This is a guide on how to make a medical negligence claim. Patients rely on medical professionals to care for them when they are unwell. If a healthcare professional has not cared for them correctly, medical negligence may have occurred.
We discuss the eligibility criteria that medical negligence cases must meet before you can file for compensation. In addition to this, we also explore different acts of medical negligence and the consequences that could arise from them. Furthermore, we discuss what evidence may be needed to prove a claim and explain how those responsible for valuing claims evaluate medical negligence compensation.
The final section of this guide discusses how a No Win No Fee solicitor from our panel can help support a claim for clinical negligence compensation.
Continue reading to learn more about the clinical negligence claims process. Our contact options are also available 24/7 if you wish to discuss your options after suffering medical negligence:
- Call our helpline on 0161 696 9685
- Make an online enquiry to learn how to make a medical negligence claim.
- Ask us a question using our live chat widget
Select A Section
- How To Make A Medical Negligence Claim?
- Types Of Medical Negligence Claims
- Examples of Evidence You Could Use To Prove Medical Negligence
- How Much Is A Medical Negligence Claim Worth?
- How To Make A Medical Negligence Claim On A No Win No Fee Basis
- More Information On Medical Negligence Claims
How To Make A Medical Negligence Claim?
Medical negligence is when a healthcare practitioner fails to adhere to professional standards, whether through a negligent act or omission, and this results in a patient suffering harm that they wouldn’t have experienced otherwise.
In other words, medical practitioners must provide a service that meets the expected standard of care. This is the duty of care owed to all patients. If you are harmed in a way that was avoidable because a medical professional failed to provide the correct standard of care, you may be able to make a medical negligence claim.
More precisely, to be eligible to begin a claim, you must meet these criteria:
- Show you were owed a duty of care. When a medical professional or healthcare facility treats you as a patient, they instantly owe a duty of care.
- Prove how a practitioner that owed you this duty breached it by their negligent actions. For example, despite having obvious cancer symptoms, your GP did not refer you to a specialist.
- Show that harm was sustained as a result of this breach. For example, as a result of your GP not referring you for further tests, your cancer spread resulting in requiring more invasive treatment than you would have needed had the cancer been caught when you first presented to your GP with symptoms.
It’s important to know that you cannot claim compensation for all harm sustained within a medical setting if the correct standard of care is given. For example, if you suffer harm that is unavoidable (such as suffering chemotherapy side effects if this is needed to treat your illness) is not considered medical malpractice.
To learn more about how to make a medical negligence claim, contact our team. We can give you a free claims assessment.
Medical Negligence Claims Limitation Period
The time limit you have to start a clinical negligence claim is either 3 years from the date of the negligent treatment or 3 years from the date you had knowledge that substandard care caused unnecessary harm.
However, there are a couple of exceptions to this time limit. Please ask us for more information on the medical negligence claims limitation period and its exceptions.
Types Of Medical Negligence Claims
There are many ways a medical professional can breach their duty of care and cause avoidable harm. Here are some examples of medical negligence:
- Wrong site surgery – during an operation, your right leg is amputated even though you needed your left one amputated.
- Cosmetic surgery negligence – a surgeon can slip during a breast reduction procedure, puncturing an organ in the abdomen, leaving permanent scarring.
- Missed fracture – a doctor may not carry out the correct diagnostic tests and miss a fracture injury. This could cause the patient to suffer unnecessary complications.
- Misdiagnosis negligence – a specialist doctor may fail to diagnose cancer promptly, despite the patient having typical symptoms. This delays the patient’s treatment. The cancer advances in its severity as a result.
- Medication negligence – A GP may prescribe a patient the wrong medication. If the GP was aware of this allergy but prescribed the medication anyway, this could lead to an allergic reaction.
Get in touch with us and discuss how your avoidable harm occurred so we can determine whether you have a valid medical negligence claim. If you do, we can connect you to a medical negligence solicitor from our panel.
Examples of Evidence You Could Use To Prove Medical Negligence
To strengthen a medical negligence claim, evidence must show the extent of your avoidable harm and how a medical professional is liable for it.
Here are examples of evidence that can prove both of these things:
- Your medical records can show all treatments and diagnoses you have received.
- If your injury is visible, photographs to compare the before and after effects. For example, if an allergic reaction resulted in a rash, you can photograph this.
- Copies of any official written complaints against the practitioner who acted negligently as well as any responses.
- Witness statements can be collected during the claims process from anyone who saw the effect substandard care had on your overall health and well-being.
- Diary entries of your symptoms and any psychological harm.
You may be connected to our panel of specialist medical negligence solicitors by contacting us today. If a solicitor from our panel represents your clinical negligence case, they can help you gather evidence. Contact an advisor about how to make a medical negligence claim to get started today.
