If a hospital missed your injury, you may be wondering if you could make a medical negligence claim. Medical professionals owe their patients a minimum standard of care. If this is not provided, leading to you being avoidably harmed, you may be able to seek compensation.
Hospital Missed An Injury – Can I Claim For Medical Negligence?
We will examine key factors relating to the claims process, for example, the eligibility criteria for pursuing compensation, the time limitations that apply and the benefits of working with solicitors. No Win No Fee agreements will also be discussed and how they can help you.
If you would like to speak to an advisor from our team, you can do so today. They are happy to help you at a time that is most convenient for you, so please do not hesitate to get in touch. You can speak with someone by:
- Calling us on 0800 652 3087
- Starting your claim online via our website
- Using our live chat feature at the bottom of the screen
Select A Section
- Can I Claim If A Hospital Missed An Injury?
- Types Of Injury A Hospital To Fail To Diagnose
- What Evidence Do I Need To Prove Medical Negligence?
- How Much Could I Claim If A Hospital Missed An Injury?
- Why Choose Our Panel Of Medical Negligence Solicitors?
- Learn More About Claiming For The Failure To Diagnose
Can I Claim If A Hospital Missed An Injury?
There are certain requirements that must be met in order for you to make a medical compensation claim. Medical professionals have a duty to provide their patients with a minimum standard of care. If this is not fulfilled and you are avoidably harmed due to this, you could seek compensation.
There are some instances in which a doctor must harm you; for example, they might need to rebreak a bone that has begun to heal in order for it to be set and heal properly. However, if the harm is necessary or can’t be avoided by the right level of care, then this would not be the basis of a claim.
For more details as to when you could claim if a hospital missed your injury, please get in touch with an advisor from our team.
Time Limits Which May Apply To Your Claim
While we cannot answer the question, “how long does a medical negligence claim take?” because of the multiple factors that need to be taken into account, we can explain the time limit that applies to beginning a claim. As per the Limitation Act 1980, you typically have 3 years to begin a medical negligence claim. This could begin from the date on which you were harmed or when you associated your worsening condition with medical negligence.
However, there are some exceptions that may apply in certain circumstances. For example, if the claimant is under 18, they can’t pursue compensation on their own.
The affected person can wait for the time limit to restart when they turn 18. Alternatively, a litigation friend can claim on their behalf while they’re underage.
For more details regarding time limitations and how long you have to start the claims process, please get in touch with an advisor from our team.
Types Of Injury A Hospital To Fail To Diagnose
There are multiple ways that you could be avoidably harmed by a breach of duty of care whilst being treated in a hospital. This could include but is not limited to:
- Missed fractures or dislocations
- The failure to recognise that a wound needed stitches
- Tendon injuries that were not spotted
- Failure to diagnose concussions or brain injuries
- A nerve injury that is misdiagnosed
A condition being missed could have an impact in a number of different ways. For example, if a broken bone is missed then it could begin to heal in the wrong position, meaning that it needs to be rebroken. This causes unnecessary pain and suffering.
If you believe yourself to have encountered avoidable harm at the hands of a medical professional because a hospital missed an injury, please get in touch with one of our advisors.
What Evidence Do I Need To Prove Medical Negligence?
In order to make a medical negligence claim, it is important to show that you were owed a duty of care and that it was breached, and you experienced avoidable harm as a result. Gathering evidence is a good way of adding strength to your claim.
For example:
- Requesting copies of your medical records
- Keeping a diary of your symptoms which shows how you were affected by the negligence
- Collecting evidence of your financial losses. For example, you could collect payslips to show the drop in earnings caused by the time you have had to take off work.
An advisor from our team can offer you more details regarding the evidence that can be gathered. Moreover, they could connect you with a solicitor from our panel who can help.
How Much Could I Claim If A Hospital Missed An Injury?
If the hospital missed an injury and your claim is successful, the compensation you will be awarded might comprise two heads of claim. If your claim is a success, you will be awarded general damages for the pain and suffering that was caused by medical negligence.
