Most medical treatments are carried out safely and professionally. However, mistakes can happen. Importantly, if a healthcare professional provides substandard care and you suffer avoidable harm as a result, you may be eligible to make a medical negligence claim for compensation.
We can help with medical negligence claims. Our specialist advisors can review your case for free and explain your options. If your claim is taken on by a medical negligence solicitor from our team, it will be handled on a No Win No Fee basis. This means there are no upfront solicitor fees, and you only pay a success fee from your compensation if the claim succeeds.
If you’d like to speak with us about a medical negligence claim right away, please call us on 0800 6524 881.
Table of contents
- What Is Medical Negligence?
- Am I Eligible To Make A Medical Negligence Claim?
- Types Of Medical Negligence
- How Much Compensation Will I Get For Medical Negligence?
- Evidence To Support A Medical Negligence Claim
- Time Limits For Claiming Medical Negligence Compensation
- Do I Need A Solicitor To File A Medical Negligence Claim?
- Frequently Asked Questions
- Starting The Medical Negligence Claims Process
What Is Medical Negligence?
Medical negligence is when the standard of care provided by a healthcare professional falls below the standard reasonably expected of a similarly skilled professional, and the patient suffers avoidable harm as a result.
Am I Eligible To Make A Medical Negligence Claim?
To claim compensation for medical negligence, you must usually prove three things:
- Duty of care. The healthcare provider owed you a duty of care. This is usually straightforward when you’re receiving medical treatment or advice.
- Breach of duty. The care you received fell below the standard reasonably expected of a competent professional in that field.
- Causation. The negligent treatment caused you avoidable injury, illness, a worse outcome or additional suffering.
A useful way to think about causation is the ‘but for’ test. If your injury, illness or worsening condition would probably not have happened but for the negligent treatment, you may have grounds to start a medical negligence compensation claim.
Types Of Medical Negligence
To give you some idea about what could result in compensation for medical negligence, here are some examples:
- Anaesthetic errors. Mistakes with anaesthetics can be serious. In some cases, patients may suffer avoidable injury, awareness during surgery, oxygen deprivation or other complications.
- Surgical negligence. Surgery often carries risks, but avoidable errors may justify a claim. Examples include operating on the wrong site, leaving surgical items inside the body, or causing an avoidable injury during the procedure.
- Diagnosis negligence. An incorrect or delayed diagnosis can cause suffering if the underlying problem gets worse. In some cases of misdiagnosis, treatment may become more intensive than it would have been if the correct diagnosis had been made sooner.
- Negligent advice or consent. Patients should be informed about material risks and potential side effects of the treatment. If this does not happen, the patient may be unable to make a properly informed decision.
- Prescription mistakes. Wrong medication, the wrong dose or prescription errors can cause avoidable side effects, allergic reactions or other harm.
- Avoidable birth injuries. Childbirth can involve complications, but midwives and doctors must respond appropriately when problems arise. If poor monitoring, delay or mistakes harm the mother or the baby is injured, a claim may be possible.
- Hospital-acquired infections. Contracting an infection such as MRSA in a hospital will not automatically mean negligence was the cause. However, a claim may be possible if poor hygiene, poor infection control or a failure to act caused avoidable harm.
This list is just a small sample of scenarios that could result in compensation for medical negligence. If you believe you suffered avoidable harm because of poor medical care, contact us today for free advice about whether a claim may be possible.
How Much Compensation Will I Get For Medical Negligence?
When calculating what amount of compensation you should get for medical negligence, your solicitor will essentially separate the claim into two types of damages and calculate compensation individually for both. These damages are:
- General damages. Where compensation for your pain, suffering, and loss of amenity resulting from medical negligence will be claimed for.
- Special damages. This element of the claim looks at recovering any costs or expenses. For example, you may need to claim for care costs, travel expenses, medical costs, and lost income.
To determine the extent of the pain and suffering you’ve gone through and may continue to go through in the future, a medical assessment is usually required for medical and clinical negligence claims. In most cases, medical assessments can be arranged locally for our clients.
Claiming Compensation For Medical Negligence On Behalf Of A Loved One
If a loved one has been affected by medical negligence but cannot claim for themselves, you may be able to act on their behalf as a litigation friend. This allows a suitable adult, such as a family member or close friend, to deal with solicitors and court matters on the claimant’s behalf.
If your loved one has died following clinical negligence, a claim may also be possible. A claim can sometimes be brought on behalf of the deceased’s estate for pain and suffering before death. Dependants may also be able to claim for bereavement damages, financial dependency, loss of services and related expenses.
