This country is renowned for its efficient healthcare system, but there are times when things do and can go wrong. In this guide to making a medical negligence claim, we examine how negligent medical care can cause avoidable harm.
We’ll start by looking at the eligibility criteria for making a valid clinical or medical negligence claim, how to make such a case, and how long you have to start proceedings. Not everyone is able to make a claim for themselves, so we illustrate instances of how you could make a medical negligence claim on someone else’s behalf.
The majority of patients in the UK are treated by the NHS. However, we also explain how it may be possible to make a medical negligence claim against a private healthcare provider. Additionally, we will explore how medical negligence compensation is calculated to cover not only the harm caused, but also any financial losses that you sustain.
Our expert solicitors offer professional guidance on a No Win No Fee basis. Learn how this agreement works in our guide’s final section. Additionally, you can call us or get in touch online to ask anything you like about medical negligence claims.
For a free consultation, including an evaluation of your potential claim, either:
- Ask about your claim online with our web form.
Browse Our Guide
- What Is A Medical Negligence Claim?
- How Do I Make A Medical Negligence Claim?
- What Is The Time Limit For A Medical Negligence Case?
- Can I Make A Compensation Claim On Someone Else’s Behalf?
- Can I Claim Medical Negligence Compensation If I Was Treated By A Private Hospital?
- What Is A Patient Recall Letter?
- How Much Medical Negligence Compensation Might I Be Entitled To?
- What Are No Win No Fee Medical Negligence Solicitors?
- Read More On Making A Medical Negligence Compensation Claim
What Is A Medical Negligence Claim?
A medical professional, such as a doctor or nurse practitioner, has a duty to ensure their care meets the correct standard. Mistakes can happen, but they come to be considered medical negligence if medical professionals fail to maintain the right standard and the lapse causes a patient to experience needless harm.
You can make a medical negligence claim – which you might also see being called a clinical negligence claim – if you satisfy the following criteria:
- A medical professional or institute owed you a duty of care.
- The care and treatment they gave did not meet the correct standard, therefore breaching their duty.
- You suffered avoidable harm because of this negligent treatment.
Our solicitors handle many different medical negligence cases. Below, we take a closer look at three regularly seen types of medical negligence claims that could occur.
Misdiagnosis Claims
Diagnosis is an important part of the treatment process as it identifies the medical condition a person is suffering. This allows medical professionals to decide on the appropriate course of action. Substandard care resulting in a wrong, missed or delayed diagnosis could lead to significant issues.
For example, a GP dismisses a patient without fully listening to their symptoms. The patient, who was suffering from an infection, goes on to suffer sepsis due to the lack of treatment.
Birth Injury Cases
Both mother and baby are at potential risk of a needless birth injury if medical staff involved in the delivery apply negligently incorrect treatment.
A baby delivered with excessive force during a forceps delivery could be left with brain damage or cerebral palsy. As another example, a mother could suffer a severe haemorrhage due to a retained placenta. Birth injuries affecting either because of negligent care could lead to a medical negligence claim.
Medication Error Compensation Claims
Medicine is a significant part of treating medical conditions, so a medication error may prevent a patient from getting the help they need. If a patient is negligently given the wrong medication, it could bring about significant and unnecessary complications.
For example, if a hospital nurse mixed up one patient’s medication with another’s, and the patient was allergic to what they were given, they could suffer an adverse allergic reaction.
However you experienced medical negligence, our specialist medical negligence solicitors may be able to help. Call today to talk about your case and get a free claim evaluation.
How Do I Make A Medical Negligence Claim?
To make a medical negligence claim, you must prove medical negligence and the extent to which you were affected. Relevant evidence includes:
- Your medical records. You can ask your healthcare provider to provide a copy of your medical history.
- A diary that tracks your treatment, each healthcare professional that treated you, and the extent of your pain and suffering.
- Contact details for any witnesses to an incident.
- Documents showing any expenses stemming from your harm. Continue reading to find out how this could help you secure financial compensation.
You may find it more straightforward to make a compensation claim with the help of a medical negligence solicitor. Our solicitors can be instructed to help collect evidence and arrange an independent assessment of the harm you suffered.
Learn more by calling or getting in touch with our advisors online.
What Is The Time Limit For A Medical Negligence Case?
Due to a time limit set out by The Limitation Act 1980, you have three years to begin a medical negligence claim. The starting point for this three-year limit is typically either:
- When the negligent treatment took place.
- The date you discovered that the harm you experienced was avoidable and caused by medical malpractice.
However, for someone who was under 18 years old when they suffered medical negligence, the three-year window starts on their 18th birthday.
The limit is suspended indefinitely if the affected person doesn’t possess the mental capacity needed to take legal action. This person gets three years to claim for medical negligence from their recovery date, if there is one.