The Bolam Test
Your claim may also be put to a panel of relevantly trained medical professionals. This is to help determine if the correct standard of care was provided. This is known as the ‘Bolam Test’. The results of which could be useful for your medical negligence case.
Our advisors can tell you more about The Bolam Test.
How Much Is A Medical Negligence Claim Worth?
If your medical negligence claim is successful, your compensation settlement could consist of two parts. These are general and special damages.
General damages compensate you for the physical pain and psychological suffering caused by a medical professional breaching their duty of care. Some items that are considered when valuing this part of your claim include:
- Your injury’s or illness’s severity and pain factor.
- Quality of life.
- The treatment you need.
Your medical records along with the Judicial College Guidelines (JCG) could be used to help determine the worth of your general damages. The JCG lists different guideline compensation brackets for varying injuries and illnesses.
Injuries And Illness Table
The table below lists figures from the JCG that could be relevant to claims for clinical negligence. We’ve also provided a figure in the top row (not from the JCG) to show you how compensation could be awarded for multiple serious injuries and illnesses plus related expenses. Please be advised that the amount of compensation you may receive if you have an eligible and successful claim may differ from what is in this table.
| Injury | Severity | Guideline compensation bracket | Comments |
|---|---|---|---|
| Multiple illnesses and injuries of a serious nature and their special damages. | Serious | Up to £1,000,000+ | Multiple instances of very severe harm plus financial losses and costs such as lost earnings and care costs. |
| Brain Damage | Very Severe | £344,150 to £493,000 | Full time nursing care is needed due to severe cognitive and physical disabilities. |
| Kidney | Serious (a) | £206,730 to £256,780 | Where both kidneys are permanently damaged or lost. |
| Significant risk (b) | Up to £78,080 | Future possibility of a urinary tract infection. | |
| Loss of one kidney (c) | £37,550 to £54,760 | No damage to the remaining kidney. | |
| Chest | Removal of one lung (a) | £122,850 to £183,190 | Serious prolonged pain and suffering with permanent significant scarring from one lung removal and/or serious heart damage. |
| Damage to chest and lung(s) causing some continuing disability (c) | £38,210 to £66,920 | Award depends on factors such as age and effect on employment. | |
| Simple (d) | £15,370 to £21,920 | A penetrating wound leading to permanent tissue damage but no significant harm. | |
| Bowel | Serious (c) | In the region of £97,530 | Urgency and passive incontinence persist following surgery and cause embarrassment and distress. |
| Spleen | Loss of spleen (a) | £25,380 to £32,090 | Damage to immune system means there is continuing risk of internal infections. |
Claiming Special Damages
Additionally, special damages compensate you for the expenses resulting from medical negligence. However, you must have evidence to show these expenses. Otherwise, you may not receive a special damages payout as part of your settlement. Receipts, invoices, payslips, travel tickets, and bank statements can all be kept and submitted as evidence.
Here are some examples of what you could claim under special damages:
- Travel costs
- Medical costs
- Care costs
- Loss of earnings reimbursement
- Mobility equipment or home adaptation costs in the event you become disabled.
We can answer any further questions regarding how medical negligence compensation is calculated.
How To Make A Medical Negligence Claim On A No Win No Fee Basis
If you have experienced medical negligence, we have the means to help you. Don’t hesitate to get in touch with Legal Helpline to see if you are eligible to make a medical negligence claim. If your claim meets the requirements and you would like to proceed, a No Win No Fee solicitor from our panel could offer you a Conditional Fee Agreement (CFA).
Here are the primary benefits of a CFA:
- There aren’t upfront or ongoing service costs to your solicitor.
- You won’t pay any charges for work done on your case if it fails.
- Instead, your solicitor takes a success fee only if your claim succeeds.
- The success fee is capped by a legal limit, so you still receive the majority of your compensation payment.
If you want to be represented through this type of contract, get in touch with us for a free claim assessment today by:
- Calling our helpline on 0161 696 9685.
- Making an online enquiry
- Asking us how to make a medical negligence claim in our live chat widget.
More Information On Medical Negligence Claims
If you wish to claim compensation for medical negligence, these guides may be helpful.
Our guides:
- Learn how much a paramedic negligence claim could be worth.
- See if you can make an orthopaedic negligence injury claim and how your compensation could be awarded.
- Read about hospital acquired infections negligence claims and find out if you could be eligible for compensation.
External guides:
- Details about statutory sick pay, including how to claim, from the government.
- Information about cancer symptoms from the NHS.
- Guidance on the NHS Constitution from the government.
Direct any further questions about how to make a medical negligence claim to an advisor from our team.