If you’ve suffered medical negligence, you could have grounds to make a compensation claim.
We work with a panel of clinical negligence solicitors who have been in the field of medical law for over 30 years. If you’d like to see how they could help you, our team are waiting to answer any queries you may have about making a claim.
For free legal advice, please don’t hesitate to call our freephone number any time, any day, where we can assist you with questions regarding your GP or hospital negligence claim. In the meantime, please read on or explore our website to learn more.
What Is Medical Negligence??
Medical negligence is a form of medical malpractice, where substandard care has been provided by a medical professional to their patient. A claim could be made if your healthcare practitioner failed to uphold their duty of care to you and you suffered as a result.
There are many ways that this could happen; for example, failing to spot symptoms of an illness that would have been spotted if professional guidelines were properly followed. Alternatively, a GP may prescribe medication without checking the patient’s medical records for any allergies that could be triggered by it.
Claims could be made against a doctor or surgeon (either privately or on the NHS) during a medical procedure, diagnosis, or hospital treatment you received, due to their negligent action or inaction. A case for compensation might then be brought forward by a solicitor, providing that the case is still within the medical negligence claims time limit.
To find out if you can claim you will need to talk with a specialist solicitor, contact us on our live chat or call us for free legal advice.
A Guide To Medical Negligence Claims Explained
It goes without saying that all healthcare professionals should do their utmost to prevent any harm or further harm to their patients. The majority of medical negligence is not intentional and simply down to human error.
However, if it is proven that another healthcare worker of the same standing could have avoided such a mistake from being made in the same circumstances, then its likely that a breach of duty has taken place.
Medical mistakes can have detrimental consequences for those involved and should never be taken lightly. For this reason, you may wish to pursue a claim.
In order for you to be able to make a claim, you must have suffered an injury or illness as a result, whether that be physically, mentally or otherwise. If a negligent incident has occurred but you were not caused any harm, then a claim may not stand up in a court of law. However, if you were harmed in any way as a result of a negligent incident, you may be able to make a compensation claim.
If you’re interested in starting a claim, please call our freephone number at the top of this page. A specialist advisor from our team will be more than happy to assist you with any questions you may have regarding your case. Alternatively, if you would prefer, you can fill in an online contact form where a clinical negligence solicitor can get back to you at a more convenient time of the day.
In the meantime, please read on to learn about the different types of medical negligence that you could claim for.
What are the Different Types of Medical Compensation Claims?
Clinical negligence can lead to all sorts of harm, ranging from mild injuries that a patient will make a full recovery from to life-changing and debilitating consequences.
It is not always clear if medical negligence has occurred, as it may take a little while for the person to learn about what happened to them. Similarly, there may be a delay in the fall-out from the negligence that they suffered.
Coming to terms with the fact that you have fallen victim to this kind of negligence can be hard to come to terms with but you are not alone. Whatever your situation, you could be able to make a claim for your suffering, which could involve:
- A brain injury
- A childhood brain injury that leads to cerebral palsy
- Spinal damage or a neck injury
- A surgical injury or complication, such as a Never Event
- Anaesthesia related errors
- Cancer misdiagnosis or oncology negligence
- Orthopaedic negligence
- MRSA negligence
- Cosmetic and private treatment errors
- Care home and nursing home negligence
What are the different types of negligence claims?
In order to take a medical negligence compensation claim forward, it is vital that you are aware of the various ways in which this type of malpractice could manifest. These different types of negligence that can take place could include;
- Gross Negligence – this is ultimately considered the most severe type of negligence. As said previously the majority of health care workers don’t intend to cause any of their patients’ harm. If gross negligence occurs it means that the practitioner responsible has been seriously careless and has complete disregard for you and your health. This in turn goes completely beyond and below the breach of duty and falls in the lines of a deliberate act. Such negligence should always be brought before the law whether a victim needs compensation or not as such a person should never be allowed to work in the health industry.
- Vicarious Liability – this type of liability resides with the person in charge of the person who has committed the negligent act as they are responsible for the actual person. Vicarious liability is a secondary liability that is governed under the common law doctrine agency. In terms of negligence, a health organisation may be accused of liability for the work of any subordinate physician that has caused negligence.
- Contributory Negligence – this type of negligence is measured in terms of what degree was the accused responsible for the actual negligence to the claimant. In layman’s terms how much fault in terms of percentage is the health care practitioner to blame. It is almost a shared responsibility where a jury will decide the degree of blame concerning the victim and the accused.
What Amount of Compensation can be Expected from a Medical Negligence Case?
Giving an exact estimate of compensation that should be awarded in any one case of medical negligence can be difficult as there are many aspects that are unique to each case to take into consideration.