There is an alternative option for people whose time limits are paused, as you can learn more about in the next section.
Can I Make A Compensation Claim On Someone Else’s Behalf?
If someone isn’t capable of claiming, you can apply to be their litigation friend, which means you handle the claim process on that person’s behalf. You don’t have to do this alone as a litigation friend can still seek support from our expert clinical negligence solicitors.
As the litigation friend, you would have to make decisions in the claimant’s best interests and keep them updated throughout the process.
Our advisors can provide further advice on being a litigation friend if you call us for a free consultation.
Can I Claim Medical Negligence Compensation If I Was Treated By A Private Hospital?
It does not matter whether you went to a public or a private healthcare provider. In each case, you can make a medical negligence claim if you meet the criteria we discussed previously.
The only potential difference between each type of medical body is that an insurance provider could handle a private provider’s side of the claim, while many NHS claims are handled by a body called NHS Resolution. Our experienced medical negligence solicitors have plenty of practice in working on both public and private claims.
What Is A Patient Recall Letter?
A patient recall letter is sent by a healthcare provider to a patient they have treated previously. It typically explains that there was an issue with their treatment and asks them to come back in.
It does not necessarily confirm that negligence occurred. However, it can play a part in proving negligence alongside other evidence.
How Much Medical Negligence Compensation Might I Be Entitled To?
Understandably, you might like to know how much compensation you could get when you make a medical negligence compensation claim. The reality is that it depends on the specifics of your case. For example, you might qualify for a payment under two heads of loss:
- General damages, which are present in all medical negligence payouts.
- Special damages, which do not always appear.
Special damages account for the financial impact of negligence. For example, you might experience lost income from being unable to work. You may also face the cost of buying medical equipment or paying for necessary treatment. A special damages payment can help with these losses. In some cases, the amount paid out is even greater than the general damages portion.
General damages always feature because they account for the claimant’s avoidable harm, which must be present in any successful claim. Medical evidence can help those calculating your payout, as can the Judicial College Guidelines (JCG). The compensation brackets in this document can provide some insight into what a payment for different types of harm could look like.
Because of that, JCG figures are present in all lines of the table below, except for the top one. Just bear in mind that they are a general guide. You could get a more tailored review of your potential compensation by calling our free helpline today.
| Harm Type | Severity | Compensation | Notes |
|---|---|---|---|
| Avoidable Harm (Numerous) Plus Special Damages | Severe | Up to £1,000,000+ | Compensation addressing multiple forms of serious harm, as well as financial damage |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | Causes very serious disability and substantial dependence on others. |
| Brain Damage | Moderate (i) | £183,190 to £267,340 | Cases of moderate to severe deficit in intellect. |
| Kidney | Loss of Kidneys | £206,730 to £256,780 | Both kidneys are seriously damaged, if not lost. |
| Hip | Severe (i) | £95,680 to £159,770 | Extensive pelvic fractures or a hip injury leading to intolerable pain. |
| Kidney | Loss of One Kidney | £37,550 to £54,760 | The other is not damaged. |
| Bladder | Complete Loss of Function | Up to £171,680 | Complete loss of function and control. |
| Bowels | Faecal Urgency | In the region of £97,530 | Also includes passive incontinence occurring post-surgery. |
| Injuries Affecting The Senses | Impairment of Taste and Smell | £40,150 to £47,810 | Total loss of smell, plus significant loss of taste |
| Spleen | Loss of Spleen | £25,380 to £32,090 | There is an ongoing risk of internal infection and disorders. |
What Are No Win No Fee Medical Negligence Solicitors?
If you have a valid medical negligence case and want help getting through the claims process smoothly, one of our solicitors may help you.
Our solicitors are medical negligence experts. All our medical negligence solicitors work on a No Win No Fee basis for all claims that they accept. Generally, their choice of contract is a Conditional Fee Agreement CFA. When claiming with a solicitor via a CFA, you will not have to pay for the service they provide at the following times:
- Before the claim begins
- While the claim is in progress
- Not at all if the claim should fail.
If your medical negligence claim is successful, you will be awarded a compensation settlement. A percentage of the compensation will be taken by the solicitor for their success fee. Additionally, the Conditional Fee Agreements Order 2013 legally limits that percentage.
Choose any of these options and ask our advisors any questions you have, or see if your case could be taken on by one of our expert medical negligence solicitors today:
- Web: Ask about making a claim online through a contact form.
Read More On Making A Medical Negligence Compensation Claim
Thank you for reading our No Win No Fee medical negligence claim guide. Learn more through these handy links:
- How to make a fatal negligence claim in the event of a wrongful death.
- A guide to suing a doctor for clinical negligence compensation.
- NHS Resolution’s 2023/24 annual report, which shows that nearly £3 billion was paid out to resolve NHS medical negligence claims.
- Government information about Statutory Sick Pay claims.