Evidence To Support A Medical Negligence Claim
If you’ve suffered because of medical negligence, your solicitor will work to gather evidence to show what went wrong and how it affected you. Useful evidence may include:
- Medical records, including GP notes, hospital records, test results, scans, discharge notes and prescription records.
- A clear timeline of symptoms, appointments, treatment, advice given and when your condition worsened.
- Independent medical expert evidence on whether the care fell below the expected standard and whether it caused avoidable harm.
- Photographs of visible injuries, scarring or complications where relevant.
- Statements from family, friends or carers about how the injury has affected your daily life.
- Employment records showing lost earnings, reduced hours or time away from work.
- Receipts, invoices and bank records for treatment costs, travel expenses, care, medication, equipment or home adaptations.
- Reports on any long-term physical, emotional, or psychological suffering caused by the negligence.
If you already have evidence that supports your medical negligence claim, please have it ready when you call. Do not worry if you do not have everything yet, as your solicitor can explain what may be needed.
Time Limits For Claiming Medical Negligence Compensation
Claims for medical negligence usually have a 3-year time limit, generally starting from either:
- The date the negligent treatment caused injury or illness; or
- A later point, if the harm only became clear afterwards (date of knowledge).
It’s important to note that there can be exceptions and variations to these time limits. For instance, in cases involving children, the 3-year period does not start until their 18th birthday, meaning they usually have until their 21st birthday to start a claim. Before then, a litigation friend could claim on their behalf.
Because time limits can vary, it’s sensible to contact us for legal advice as early as possible to give your solicitor more time to build the claim properly.
Do I Need A Solicitor To File A Medical Negligence Claim?
Although you are not legally required to use a medical negligence solicitor, you might find it difficult to prove your case without legal help.
If your claim is taken on by a medical negligence solicitor on our team, they will:
- Work for you on a No Win No Fee basis.
- Work with you to understand how you’ve been affected by clinical negligence.
- Try to collect evidence to support your allegations.
- File the claim on your behalf.
- Request interim payments where appropriate, for example, to help with treatment, care or home adaptations.
- Deal with all communication on your behalf.
- Aim to achieve the highest amount of compensation possible for your suffering.
Rather than accepting the first settlement offer that’s received, your solicitor will always discuss it with you first. If it doesn’t appear to be a fair amount, they’ll try to renegotiate a fairer payment with the defendant.
Frequently Asked Questions
Below, we’ve answered some common questions about medical negligence claims.
Can I claim if my treatment made my condition worse?
Possibly. You would need to show that the treatment you received fell below the standard expected of a reasonably competent medical professional and that this caused you avoidable harm. A poor outcome alone is not always enough to claim, but you may have a case if your condition became worse because of negligent care, delay, error or lack of proper advice.
Can I claim for medical negligence against the NHS?
Yes. Medical negligence claims can be made against NHS Trusts where negligent care caused avoidable injury, illness or suffering. You can also claim against private healthcare providers, dentists, cosmetic clinics and other medical professionals if the evidence shows that substandard treatment caused harm.
How long do I have to make a medical negligence claim?
In most cases, you have 3 years to start a medical negligence claim. This usually runs from the date the negligence happened or from the date you first became aware that your injury or illness may have been caused by negligent treatment. Different rules apply for children and for people who lack mental capacity.
What evidence do I need for a medical negligence claim?
Useful evidence can include medical records, test results, appointment letters, prescriptions, photographs, a diary of symptoms, details of financial losses and statements from people who have seen how you were affected.
Can I claim if a doctor failed to diagnose my condition?
You may be able to claim if a delayed or missed diagnosis caused avoidable harm. For example, a claim might be possible if symptoms were not properly investigated, test results were misread, or you were not referred for further checks when this should have happened. The key question is whether earlier diagnosis would probably have led to a better outcome.
Starting The Medical Negligence Claims Process
We understand that you won’t want to risk losing money on solicitors’ fees in the event of an unsuccessful claim. That’s why the specialist solicitors on our team provide a No Win No Fee service for all cases they take on.
Are you ready to claim compensation for medical negligence today? If so, call our team on 0800 6524 881. Your case will be reviewed during your call, and you’ll receive free legal advice. If there appears to be a case to be answered, they’ll connect you with a solicitor from our team as soon as possible. Once they have all the details to hand, they’ll be able to better inform you of how much compensation for medical negligence you could claim.