When we think of medical negligence we may think of an operation having gone wrong or a patient being given the wrong medication. However, this is not always the case. In some instances, a doctor may correctly diagnose a patient and provide the right treatment. Nevertheless, negligence could still occur if the patient is not correctly monitored during and after their treatment. In this guide we look at if and when the failure to monitor a patient is considered medical negligence and whether you could claim for this.
In this guide, we start by explaining what medical negligence is. Next, we look at why the failure to properly monitor a patient’s condition may be considered negligent.
Additionally, we cover some frequently asked questions regarding medical negligence claims, such as ‘How can I prove my claim?’ and ‘Could I claim against a private hospital?’. Furthermore, we look at how compensation may be calculated for medical negligence claims. We end this guide by looking at how one of our expert solicitors could help you.
To discuss your case today and receive free advice, you can contact a member of our advisory team.
- You can call us now on 0800 652 3087
- Use the live support chat on this page.
- Or send our team a message to begin a claim online.
Choose A Section
- What Is Medical Negligence?
- Why Is Failure To Monitor A Patient Classed As Medical Negligence?
- Can I Claim If Failure To Monitor A Patient Has Led To The Death Of A Loved One?
- Can I Claim Against Private Healthcare Providers?
- What Evidence Can Help Me Claim For Medical Negligence?
- How Much Medical Negligence Compensation Could I Receive?
- Can I Make A No Win No Fee Medical Negligence Claim?
- Learn More About Claiming Medical Negligence Compensation
What Is Medical Negligence?
Before looking at why the failure to monitor a patient may be considered medical negligence, you may be wondering, ‘What exactly is medical negligence?’.
Medical negligence is when a patient suffers unnecessary harm due to a healthcare professional failing to provide the correct standard of care and therefore breaching their duty of care.
All medical professionals have a duty of care to their patients. They must provide care which meets the expected and minimum professional standards. The expected roles and standards will differ between each medical professional, for example a GP will have different obligations to a surgeon.
This duty of care applies to all medical professionals regardless of whether they work in a hospital, GP surgery or pharmacy and extends to both the private and public healthcare sectors.
Steps a medical professional may be expected to take to meet such standards could include;
- Ensuring they provide the correct advice and monitor patients during a medical prcedure.
- Listening to your symptoms and taking your concerns seriously.
- Monitor a patient’s medication and their reaction to this.
- Ordering tests or referring for specialist care when needed.
To be able to make a medical negligence claim, you need to prove:
- You were owed a duty of care by the medical professional.
- They breached their duty of care, such as the failure to monitor your condition during treatment.
- The healthcare provider’s failure to monitor your health led to unnecessary or avoidable harm.
An advisor from our team can assess whether you meet the criteria as shown above. If so, they could connect you to one of our solicitors.
Why Is Failure To Monitor A Patient Classed As Medical Negligence?
The failure to properly monitor patients during and after medical treatment could lead to serious health issues. In some instances, it may even be fatal. For example, not monitoring a patient’s vital signs during surgery could put patients at risk. Their condition may deteriorate and be recognised too late to intervene.
Patient’s conditions should be regularly assessed and monitored. This is a vital part of patient care. Medical providers should take steps such as checking patients’ heart rates, blood oxygen levels and temperatures. These symptoms could point to the signs of an infection, illness or distress. And may help with diagnosing a condition.
Examples of how the failure to monitor a patient could cause harm may include;
- Not monitoring a patient’s following a head injury. Symptoms may not present immediately and may worsen over time. Failing to identify and treat these symptoms could even be fatal in extreme instances.
- Surgical patients should be monitored during anaesthesia, surgery, and in post-surgical recovery. This may include monitoring a patient’s vital signs. Failing to do so may mean medical staff do not see oxygen levels have dropped dangerously low or the patient has gone into shock.
- Both mother and baby should be monitored during childbirth. Obstetricians and midwives should monitor the baby’s heart rate. Failing to do so may mean they do not see the baby is in distress or unable to breathe properly. This may cause a birth injury.
- Failing to monitor a patient could lead to doctors missing symptoms, leading to the failure to diagnose a heart attack. Any such cardiac event must be treated promptly.
If you have been harmed by a healthcare provider’s failure to monitor you, our team could help you claim compensation. For more information, please contact our team.
Can I Claim If Failure To Monitor A Patient Has Led To The Death Of A Loved One?
In the most extreme of instances, medical malpractice, such as the failure to monitor a patient, could be fatal. If a loved one has died due to a healthcare provider’s failure to monitor their condition, you could claim compensation.
Patients with serious, life-threatening or time-dependent conditions, such as cancer or traumatic brain injuries, should be closely monitored. Those with cancer should have regular checkups to ensure that the correct treatment is provided at the right time. The failure to do so could be fatal.
Fatal accident claims work a little differently from general medical negligence cases. In this case, there are specific parties who may be able to launch a claim at specific times.
Under the Law Reform Miscellaneous Provisions Act 1934 (LRMPA), only the deceased’s estate may claim compensation during the first six months after the death. They may claim for the pain and suffering of the deceased prior to their death and on behalf of the dependents.
Subsequently, after these six months, if a claim has not been made on their behalf, certain qualifying relatives (known as dependents) can make their own claim for how the death has impacted them. This is in line with the Fatal Accidents Act 1976.
