Doctors play a vital role in healthcare and our society as a whole. They diagnose, monitor and treat conditions, as well as giving patients key advice or providing specialist expertise in certain areas. This unfortunately means that if their medical treatment slips below the expected standard, a patient could face needless harm. Our doctor negligence claim guide explores the process of claiming compensation for the effects of medical malpractice.
We provide useful guidance related to medical negligence claims throughout this guide. This includes an explanation of a claim’s eligibility criteria and the legal time limit for getting started.
As well as getting insight into the factors that affect the compensation awarded in a successful claim, the guide covers how our specialist medical negligence solicitors help claimants get the best possible settlement.
If you’re interested in getting a No Win No Fee solicitor’s help with a medical negligence claim, contact us today. By contacting us, you get free and helpful support from an advisor, plus a detailed review of your chances of claiming. This service is available around the clock, so don’t hesitate to request a call once you’ve read this guide.
Select A Section
- Can I Make A Doctor Negligence Claim?
- What Is An Example Of Doctor Negligence?
- What Evidence Can Help In A Doctor Negligence Claim?
- Can I Sue My Doctor If I Have Private Healthcare?
- How Long Do I Have To Claim For Doctor Negligence?
- Can I Claim For Medical Malpractice On Another Person’s Behalf?
- How Much Doctor Negligence Compensation Could I Receive?
- How Long Does A Medical Negligence Case Take To Settle?
- How Much Will It Cost To Make A Doctor Negligence Claim?
- Learn More About Making A Medical Negligence Case
Can I Make A Doctor Negligence Claim?
A doctor owes you a duty of care when they treat you. What this means is that they must perform their duties to the standard expected of a competent healthcare professional.
A deviation from the expected standards that leads to a patient suffering harm is known as medical negligence. You may also see it called clinical negligence, but there’s no difference between the two terms in a legal sense.
You can make a medical negligence claim if you’re able to show that:
- A medical professional owed you a duty of care.
- The duty was breached because you received treatment that fell short of the expected professional standard.
- This breach led directly to you sustaining avoidable harm.
This guide focuses on negligent treatment by a doctor, so continue reading for some examples of cases that could lead to a doctor negligence claim. Please reach out today to discuss your experience and see if you’ve got a valid claim that a specialist medical negligence solicitor could assist you with.
What Is An Example of Doctor Negligence?
The example medical negligence cases below all involve a doctor failing to provide treatment at a level that is reasonably expected of them.
- A doctor treats a patient suffering with a contagious infection, then moves on to another patient without changing their PPE. This causes the next patient to contract the infection.
- When a patient is brought in and describes their symptoms, the doctor does not listen properly. They give the wrong diagnosis as a result. The wait for a delayed diagnosis makes the existing condition worse.
- The doctor mixes up two patients and requests the wrong medication for each. This leads one patient to suffer a bad allergic reaction to the incorrect medicine they received.
As we discussed previously, your ability to make a claim for a doctor’s negligence depends on showing that negligent care led directly to unnecessary harm. Continue reading to see examples of evidence used to prove medical negligence, and call to learn if your experience entitles you to start a compensation claim.
What Evidence Can Help In A Doctor Negligence Claim?
Making a medical negligence claim is much more straightforward if you have supporting evidence to hand. While you can collect documents to help prove medical negligence during the case, and can even instruct a solicitor to help with that effort, it’s worth gathering proof as soon as possible.
For example, you could:
- Keep a diary that describes your treatment and symptoms. You could also keep a record of the doctors that treated you and what you discussed with them or other medical staff.
- Gather medical evidence. This will be very useful in highlighting the treatment you are claiming is negligent, as well as the effects you experienced after it occurred. You have a right to ask for a copy of your health records from your healthcare provider.
- Stay on top of your expenses. We cover compensation for financial loss later in this guide, so keep reading to learn why it is worthwhile to collect payslips, receipts and other documents showing your losses.
Our expert medical negligence solicitors can also be instructed to arrange a medical examination, carried out by an independent healthcare professional.
An advisor can fill you in on everything a medical negligence solicitor can do for you during a doctor negligence claim. With that in mind, please don’t hesitate to get in touch any time.
Can I Sue My Doctor If I Have Private Healthcare?
Whether your claim is against a private service, the NHS or another public medical body, your claim must meet the eligibility criteria we outline at the start of this guide.
Our clinical negligence solicitors are experienced in helping people make a claim for negligent care by a private doctor. Just get in touch to ask for a call and we can discuss how clinical negligence compensation claims work.
How Long Do I Have To Claim For Doctor Negligence?
If you’ve suffered medical negligence, it’s important to note that a legal time limit exists. It is set out by The Limitation Act 1980 and gives claimants up to three years to start their medical negligence case.
That three-year period can start from when the negligent care occurred or from when you became aware. The latter is known as the date of knowledge.
In certain cases, the courts may allow for an exception. This could happen if the claimant:
- Lacks the mental capacity to claim. In such cases, their time limit is paused indefinitely. The three-year window only reopens if they recover.
- Is a minor under the age of 18. They can only claim for themselves once they turn 18, at which point they have until their 21st birthday to start.
In either case, you could handle a claim on behalf of someone who lacks the mental capacity or is under the age of 18. Read the next section to learn more about this.
Get in touch today to discuss time limits for doctor negligence claims. Our advisors can also help you identify how long you have to get your own clinical negligence claim started.
Can I Claim For Medical Malpractice On Another Person’s Behalf?
As discussed above, you can apply or be appointed by the courts to handle a claim on someone’s behalf. A person who does this is known as a litigation friend.
Anyone can do this, as long as they:
- Are an adult.