Clinical negligence takes different forms and each case of negligence may be different to the next. What’s more, it affects people in different ways. Therefore, no two cases are exactly the same, so compensation is valued on the basis of how much suffering the claimant experienced.
If you’re looking for medical negligence compensation calculators online, beware that some of their figures can be inaccurate. It’s vital to remember that the amounts shown may relate to other cases that have underlying differences to your own. If you’d like a more accurate consultation, please get in touch with our team today for some free legal advice.
No Win No Fee Medical Negligence Compensation Cases
Our panel of medical negligence solicitors always works on a No Win No Fee basis. We have the ability to deliver a successful result when representing a valid claim and have over 30 years experience in doing so.
Any No Win No Fee case is now referred to as a Conditional Fee Arrangement (CFA) in the eyes of the law. As per any CFA between a solicitor and a claimant, if the solicitor is unsuccessful in winning their claim, the claimant won’t have to pay any of their legal fees.
However, if the solicitor is successful, a small percentage will be taken from the claimant’s final settlement, which is capped at 25% by law. This way, no more than this amount can be taken from the compensation award.
The most important aspect of claiming on a No Win No Fee basis is that, no matter the outcome, the victim of medical negligence is not at any financial risk as they may typically be in the claims process.
To see if you could make a No Win No Fee claim, please get in touch today for a free legal consultation.
Clinical Negligence Claims Time Limit
If you think you may have grounds to make a medical negligence claim, you should seek legal advice at the earliest opportunity.
Section 11 (4) of the Limitation Act 1980 sets out clear legislation regarding the personal injury claims time limit. The Act states that victims of medical negligence have just 3 years from the ‘date of knowledge’ to begin their claim. This ‘date of knowledge’ is the date you realised that your suffering was attributed to the negligence of a healthcare professional.
The law differs slightly for children under the age of 18, who have 3 years from the date of their 18th birthday in which to file a claim. Alternatively you could claim on their behalf before this period. Occasionally, a court may grant an exception to this rule, particularly if funding is needed for care on a day-to-day basis.
To find out an estimate of how much compensation you may be entitled to claim, you can view our medical negligence compensation calculator page or get in touch today.
How Do I Make A Clinical Negligence Claim?
You shouldn’t feel intimidated about making a No Win No Fee medical negligence claim. If you have suffered due to the negligence of a healthcare professional, you have the right to seek compensation for any damage you incurred as a result.
If you find yourself in this situation, our personal injury solicitors are here to guide you through the claims process and are committed to keeping you informed every step of the way with regular updates on your case’s developments.
Initially, when you contact us, we’ll carry out a free evaluation of your claim to ascertain its value and viability. If we believe we can help you, we’ll make you a formal offer of representation and explain how we aim to recover our costs under the No Win No Fee agreement.
Once we have your consent, we’ll begin compiling evidence to support your case and commission a full report from an independent medical expert. We’ll then send the report to the legal representatives of the opposition seeking an admission of liability, after which, negotiations for settlement usually begin.
Why Choose A No Win No Fee Medical Negligence Solicitors?
When choosing a medical negligence solicitor, it is important that your claim is handled on a No Win No Fee basis to minimise any financial risk in making a claim. Addition to having no upfront costs, this agreement means you won’t have to pay any legal fees unless your case is won.
We know that many people are hesitant about claiming due to the legal costs involved, which is why we take the time to discuss the No Win No Fee agreement with you before making an offer of representation.
The No Win No Fee agreement is a legal waiver, of sorts, which effectively eliminates any liability on your part to pay legal fees for the duration of the claim. We won’t seek a penny from you in legal costs at any stage of the claim process and if your case isn’t successful, all fees will be covered by our own insurer.
If you have questions about the claims process or would like to take advantage of our free claim assessment service, book a free consultation with our solicitors using the online contact form today. Alternatively, you can call us directly on the freephone number above if you’d prefer to speak with someone straight away.
Is Medical Malpractice on the Rise?
According to recent statistics released by the NHS’ Resolution Centre, negligence claims are being made against the organisation at a steady rate. However, the cost of dealing with these claims remain a concern. At present, the provision for claims stands at a staggering £83.4 billion.
Between 2018 and 2019, the number of medical negligence claims that were mediated before going to court was at a rate of 6 to 1. There were 10,678 claims made that year and a further 11,417 claims settled. The top 3 most frequent claims were made in relation to the following branches of the NHS:
- Emergency medicine
- Orthopaedic surgery
- Obstetrics (e.g. birth injury)
Whatever type of negligence you suffered, if you believe that your healthcare provider was to blame, you could be able to make a claim. Please contact us today to learn more about your rights.
