By Danielle Parsons. Last Updated 10th November 2023. On this page, you are going to find a detailed guide to making a claim for compensation for negligent first aid. In the same way, an accident and injury lawyer can help you to make a personal injury claim, a medical negligence lawyer can help you to claim for clinical negligence. We will cover the duty of care first aiders must adhere to, and attempt to show why you could be eligible to make a claim.
Each claim has its own unique aspects. This means that even though we have tried to give you all of the information you need, you may still have questions about your own claim that are unanswered once you have read this guide. We can still help you if you do. To have them answered, please call our team on 0800 652 3087 and speak to an advisor.
Negligent first aid compensation claims
Jump To A Section:
- What Is Negligent First Aid Treatment?
- Obtaining Consent For First Aid Procedures
- Compensation Payouts For First Aid Negligence
- No Win No Fee Claims For Negligent First Aid Treatment
- Helpful First Aid Resources
What Is Negligent First Aid Treatment And When Could I Claim?
First aiders have a duty of care to provide those who require it with the correct standard of care. If they fail to uphold this duty and cause an injury, you may be able to seek compensation for first aid.
For example, first aid negligence could occur if you were to collapse and another person practices CPR on you instead of putting you in the recovery position. CPR can cause broken ribs and lung damage, and if you suffered these injuries unnecessarily, you may be able to make a claim.
In certain situations, you may not be able to claim. For example, if you lose consciousness and stop breathing, and receive CPR as a result, this is a life-saving measure. If no other measures are taken, you may not be able to make a claim.
Please contact an advisor from our team to discuss further situations where first aid negligence could occur.
Obtaining Consent For First Aid Procedures
When it comes to giving first aid, the first aider must first obtain consent from the victim to provide treatment. If the victim declines first aid, then the first aider must then make a decision whether or not to proceed with treatment anyway.
In some cases, such as where the victim does not understand the seriousness of their condition, or when they lack the mental capacity to make the right decision themselves, first aid might still be administered. However, every first aider knows that crossing this line, once consent has been denied, could result in them being in the wrong. The decision to provide first aid if consent has been denied is not taken lightly.
If you believe a first aider has crossed the line and treated you when they should not have, and this has harmed you, talk to our claims team and find out whether you have a path to claiming damages.
Do You Need To Get Consent From Unconscious Victims?
The only exception to providing first aid without consent is when the victim is unconscious and unable to give consent. In this case, the first aider is only allowed to provide treatment that is critical in saving the victim’s life.
Once again, if you feel you were treated unnecessarily by a first aider and this caused you harm, call our claims team and speak to an advisor; you may be able to make a claim.
Compensation Payouts For First Aid Negligence
If your claim is a success, you will receive an overall compensation payment made up of multiple kinds of damages. General damages are all related to physical aspects of the claim, and are driven by the level of harm the victim suffered, for example:
- Permanent disability.
- Painful treatment.
- Psychological damage.
- Stress and trauma.
- General pain and suffering.
Special damages relate to financial losses, and a documented proof will need to be supplied to back up this side of the claim. It’s possible to recover expenses such as:
- Lost future earnings.
- Lost salary/wages.
- Private medical fees.
- Out pocket expenses.
- Care costs.
We have created the table below to give you a rough guide to the level of compensation you could win. We have based it on the Judicial College Guidelines that are used by the legal system to value claims.
| Type of Harm | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Kidney | Serious | In this bracket, the claimant has suffered either serious and permanent damage or the loss of both kidneys. | £169,400 to £210,400 |
| Back | Severe (i) | The claimant suffers with severe pain and disability along with a combination of incomplete paralysis, impairments to their bladder and bowel, along with sexual functioning impairments from spinal cord and nerve root damage. | £91,090 to £160,980 |
| Back | Severe (ii) | In these cases, there are special features including nerve root damage with associated loss of sensation, mobility impairments, along with impairments to the bowel and bladder function. | £74,160 to £88,430 |
| Neck | Severe (i) | In this bracket, incomplete paraplegia or permanent spastic quadriparesis has been caused by a neck injury. | In the region of £148,330 |
| Neck | Severe (ii) | The claimant has considerably severe disabilities from serious fractures or cervical spine damage. | £65,740 to £130,930 |
| Bowels | Severe | The claimant has a severe abdominal injury which has resulted in impaired bowel function and often requires a temporary colostomy. | £44,590 to £69,730 |
| Digestive System | Damage from Non-Traumatic Injury (i) | In this bracket, the claimant suffers from serious acute pain, vomiting, diarrhoea and fever. They require a hospital admission. | £38,430 to £52,500 |
| Fingers | Severe Fractures | The claimant may need partial amputations due to severe finger fractures. These also result in deformity, grip impairments and reduced mechanical funciton. | Up to £36,740 |
You might also be able to find a tool similar to a personal injury claims calculator to get a rough estimate of how much you could receive in compensation as a result of your clinical negligence claim. However, such tools are vague. If you would like a more accurate valuation of your claim, call us today for a free valuation.
No Win No Fee Claims For Negligent First Aid Treatment
Using a No Win No Fee solicitor means you are getting the legal help you need and reducing the financial risk of claiming. Under a Conditional Fee Agreement (CFA) like this, you don’t pay a new claim fee or ongoing fees while the claim is processed. You also don’t pay the solicitors fee if the claim fails.
You might be asked to pay a small, legally capped success fee if the claim is a success though. Speak to a member of our claims team who can explain more about why this success fee is levied, and how it can be taken directly from any compensation received by the solicitor for you. So, you can see, you really have nothing to lose and everything to gain, as you don’t pay until such time as a settlement has been received by your solicitor.
Contact Us To Begin A Claim
Have you been harmed by negligence on the part of a person who was providing you with first aid? If so, you can contact us on 0800 652 3087 and speak to one of our expert claim advisors. They can let you know whether you might have a valid claim, and assist you with some free legal advice on what to do next.
Helpful First Aid Resources
These external pages have more information you might find valuable:
These other guides we have published may also be of some use to you:
Guide by Mac
Edited by Ed