- Do not have interests that conflict with the claimant’s.
- Can make fair decisions in the claimant’s best interests.
Litigation friends may need to carry out such duties as meeting with the claimant’s solicitor and keeping the claimant updated.
Please reach out if you’d like to know more about how to seek medical negligence compensation on behalf of someone else. An advisor can additionally explain how our panel’s No Win No Fee medical negligence solicitors are able to support litigation friends.
How Much Doctor Negligence Compensation Could I Receive?
Understandably, we’re often asked how much compensation a claimant can expect to receive if their doctor negligence claim is successful.
The answer is that every case is unique. For example, take the main head of a payout, which is called general damages. This head accounts for physical pain and mental suffering that directly result from negligent care.
Two people who experience incorrect treatment could have completely different payouts if they:
- Suffer a different injury or medical condition.
- Experience different levels of pain.
- Have differing effects on their ability to carry on with their work, hobbies and life generally.
Those working out clinical negligence compensation amounts will consider these factors. Medical evidence might be used to help with this.
A document called the Judicial College Guidelines (JCG) contains guideline compensation brackets for various forms of harm. This could be used to help work out a fair payout that reflects the severity of the claimant’s injuries or illnesses.
Compensation Table
We’ve prepared this table using JCG figures to illustrate the guideline monetary value placed on different forms of harm. However, remember that it only acts as a guide, and each claim is valued on its own merits. Please also note that the top entry is not from the JCG.
| TYPE OF HARM | LEVEL | AMOUNT |
|---|---|---|
| Multiple Cases Of Serious Harm Plus Financial Loss | Severe | Up to £500,000+ |
| Bladder | Cases Involving Double Incontinence | Up to £224,790 |
| Kidney | Complete Loss of Function and Control | Up to £171,680 |
| Brain Damage | Moderate (iii) | £52,550 to £110,720 |
| Bowels | Faecal Urgency and Passive Incontinence | In the region of £97,530 |
| Chest | Damage To Chest And Lungs With Continuing Disability | £38,210 to £66,920 |
| Impairment of Taste and Smell | Total Loss of Smell and Significant Loss of Taste | £40,150 to £47,810 |
| Arm | Less Severe Injury | £23,430 to £47,810 |
| Spleen | Loss of Spleen With Continuing Risk Of Infection | £25,380 to £32,090 |
| Illness/Damage Resulting From Non-Traumatic Injury | Serious But Short-Lived Food Poisoning | £11,640 to £23,430 |
Can I Claim If Medical Negligence Has Left Me Unable To Work?
In some cases, you can claim compensation under a second head of loss called special damages. This accounts for effects on your finances that stem from being harmed by substandard medical treatment. One example of this is a loss of earnings, where you are unable to work or lose the opportunity to take on jobs because of the harm you suffered.
Other examples are:
- Fees for current and expected future treatment.
- Travel fees.
- Charges for domestic support services.
It’s important to collect any receipts, bills or payslips that highlight these losses. You’ll need them as evidence if you want to receive compensation under the special damages head of loss.
The above examples are not the only things that could be included in your medical negligence compensation payout. Call today if you’d like to know what you can claim for and how a specialist solicitor can help you push for the best possible payout.
How Long Does A Medical Negligence Case Take To Settle?
No doctor negligence claim will be instant. Even in cases where liability is admitted at the earliest possible opportunity, both parties will need time to swap paperwork, investigate the incident and discuss a resolution.
Certain factors could lengthen the amount of time a case takes. For example, the hospital or clinic the doctor works for might not accept liability. Complex cases will also likely take longer than more straightforward ones.
The claim will take longer still if it goes to court. However, it’s worth noting that most medical negligence cases don’t need court proceedings. Furthermore, our specialist solicitors use their expertise to reduce unnecessary delays, helping the case move along as smoothly as possible.
You can learn more about the claim process by contacting us today via the number above.
How Much Will It Cost To Make A Doctor Negligence Claim?
Many people who speak to our advisors want to know what legal costs they can expect when claiming. Our panel’s solicitors make this easy by offering a Conditional Fee Agreement when they take on a case. Under this agreement, you don’t pay solicitor fees:
- Upfront.
- As the case progresses.
- At any point in the event that the claim fails.
In exchange, you get dedicated support throughout the claims process, the ability to seek legal advice and an experienced professional on your side in negotiations.
The solicitor only takes a success fee if your doctor negligence claim results in you getting compensation. Rather than you paying them, they collect a small percentage of the compensation awarded. It’s also worth noting that legislation, namely The Conditional Fee Agreements Order 2013, puts a strict limit on the percentage a solicitor can take from the payout.
Contact Us For Advice
At this point, you might want to make a claim or find out more about why many people choose to work with a solicitor from our panel. With a free initial consultation, you can have your questions answered and get a claim assessment. An advisor can even connect you with an expert solicitor if you have grounds to claim.
We don’t pressure people to claim and our claims guidance is totally free. To make the most of this service, just contact us online today.
Learn More About Making A Medical Negligence Case
Here are some other guides with using medical negligence claim guidance:
- How to make a No Win No Fee claim for misdiagnosis by healthcare practitioners.
- Learn how a solicitor from our panel of medical negligence experts can help with a hospital negligence compensation claim.
These resources also provide useful information:
- NHS Resolution, a body that helps NHS Trusts resolve claims, reveals how much it paid out in damages in its 2022/23 annual report and accounts.
- The GMC explains how to report concerns about doctors.
- The NHS Constitution for England,
We hope this guide has helped you get a better understanding of how a doctor negligence claim works. Call today to find out whether you could make a compensation claim with expert legal support from an experienced solicitor.