What happens when Medical Negligence causes harm?
Legally, in order to have valid grounds to make a medical negligence claim, it is not enough for the health care provider to have simply provided substandard medical care. The service in question must have in some way caused harm to the patient.
In such case, the patient has every right to pursue a claim for compensation. To see if you could have a claim, please get in touch with us today for free legal advice.
What information is required?
In order to represent your case in the best possible way, a clinical negligence solicitor will need to know – in detail – about your experience and how you think the care provided was negligent.
Events that happen during medical treatment are always more accurate when told soon after the incident as they are still fresh in a person’s mind. Otherwise, small relevant details may be forgotten if left untold for some time. It is also easier to get in contact with any witnesses that may have been present at the time, as people may be harder to find months or even years after the negligence took place.
Most importantly, if you believe you’ve suffered as a result of medical negligence, you should speak to one of our specialist advisors toady. In doing so, you can see if you could make a claim for compensation with help from our panel of personal injury solicitors.
How long do Medical Negligence claims take?
This is quite a tricky question as all clinical negligence claims are unique. As no two cases are the same, each case can have its own complications.
However, on average, one clinical negligence case can take up to 2 years to settle. That being said, if a case is more complex, then issues may take longer to resolve .
Will a complaint or claim affect a patient’s treatment?
It is important to remember that every individual has the right to receive healthcare of the expected standard as a bare minimum. No one chooses to be ill or injured. However, if they are unfortunate enough to be, then they must receive the appropriate treatment and in the correct timeframe.
If you’d like to make a claim while you’re receiving treatment or while you’re seeking it, this shouldn’t have an effect. If you’re unsure, please speak to one of our advisors today.
Is there is a charity or support for clinical negligence patients?
Action Against Medical Accidents (AvMA) is a registered UK charity set up especially to provide patients affected neglect with support and justice. The charity provides free confidential advice, support and information to those who have fell victim to poor unacceptable healthcare and medical negligence.
Is there a Support Charity for medical neglect patients who suffer from mental health problems?
Mind is a recognised charity that offers support and legal advice to those who have mental health problems and have fell victim to clinical negligence. It is possible to find a legal guide and full information on medical malpractice by heading over to their website.
How to make a hospital complaint to the NHS?
On the NHS website, you can find the information you need on how to make an NHS complaint. In addition, you can get in touch today for free legal advice from one of our specialist advisors today.
The Latest Figures On Medical Negligence
According to the latest figures from NHS Resolution—the legal arm of the NHS—there has been a sizable increase in the number of claims made against them within the past year.
In 2018/19, the NHS saw 10,678 new clinical negligence claims, which was around the same compared to 2017/2018. However, in 2019/20, that figure jumped by just over 1,000, reaching 11,682.
In addition, it’s estimated by NHS Resolution that the total cost of harm arising from medical negligence in 2019/20 was around £8.3 billion, a truly significant figure.
Do I Have To Go To Court For My Medical Negligence Claim?
You may be wondering how many medical negligence claims involving the NHS make it to court. Well, you may be interested to hear that very few do.
In 2019/20, of the 15,550 claims dealt with, 71.5% were resolved without court proceedings. 27.9% of cases had to be issued, by which we mean that formal litigation was required. However, only 0.6% of cases made it to trial.
Based on these figures, it’s unlikely that you would have to go to court in relation to your compensation claim.
What Type Of Medical Negligence Claims Attract The Highest Compensation Payouts?
If we look at the latest statistics from NHS Resolution, as of 2019/20, maternity claims were identified as the highest value area. In fact, they represented 50% of the total value of all clinical negligence claims they received.
This is understandable. Negligence during pregnancy or births can cause significant harm, such as debilitating brain damage. In 2020, Guy’s and St Thomas’s NHS Foundation Trust, for example, reportedly settled a claim of this nature for a massive £37 million, which makes it one of the biggest claims for clinical negligence in NHS history.
Learn More About Medical Negligence Claims
We have a wealth of information on our site covering all areas of medical negligence. Below, we’ve included links to other pages you may find useful:
- Birth Injury Claims
- How To Claim Against A GP
- How To Make A Claim For A Misdiagnosis
- NHS Hospital Negligence Claims
- Surgery Medical Negligence Claims
- Learn more about Medical Negligence Compensation
- What’s the Medical Negligence Time Limit?
- How to make a Dental Negligence Claim
- Learn more about Cerebral Palsy Medical Negligence
- And here for Cancer Misdiagnosis Claims
Thank you for reading about medical negligence today. We hope to have helped develop your understanding and are on hand to answer any questions if you’re still unsure.