This guide will explore the medical negligence claims process including the steps you can take after sustaining harm in a medical setting and when you could be eligible to seek compensation.
Medical negligence claims guide
Additionally, we will explore what could constitute medical negligence and the different ways in which it could occur.
Furthermore, we will discuss the compensation you could be awarded after a successful claim and how your settlement can be calculated.
This guide will also include information about how medical negligence claim solicitors could aid you with the process of seeking compensation.
Please continue reading for more information. Alternatively, you can contact our team of advisers at any time if you have specific questions. Reach us by:
- Calling our team at 0800 408 7827
- Speaking to us using the Live Chat feature below
- Filling in our contact form
Choose A Section
- Medical Negligence Claims – A Guide
- When Are You Able To Make Medical Negligence Claims?
- What Potential Compensation Could Be Received From A Medical Negligence Claim?
- Potential Evidence That Could Help You Make Medical Negligence Claims
- The Benefits Of Making A No Win No Fee Medical Negligence Claim
- Learn More About Making A Claim For Medical Negligence
Medical Negligence Claims – A Guide
All medical professionals owe their patients a duty of care. This includes providing the correct level of care. If the correct level of care is not given to a patient, they could sustain harm that may have otherwise been avoided. Under these circumstances, they may be able to claim compensation.
There are various medical settings in which a patient could experience harm, such as:
- Hospital
- GP surgery
- Pharmacy
To learn more about when you could sue a hospital for compensation, sue a doctor for compensation or make a different type of medical negligence claim, get in touch on the number above. Alternatively, please continue reading to find out more about the criteria for making a claim.
When Are You Able To Make Medical Negligence Claims?
In order to make a claim, you must be able to show that medical negligence occurred. This involves a medical professional owing a duty of care, breaching the duty of care they owed and causing you avoidable harm as a result.
In the next sections, we will provide details about some common forms of medical negligence claims.
Medication Error Claims
There are different types of medication errors, such as medicine being administered via the wrong route, a patient receiving the wrong dosage, or even the wrong medication entirely.
Examples of how they could occur can include:
- A pharmacist could make a prescription error. They could hand you the wrong prescription leading you to take medication that was prescribed to someone else.
- A doctor may fail to check your medical history before prescribing a medication. You could suffer an allergic reaction to medicine as a result.
- A nurse might administer medication via the wrong route.
Misdiagnosis Claims
A medical misdiagnosis could happen for many reasons. For example:
- A radiologist could misinterpret your X-ray results resulting in you receiving the wrong diagnosis.
- A GP could fail to send you for further tests after you report lumps in your breast. This could lead to misdiagnosed cancer which could lead to the cancer worsening and requiring more invasive treatment once correctly diagnosed.
Birth Injury Claims
A birth injury could be sustained by either the mother or child. Examples of how this could occur include:
- A midwife could use excessive force during labour. This could cause broken bones in the infant.
- A surgeon may cut too deeply when performing a C-section causing the mother to sustain a perforated bowel.
To learn more about the different types of medical negligence claims, get in touch on the number above. An advisor can also discuss when you could be eligible to seek compensation.
What Potential Compensation Could Be Received From A Medical Negligence Claim?
Medical negligence payouts can involve up to two heads of claim, known as general damages and special damages. These heads of claim are intended to help compensate you for different aspects of the pain and suffering you experienced as a result of the incident of medical negligence.
General damages, the first head of claim, compensates you for the pain caused by the avoidable harm you suffered. A solicitor will usually turn to the Judicial College Guidelines (JCG) to help them assess the value of the harm you sustained.
The table below contains some of the compensation brackets from the JCG, though these figures are guidelines only. This is because your compensation could vary due to your specific circumstances.
| Harm | Compensation Bracket |
|---|---|
| Reproductive System: Female | £114,900 to £170,280 |
| Reproductive System: Female | £43,010 to £102,100 |
| Reproductive System: Male | £114,900 to £148,320 |
| Reproductive System: Male | £43,010 to £88,750 |
| Lung Disease | £100,670 to £135,920 |
| Lung Disease | £70,030 to £97,330 |
| Bowels | In the region of £79,920 |
| Bladder | £63,980 to £79,930 |
| Kidney | Up to £63,980 |
| Spleen | £20,800 to £26,290 |
You may also be able to claim special damages. This second head of claim is intended to help you recoup financial losses suffered as a result of the incident of medical negligence.
For example, this could include helping you recover lost earnings due to needing to take time off work and travel expenses incurred getting to and from hospital visits.
It can help to provide financial evidence in order to claim for these financial losses. This can include payslips and receipts.
To learn more about compensation awarded in medical negligence claims, get in touch using the details provided.
Potential Evidence That Could Help You Make Medical Negligence Claims
Certain pieces of evidence may help to prove that medical negligence occurred. For instance, you could:
- Keep a journal of the symptoms you experienced
- Request a copy of your medical records, which can be useful to show the nature of the harm you suffered.
It’s also important that a claim begins within the time limits stipulated by the Limitation Act 1980. You must begin a claim within:
- 3 years of the date of the incident
- 3 years of the date you realised medical negligence occurred.
Certain circumstances may lead to exceptions of these time limits, such as in cases where a child or person without the mental capacity to claim suffers harm due to medical negligence. Contact our advisers if you would like more information about time limits and the exceptions that can be made.
The Benefits Of Making A No Win No Fee Medical Negligence Claim
When making a medical negligence claim, the No Win No Fee solicitors on our panel could offer you a way to get their help without paying for their services upfront. They may be able to do this by offering you a specific type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
By hiring legal representation under the terms of this agreement, you generally don’t have to pay for the solicitor’s services upfront or during the claims process. Also, you usually don’t have to pay for their services if your claim fails.
Instead, the solicitor would take a success fee if your claim is successful. This fee is subject to a legal cap.
Contact Us For Free Legal Advice 24/7 To See If You Could Claim
Our advisers are available 24/7 for a free consultation about medical negligence claims. They can answer specific questions you may have about your potential claim. For more information, you can contact an advisor today by:
- Calling our team at 0800 408 7827
- Speaking to us using the live chat feature below
- Filling in our contact form.
Learn More About Making A Claim For Medical Negligence
Related articles we’ve written:
Other external resources you may find helpful:
- Nursing and Midwifery Council (NMC) – Code of conduct for nurses and midwives.
- Good Medical Practice – The standards of practice for doctors, as outlined by the General Medical Council (GMC).
- Pharmacy Standards – Standards that pharmacists must uphold according to the General Pharmaceutical Council (GPC).
Thank you for reading our medical negligence claims guide. If you find that you have more questions, please get in touch using the details provided above.
Article by FIN
Edited by MIT