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How To Report Medical Negligence By A GP, Doctor, Dentist Or Hospital

Where Can I Report Medical Negligence By A GP, Doctor, Dentist Or Hospital?

How to report medical negligence guide

How to report medical negligence guide

In this online guide, we will look at how to report medical negligence as a precursor to moving on to make a medical negligence claim. Although clinical negligence claims share many similarities with personal injury claims, they are different in some ways. So, we recommend you read this guide fully, even if you are familiar with the process of making an accident or injury claim.

You might have unique questions related to your own potential claim that this guide does not address. If this is indeed the case, help is just a phone call away. Speak to one of our team of expert advisors on 0800 652 3087. They will answer any question you have, evaluate your claim for you, and let you know if it is potentially valid or not.

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A Guide On How To Report Medical Negligence

The sections of this online guide combine to give some expert advice on how to report medical malpractice, and also how to move on to making a claim for the harm you have suffered at the hands of a medical professional. Although this guide leans heavily towards NHS negligence claims, much of it would still be applicable to claims against a private healthcare facility.

We begin this guide with a basic introduction to what medical negligence is, and why you could be in a position to make a compensation claim if you become a victim of it. We will also briefly cover the kinds of claimants that this guide will be useful for. We then move on to look at some of the different forms that medical negligence can take, and where. We also describe the procedure for reporting clinical negligence to the NHS.

The bottom half of this guide moves away from giving information related to instances of clinical negligence and covers some general information related to the claims process. We start by explaining what the most common time limits are that could apply to your claim. We have also added a table that can be used to look up the severity of your medical condition, and find out how much you could potentially receive in compensation if your claim is a success. In the same section, we summarise some of the frequently awarded kinds of damage you could receive compensation for. Lastly, we explain how a medical negligence lawyer working under a No Win No Fee deal could provide you with a way to get the compensation you are eligible for, with minimal financial risks attached.

If you have any questions at all about this guide, the claims process, or your own unique circumstances, then please reach out to our team on the telephone number near the top and bottom of the page. An expert advisor will be able to provide you with all the assistance you may need.

What Is Medical Negligence By A GP, Doctor, Dentist Or Hospital?

Every medical professional in England is required to fulfil a duty of care to patients at all times. This includes medical professional such as:

  • Your GP.
  • A surgeon.
  • A nurse working at your local clinic.
  • Your pharmacist.
  • Your dentist.

And the list could go on. These are all practising, registered medical professionals that could be found guilty of clinical negligence due to their actions when dealing with a patient.

Put simply, no medical professional should ever do anything that will cause a patient unnecessary harm. If they do, then the patient could report medical malpractice and then attempt to make a compensation claim for the harm they suffered. This is something we could potentially help you with. Speak to our team to find out how.

Who Does The Information In This Guide Apply To?

This guide almost entirely applies to patients of the National Health Service (NHS) who have fallen foul of clinical negligence whilst receiving care. However, the situation is a little complex, so an explanation is in order.

  • You would be able to make a complaint to the NHS if:
    • You are being treated by an NHS doctor (GP for example) in a state-run healthcare institute.
    • You are being treated in a private hospital, but it is the NHS that is paying for your treatment.
  • You would not be able to complain to the NHS if:
    • You are a private patient in an NHS hospital unless NHS staff are being used to provide you with treatment or care.
    • Are a private patient being treated at a private healthcare facility and you are paying the medical fees.

If you are unsure whether this guide would apply to your own circumstances, please call our team and an advisor will let you know.

What Negligence You Might Want To Complain About

There are many forms that clinical negligence can take, causing everything from trivial harm to the death of a patient. Some of the common shapes that medical negligence can take are:

  • Wrongful or late diagnosis.
  • Being administered the wrong treatment.
  • Symptoms being overlooked due to lax diagnosis protocols.
  • Unreasonable delays in providing treatment.
  • A medical device or piece of apparatus fails, harming you.
  • Pharmaceutical errors, such as being given the wrong medication.
  • Lax care on a hospital ward leading to a patient catching a cross-infection.

These are all examples of the kinds of mistakes that can lead to a patient suffering unnecessary harm. There are, of course, many more. If you call our claims team and explain what has happened to you, an advisor will let you know whether you have a potentially valid claim or not.

