of medical negligence if you were owed a duty of care and breach caused you unnecessary harm.
Examples Of Delayed And Missed Diagnosis
It is important to note that not all cases of medical misdiagnosis are caused by negligence. For example, you might not have symptoms that are typical of the condition you’re suffering from, meaning that your doctor cannot be expected to diagnose you properly.
However, when you are misdiagnosed due to a medical professional breaching their duty of care, you could claim compensation provided that this has caused you harm.
For example, orthopaedic negligence could occur if you go to see a doctor with all the symptoms of a fractured arm. Your doctor is concerned that the bone might be broken, and sends you for an X-ray to determine if this is the case. However, the technician who performs the X-ray does so incorrectly, meaning that the fracture is not spotted and you’re misdiagnosed with a sprain.
As a result, you continue using your arm and don’t get treatment for the break, which means your condition gets worse.
Examples Of Surgical Negligence
You may need surgery for various diseases, illnesses, injuries, or cosmetic reasons. The duty of care that you’re owed is the same regardless of the reason for the operation.
If you have undergone surgery that had complications which worsened your condition or caused further harm, and this happened because a medical professional breached their duty of care, you may be eligible to claim.
A few examples of how medical negligence in surgery could occur:
- Surgery is carried out on the wrong site
- Complications with anaesthesia caused by mixing up your medical records with those of another patient
- You’re given the wrong advice post-operation because your doctor doesn’t read your file properly.
If you have suffered due to surgical negligence, please contact our advisors for more information and guidance.
Examples Of Birth Injuries
A birth injury is an injury that either a baby or their mother suffers in childbirth. This can cause both severe physical and psychological damage.
During birth, a baby may suffer complications such as having the umbilical cord wrapped around them. If this is not spotted or acted upon properly, the baby or the mother could be seriously harmed.
For more examples of medical negligence that could form the basis of a claim, speak with an advisor today.
Medical negligence can cause different types of harm. Firstly, you could suffer physical harm such as pain, damage to the body and a worsened prognosis. You could also suffer psychological harm, such as stress, anxiety and depression.
For example, if a pharmacist gives you the wrong prescription, you could have an allergic reaction to the medication. This could cause damage to your body and anxiety about taking medication again, both of which could be included in your claim.
Furthermore, treatment delays can have serious long-term impacts. For example, if a condition such as cancer is misdiagnosed, then it might progress and treatment might not be possible or may be more intensive than it otherwise would. Therefore, if medical negligence causes a delay in treatment resulting in harm, you could claim compensation.
When seeking compensation for a medical negligence claim, forming a strong case is crucial. One way of doing this is by collecting evidence. Evidence can support a number of areas of your claim, and can help you illustrate the severity of the harm you suffered, how your life will be affected, and how the medical negligence occurred.
Some examples of evidence that you could collect to help support your claim include:
- Witness statements: Keeping the contact details of potential witnesses means their statements can be taken at a later date. This could include a partner or friend who attended the appointment with you.
- Medical records: Your medical records, patient charts, and other medical documents may show the treatment you received, medications administered, and dosages. These can all be useful when making a medical negligence claim.
Your claim may also be supported by the Bolam test. In some cases, your case may be put to a panel of medical professionals trained in the relevant field. They review the actions of the medical professional involved and judge whether or not they provided the correct standard of care.
If you choose to work with a solicitor throughout the medical negligence claim process, they can help you with building your case. Contact our team of advisors today to find out more about how a solicitor from our panel could help you.
General damages and special damages are the two heads of medical negligence claims. General damages account for physical and psychological pain and suffering. On the other hand, special damages account for the financial losses caused by the injury.
As a guide to valuing how much compensation you could potentially receive for your injuries, we will use the Judicial College Guidelines (JCG), published in April 2022. Legal professionals, such as medical negligence solicitors, refer to this text to help them calculate compensation figures. The amounts are based on previously awarded compensation.
|Kidney Damage (a)||Either loss of both or serious permanent damage to both kidneys.||£169,400 to £210,400|
|Kidney Damage (c)||Loss of one kidney but there is no damage to the other one.||£30,770 to £44,880|
|Injuries to Reproductive System: Female (a)||Infertility accompanied by sexual dysfunction, pain, depression and anxiety and scarring.||£114,900 to £170,280|
|Injuries to Reproductive System: Female (c)||Infertility in a young person with no children. There will be no aggravating features or sexual dysfunction.||£56,080 to £71,350|
|Injuries to Reproductive System: Male (a)||Complete loss of reproductive organs.||In excess of £153,870|
|Injuries to Reproductive System: Male (g)||Sterility in an older person where having children was already unlikely.||£6,610 to £18,680|
|Bladder Damage (b)||Total loss of function and control.||Up to £140,660|
|Arm Injuries (d)||Simple forearm fractures.||£6,610 to £19,200|
|Wrist Injuries (d)||Fractures and soft tissue injuries that take longer than twelve months to recover.||£6,080 to £10,350|
|Wrist Injuries (e)||A Colles fracture without complications.||In the region of £7,430|
Please remember that these figures should only be used as a guide, as no two cases are the same.
Additionally, you may also be able to claim special damages. Some of the types of monetary losses that you can receive compensation for are:
- Past and future loss of earnings
- Travel expenses
- Care costs
- Housing alterations
It is imperative that you keep evidence of any financial losses caused by medical negligence. Therefore, you could keep any travel tickets, payslips and receipts to provide proof.
Our team of advisors can assess your claim and may be able to use examples of medical negligence to provide you with more information regarding how much compensation you could receive for your specific case.
Using a solicitor for a medical negligence claim is not a legal requirement. However, it is beneficial as they will be familiar with navigating legal processes. Specifically, choosing to enter into a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA), could benefit you by eliminating your financial concerns about paying expensive upfront and ongoing fees for your solicitor’s services. You also don’t have to pay for the work they have done if your claim is unsuccessful.
In the event that a claim is successful, a solicitor takes a small legally capped percentage of the awarded compensation, known as a ‘success fee’. The legal cap applied to this fee stops you from being overcharged.
Find out if you could be eligible to connect with a No Win No Fee solicitor by speaking to one of our advisors today:
Further Medical Negligence Claim Resources
More links from our website for further reading:
- I Was Harmed By GP Negligence, Could I Claim Compensation?
- Walk-In Centre Negligence – No Win No Fee Claims Guide
- Does The Bolam Test Apply To Your Claim?
External links to find out more:
- General Medical Council – Patient Guides and Materials
- NHS – Resolution Claims Management
- GOV – NHS Constitution for England
We hope this guide has provided you with informative examples of medical negligence to inform you of when you can make a claim.