We have included a table of medical negligence compensation brackets that have been taken from the Judicial College Guidelines (JCG). The JCG is used by legal professionals to help them when valuing claims.
However, these compensation brackets should only be used as a rough guideline due to each medical negligence claim being unique.
| What Injury? | How Severe? | How Much? | Notes |
|---|---|---|---|
| Leg | Amputation (iii) | £104,830 to £137,470 | The amputation of a singular leg above knee level. |
| Leg | Very Serious | £54,830 to £87,890 | Permanent mobility problems and the need for crutches for the rest of the injured party's life. |
| Arm | Amputation (i) | Not less than £137,160 | The arm being amputated at shoulder level. |
| Arm | Amputation (iii) | £96,160 to £109,650 | The amputation of one arm below elbow level. |
| Neck | Severe (ii) | £65,740 to £130,930 | Serious fractures or damages to discs in the spine, causing disabilities of a considerable severity. |
| Neck | Moderate (ii) | £13,740 to £24,990 | Soft tissue injuries or lesions of discs that are more severe. There may be a need for surgery or a vulnerability to future trauma. |
| Back | Severe (iii) | £38,780 to £69,730 | Disc lesions or fractures, or soft tissue injuries that result in chronic conditions resulting in disabilities such as. |
| Back | Moderate (ii) | £12,510 to £27,760 | Disturbed ligaments causing backache or soft tissue injuries that accelerate or exacerbate a pre-existing condition. |
| Digestive System | Serious | £16,790 to £27,760 | Serious non-penetrating injury causing permanent complications. |
| Wrist | Uncomplicated | In the region of £7,430 | Difficulty breathing that leads to the impacted person using an inhailer. |
Are Special Damages Awarded In Medical Negligence Claims?
Compensation for any financial losses sustained could also be awarded if your claim is a success. This head of a claim could account for losses such as:
- Home adaptations
- Care costs
- Loss of earnings
- Medical expenses
- Travel costs
An advisor from our team can provide you with a more personal estimate as to how much you could be owed if you get in touch.
Why Choose Our Panel Of Medical Negligence Solicitors?
There are many benefits to being represented by a medical negligence solicitor from our panel when claiming. They can help you build and present your case, which could make claiming a much less stressful process than it otherwise would be.
They could offer for you to enter into a Conditional Fee Agreement (CFA) which comes under the No Win No Fee umbrella. This means you don’t need to make any payment upfront or during the claims process. Furthermore, you generally only have to pay for the services provided by your solicitor if your claim is successful. Your solicitor will not charge you for the services they provide if your claim is not won.
If your medical negligence claim is won, you will owe your solicitor a success fee. This is capped by law, which guarantees you receive the majority of your compensation.
Please do not hesitate to get in touch with our team of advisors to find out if you have a valid claim. If you do, they could connect you with a medical negligence solicitor from our panel.
How To Contact Our Team
Our advisors are on call to offer you a free consultation at a time that suits you best. If you have an eligible claim, they could set you up with a No Win No Fee solicitor from our panel. To get in touch:
- Call us on 0800 652 3087
- Start your claim online via our website
- Use our live chat feature at the bottom of the screen
Learn More About Claiming For The Failure To Diagnose
Here are additional guides of our own that could be of use to you when claiming for medical negligence:
- How much could my medical negligence claim be worth?
- A guide on medication error claims
- How much could I claim for the failure to diagnose a heart attack?
We have also included further guides that might be of benefit when making a medical negligence claim:
- GOV – Statutory Sick Pay (SSP)
- House of Commons- NHS Key Statistics
- The General Medical Council – Raising And Acting On Concerns About Patient Safety
Thank you for reading this guide on the steps you can take if a hospital missed an injury as a result of medical negligence, and you were subsequently harmed. If you have any more questions, please contact our team of advisors.
Guide by Beck
Edited by Fern