Where Medical Negligence Could Happen

Can I report my doctor for negligence? Yes, you can, regardless of where the negligence took place. If a doctor is dealing with you in a professional capacity, where the clinical negligence took place doesn’t matter. The same applies to all medical professionals. However, some of the most common places that clinical negligence can take place, are:

  • A state-funded and operated hospital.
  • Your local GP surgery.
  • At the dental clinic.
  • When visiting a specialist or consultant.
  • In your local pharmacy.
  • In an operating room.
  • On a hospital ward.

All of these are places where a patient can be injured or come to harm in some way due to the actions of a medical profession. Give our team a call and tell us where the clinical negligence that harmed you took place, and they will tell you whether a claim could be possible or not.

Reporting NHS Hospital Medical Negligence

If you are harmed due to clinical negligence in a hospital, then you need to report the medical negligence to the NHS as the first step in making a compensation claim. When it comes to where to report hospital negligence, you can do so in person, by letter, or by email. You cannot report clinical negligence by phone.

In general, you will have 12-months from the date the negligence took place to make a complaint. When you do, you will trigger the full complaints procedure that is operated by the NHS. As part of this procedure, a group of doctors will evaluate the complaint, and make a decision about whether it is valid or not. You need to understand that the onus is on you, the claimant, to prove that negligence took place should the panel of doctors refute your complaint.

This is something we can help you with. We can assist you in preparing evidence to support your claim, gathering witness statements and getting a private medical examination. Speak to one of our team members if you need this kind of help.

Complaining To An NHS Trust

An NHS Trust is responsible for all of the hospital services operated within their catchment area. Therefore, if you want to raise a concern about a doctor or raise a concern about a hospital, the NHS Trust would be a good starting point.

If you want some help and advice on how to go about making such an official complaint, our team is available to help. Just give them a call to get this started.

Complaining About A GP

Your GP acts as the gatekeeper to the rest of the healthcare service. They are responsible for performing an initial diagnosis, treating minor ailments, and referring victims of more serious conditions to the correct healthcare unit for treatment. When a GP makes a mistake, the consequences can be dire, even life-threatening. Therefore, when a GP does make a mistake, you will need to report GP negligence before making a claim for the harm you have suffered. Speak to our team to learn more about this.

Complaining About A Clinical Commissioning Group

A Clinical Commissioning Group (CCG) is a local body responsible for buying in NHS services. The NHS is funded along the lines of individual hospitals pricing their services to the commissioning group, and selling them internally, rather than being given annual budgets.

If you are not happy about the treatment you received in an NHS hospital, or when receiving NHS medical care, you can make a formal complaint to the CCG that covers your area. If you need to make a complaint about the CCG itself, you will need to contact the NHS Headquarters for the UK.

We can help you to make a complaint against a CCG by giving you assistance and advice on how to formulate your complaint. Speak to our claims team to move forward with this.

Complaining About Other Practitioners

The Care Quality Commission (CQC) maintains a comprehensive database of healthcare practitioners and institutions. If you need to report a doctor for negligence, or any other individual medical professional, this is a good place to start. The CQC has also provided contact details for other top-level healthcare organisations that an individual medical professional may work for.

It may be confusing trying to work out exactly which healthcare unit the medical professional works for. We can help to remove some of the confusion if you call our team and explain your problem to one of our expert advisors.

Time Limits To Report And Claim For Medical Negligence

Just as there is a personal injury claims time limit for you to begin an accident or injury claim within, you will need to be within the clinical negligence claims time limit in order for a medical negligence solicitor to be able to help you. In general, this time limit will be:

  • If you are over the age of 18 – three years from the date the clinical negligence took place, or from the date that a medical condition caused by it was first diagnosed.
  • If you are under the age of 18 – three years from the date of your 18th birthday.

In some very rare cases, these time limits can vary. If you call our team and speak to one of our advisors, they will be able to tell you exactly what time limit is going to apply in your own case.

What Could I Claim After Reporting Medical Negligence? – Compensation Calculator

If you have made an accident or injury claim in the past, you might have used some kind of personal injury claims calculator to get a rough estimate of the value of your claim should you win it. This table of example compensation ranges below can serve a similar purpose for clinical negligence claims. It is based on the published Judicial College Guidelines in the UK. It is provided as an example only.