To see if you could claim for wrongful death caused by medical negligence, you can contact our advisors.
Can I Claim Against Private Healthcare Providers?
Regardless of whether the healthcare professional who treated you worked in the public or private healthcare sector, they both have the same duty of care to provide you with the correct standard of treatment.
If you suffered unnecessary harm due to a healthcare professional who worked in the private sector breaching their duty of care, you could still make a compensation claim.
If you have been affected by private healthcare medical negligence, please contact our team to see how we could help you.
What Evidence Can Help Me Claim For Medical Negligence?
Medical negligence claims must meet a high standard of proof. If you choose to claim with a No Win No Fee solicitor, they will work with you to establish that the healthcare provider’s failure to monitor your condition caused you harm.
The solicitor will work to collect evidence that you were harmed because of the negligent actions of the healthcare professionals treating you.
Examples of evidence which could help to prove your case may include;
- Copies of correspondence between you and the medical practitioner or service provider you are claiming against.
- Copies of your medical records. These may show the original and subsequent diagnosis. They may also show what treatment was provided and harm caused.
- The results of any medical tests, such as copies of an x-ray or blood test.
- A report from an independent medical expert. This may be organised as part of the claims process by your solicitor.
- Details of anyone who witnessed the negligent care and how it has harmed you.
- Records of how you have been financially impacted by the harm. This may include a bank statement or invoice.
Evidence is crucial to the success of your claim. Therefore, a solicitor from our team could help you gather as much evidence as possible to support your case. For more information, please contact us.
How Much Medical Negligence Compensation Could I Receive?
If you can successfully show that you were harmed due to a medical professional’s negligent actions you could be awarded compensation. There is no set amount of compensation you could claim for medical negligence. This is because every claim is unique and the compensation that is awarded will reflect this.
However, you will receive the head of loss known as general damages if you make a successful claim. This compensates you for the unnecessary harm you have endured.
Those valuing your claim may refer to guideline figures set out by the Judicial College (JC). The JC guidelines cover a wide range of different types of harm, also looking at differing levels of severity.
The table below contains some of the figures from the JC guidelines, aside from the first entry.
Compensation Guidelines
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple and serious or severe forms of harm with special damages. | Serious up to severe | Multiple and serious forms of harm along with compensation for financial losses such as medical expenses and lost earnings. | Up to £500,000+ |
| Brain damage | Moderately severe | The person is left seriously disabled and will require constant care. | £267,340 to £344,150 |
| Brain damage | Moderate - i | The is a moderate to severe intellectual deficit with a significant risk of epilepsy. | £183,190 to £267,340 |
| Kidney damage | Both kidneys | Serious permanent damage or the complete loss of. | £206,730 to £256,780 |
| Bowels | Double incontinence | Total loss of the bowel and bladder's natural function. | Up to £224,790 |
| Bladder | Loss of control and function | Complete loss of both control and function. | Up to £171,680 |
| Lung disease | Significant and worsening lung function | Caused by diseases such as emphysema. | £66,890 to £85,460 |
| Eyes | Loss of sight | Complete loss of sight in one eye. | £60,130 to £66,920 |
Can Financial Losses Make Up Part Of My Medical Negligence Compensation?
In addition to compensation awarded for the harm caused to you, you may also claim for the subsequent financial losses this has caused you. This awarded under the secondary head of claim known as special damages.
Examples of special damages may include:
- Loss of earnings and income. This could cover past and future losses.
- Medical care and treatment costs.
- Prescription (and other) medication costs.
- Care in the home or in a care facility.
For more information on how much your medical negligence claim may be worth, please contact an advisor today.
Can I Make A No Win No Fee Medical Negligence Claim?
If you have a valid medical negligence claim, one od our expert solicitors could help you with claiming compensation. Our team has years of experience in helping people to claim against negligent healthcare providers. When you call our team, they could provide a free consultation. In addition, our solicitors could help you on a No Win No Fee basis.
One of our expert No Win No Fee solicitors may offer to handle your case through a Conditional Fee Agreement (CFA). As an illustration of how a CFA works, your solicitor will:
- Not ask for any upfront payments for their services.
- Not ask for any payments for their services if the claim fails.
- Deduct a success fee if your case is successful.
The success fee deducted will be determined as a percentage of your compensation. This percentage will be set out in advance in your CFA. There is a legal limit on the percentage which may be deducted. Moreover, this means you will keep the majority of your settlement,
To learn more about whether a medical negligence claim could be made due failure to monitor a patient, you can contact our advisors by:
- Calling us on 0800 652 3087
- Using the live support chat below.
- Sending a message to claim online.
Learn More About Claiming Medical Negligence Compensation
Read more of our medical negligence claims guides:
- In this guide, we look at the failure to treat a stroke and when you can claim compensation.
- Learn if a claim could be made due to the failure to diagnose an ectopic pregnancy.
- If a hospital missed an injury, you may be eligible to claim compensation.
Helpful external resources:
- The NHS Constitution for England sets out patients’ rights. You can read about them here.
- Find out more about your choices in the NHS in this guide to using the NHS.
- The General Medical Council discusses good medical practice.
In conclusion, thank you for reading our guide. We hope you now know how and when failure to monitor a patient may be considered medical negligence. For more information on how to claim for medical negligence, please contact our team.
