In this guide, we will discuss when you could be eligible to seek compensation for the avoidable harm you suffered due to X-ray negligence. It will discuss the requirements that must be met in order to make a medical negligence claim as well as the time limits you need to adhere to.
X-ray negligence claims guide
All medical professionals, including nurses, GP’s, doctors and surgeons, have a duty of care to their patients. If they fail to uphold this duty, it could lead to a patient experiencing harm that could have otherwise been avoided. We’ll discuss the steps you could take if you have experienced a similar incident, including the evidence you can gather to support your case and the ways a solicitor could help you.
Additionally, this guide will explore the settlement you could be awarded if you make a successful medical compensation claim.
For more information, please get in touch with an advisor for free legal advice. They can answer any questions you might have regarding your potential case. To reach them, you can:
- Contact us online
- Call us on 0800 652 3087
- Talk with one of our advisors through our live support feature
Select A Section
- Can I Claim For X-Ray Negligence?
- What Is Radiology and How Can It Go Wrong?
- Evidence Supporting Medical Negligence Claims
- Estimating X-Ray Negligence Claim Payouts
- Why Contact Us About Medical Malpractice Claims
- Learn More About Radiology And Medical Negligence
Can I Claim For X-Ray Negligence?
You could be eligible to seek compensation for the avoidable harm caused by X-ray negligence, if you can prove the following:
- A medical professional owed you a duty of care,
- They breached this duty of care by providing care that fell below the correct standard,
- You experienced avoidable harm as a result. This is known as medical negligence, for which you could be eligible to claim.
Medical professionals owe a duty of care to provide patients with care that meets the correct standard. There will be different ways they can uphold this duty depending on what field they work in. For example, doctors can refer to the General Medical Council’s ethical guidance for doctors whilst the Royal College of Nursing sets out the duty of care for nurses.
How Long Do I Have To Claim For X-Ray Negligence?
When making a claim for X-ray negligence, you should be aware of the time limits. Generally, you’ll have three years from the date of medical negligence, or the date that you became aware that medical negligence occurred to start your claim. This is set out in The Limitation Act 1980, but there are exceptions to this.
Firstly, if the claimant lacks the mental capacity to make a medical negligence claim, or they are under the age of eighteen, the time limit is suspended. The courts may appoint a litigation friend to help make a claim on behalf of the claimant whilst the time limit is paused.
If the person gains the mental capacity that is required to make their own claim, and no claim has already been made on their behalf, they will have three years from the recovery date. Similarly, if no claim is made on behalf of a child by the time they turn 18, they will have three years from their 18th birthday.
For more information on the time limits, exceptions to these limits and eligibility, please get in touch using the number above.
What Is Radiology and How Can It Go Wrong?
Clinical radiology is the use of medical imaging to look inside the body to diagnose, treat and monitor diseases as well as injuries. Radiologists can use different types of imaging techniques including X-rays.
X-rays are defined by the NHS as a type of radiation that can pass through the body. They are commonly used in hospitals and can produce images of inside the body. Medical professionals can use them to identify irregularities in the body and to give insight into what could potentially be wrong with a patient. For example, they could detect bone fractures and breaks, pneumonia and certain types of cancer or tumours, including breast cancer and lung cancer.
If an X-ray is performed incorrectly or the scan is interpreted incorrectly, it could lead to a patient experiencing complications. For example:
- Missed fracture. You may be referred for an X-ray with a suspected broken leg. However, the radiologist may position your leg incorrectly, resulting in poor images. As a result, you are incorrectly diagnosed with a sprain.
- The results from an X-ray that was ordered for suspected lung cancer are misplaced. This leads to diagnostic delays.
- The results of your X-ray which was ordered to help detect pneumonia are incorrectly read. As a result, the condition is missed and you are incorrectly diagnosed with a chest infection instead.
Not all incidents of harm experienced in a hospital will form the basis of a valid hospital negligence claim. To find out when you could be eligible to seek compensation for X-ray negligence, get in touch on the number above.
Evidence Supporting Medical Negligence Claims
When making a medical negligence claim, you’ll have to provide evidence to support this. Examples of the evidence you could gather includes:
- Copies of X-ray scans
- Prescriptions
- Doctor reports
- Hospital reports
Additionally, the findings from the Bolam test could also be used as evidence to support your case. This involves a group of relevantly trained medical professionals assessing whether the correct care was provided.
If you’re struggling to gather sufficient evidence to support your claim, our team of advisors can put you in touch with a medical negligence solicitor from our panel. They can help you build and present your X-ray negligence case in full.
Estimating X-Ray Negligence Claim Payouts
After making a successful medical negligence claim, your compensation could be made up of two heads. The first of these that we’ll discuss is general damages.
This aims to compensate for the pain or suffering that you have experienced as a result of X-ray negligence. The following figures have been taken from the Judicial College Guidelines. This is a document used by solicitors to help them calculate the general damages aspect of your settlement. You can use them as an alternative to a medical negligence compensation calculator.
However, the figures provided below are not a guarantee due to the variety of factors that have to be considered when evaluating medical negligence claims.
| Injury | Compensation | Notes |
|---|---|---|
| Lung Disease (a) | £100,670 to £135,920 | Young person with a serious disability where the is a probability of progressive worsening until death. |
| Lung Disease (b) | £70,030 to £97,330 | Lung cancer in an older person causing pain that is severe and function impairment. |
| Arm (b) | £39,170 to £59,860 | Serious fractures affecting either one or both forearms. This causes significant functional or cosmetic disability. |
| Severe Leg Injuries (b) (iii) | £39,200 to £54,830 | Serious compound fractures. |
| Very Severe Ankle Injuries (a) | £50,060 to £69,700 | A bilateral ankle fracture causing joint degeneration at a younger age. |
| Hand (f) | Up to £36,740 | Severe finger fractures. |
| Wrist (e) | In the region of £7,430 | A Colles' fracture that is uncomplicated. |
How Else May I Be Compensated?
Special damages are the other head of claim that you could be eligible to receive following a successful medical negligence claim. It reimburses you for any financial losses that you have experienced as a result of X-ray negligence. This can come in the form of:
- Medication costs
- Cost of care
- Loss of earnings
- Price of renovations to a home
- Travel expenses
You’ll have to provide evidence to prove these losses. This can come in the form of invoices, bank statements and receipts.
For more information on the compensation you could be awarded should your claim succeed, get in touch on the number above.
Why Contact Us About Medical Malpractice Claims
If you have a valid claim, you can choose to work with our panel of solicitors. They can represent your claim under a type of No Win No Fee Agreement called a Conditional Fee Agreement (CFA). This typically means, if your claim fails, you won’t be expected to pay for the work completed on your case by your solicitor.
However, in the scenario that you’re claim is successful, you’ll have to pay a success fee to your solicitor. This is a legally capped percentage that comes out of your compensation. The Conditional Fee Agreements Order 2013 sets the cap on this percentage.
Speak To Our Expert Team
If you’d like to learn more about medical negligence claims, then you can read more of our guides below:
- Birth injury negligence compensation claims
- Brain injury negligence claims guide
- Delayed diagnosis compensation claims guide
Additionally, you can use the following links to learn more:
- GOV – Statutory Sick Pay
- GMC – What To Expect From Your Doctor
- NHS Resolution – Annual Report Statistics
Thank you for reading this guide on X-ray negligence. If you have any other questions, please get in touch using the number above.
Guide by Louis
Edited by Meg