Health IssueHow Bad?CompensationNotes
IllnessMinor£860 to £3,710In the minor category, would be all illnesses and medical conditions that will last for anything from a few days to a few weeks, and exhibit mild symptoms such as general pain, stomach cramps, diarrhoea, vomiting, etc.
IllnessModerate£3,710 to £8,950In the moderate category, we would include illnesses that would manifest symptoms for a few weeks, up to two years. Symptoms could include diarrhoea, fever, stomach or muscle cramps, fatigue, etc. Long-term symptoms might include impaired bowel function, loss of appetite or libido, etc.
IllnessSerious£8,950 to £18,020In the serious category, would be medical conditions and illnesses that although serious in nature, would respond well to treatment and clear up in the short-term, generally four weeks or less. There may be some ongoing discomfort of symptoms such as loss of appetite or impaired bowel function, but these would be trivial and barely affect the life of the victim.
IllnessSevere£36,060 to £49,270In the severe category, would be illnesses and medical conditions with very bad, possibly6 life-threatening symptoms. Such as a high fever, anaphylaxis, poisoning, and other series conditions. Recover may take some time, and there could be permanent implications, such as increased frailty once the illness has been healed as fully as possible.

If you want a more accurate estimate of the level of compensation you might win, because there are some unique circumstances behind your claim, then call our team today. They will be able to arrange for a medical negligence lawyer to value your claim for you.

If your claim comes out positively, then you will receive a compensation settlement, either offered out of court or awarded in court, that will comprise a number of different types of damages. General damages cover all of the pain and suffering that can occur due to clinical negligence. The total compensation won will directly reflect the level of pain and suffering you went through from the initial incident, through any treatment you need, until your eventual recovery and possible long-term impairment. For example:

  • The pain and suffering caused by the illness or medical condition.
  • Any intrusive or traumatic treatment, such as surgery that you had to go through.
  • Psychological harm such as anxiety or depression.
  • Stress and trauma caused by being a victim of medical negligence.

Special damages cover all of the non-physical and financial losses you might have faced due to being harmed by medical negligence. If you are going to try and claim back costs already paid out, then you will need to provide documented proof of these costs. Special damages could include, but are not limited to:

  • Lost earning/working potential in the future.
  • Lost wages or salary due to missing work while you were ill.
  • Private medical fees.
  • Out of pocket expenses.
  • The cost of hiring in-home nursing staff.

If you would like a more accurate list of the kind of expenses you might be able to claim for based on your unique circumstances, our team can arrange for a lawyer to evaluate your claim for you; just give them a ring to get this underway.

No Win No Fee Claims For Medical Negligence

Making a clinical negligence claim by using the services of a No Win No Fee lawyer is a great way to minimise the risk of financial loss and still secure the legal help that you need. This is because you won’t be approached to pay a fee to your solicitor until the claim has been won and the compensation settlement has been received by your solicitor.

This means that the lawyer won’t ask you to pay any kind of new claims fee before they start processing your claim for you. You won’t pay any fees for the lifetime of your claim, no matter how long it takes. It also means that should the lawyer fail, and your claim is lost, you won’t have to pay the lawyer’s fees.

If your solicitor does win your claim for you, then they may ask you to pay a legally capped success fee, which will be a small amount of the overall compensation awarded.

If you have any questions about using the services of a No Win No Fee lawyer, then please speak to one of our advisors to have your questions answered.

How Could Medical Negligence Assist Help You?

We can connect you with a panel of lawyers and experienced medical negligence solicitors. Many of them have over three decades of experience helping victims of clinical negligence to get the compensation that they are entitled to. They can do the same for you.

We are always just a phone call away when you want an update on your claim, or have any questions at all about what your solicitor has been doing for you. We use easy to understand English with no legal jargon. And you can rest assured that your solicitor will do all they can to recover as much compensation for you as possible.

Contact Our Team

You can contact our team on 0800 652 3087. When you do, one of our expert advisors will answer any questions that you have, before moving on to evaluate your claim for you. If your claim is potentially valid, the advisor will recommend what your next actions should be.

Helpful Links

These external links might be useful to read over:

NHS Hospital Complaints

How To Complain To The NHS

Making A GP Complaint

You may also find these other pages published in this site to be useful:

Making A Claim Against A Hospital

Claiming Against A GP

Dental Negligence Claims

 

Guide by Mac

Edited by Ed