When someone has a medical emergency, they trust paramedics and ambulance staff to give swift, effective treatment and get them to a hospital if needed. If a medical professional does not provide the correct level of care, and a patient was to suffer harm due to this it is possible they could make a negligence claim for compensation.
This guide will begin by explaining how medical negligence is established, also looking at the evidence that can support such a case.
We will also provide examples of negligence and lay out the heads of claim that can make up a settlement in a successful case, alongside some guideline compensation figures.
Lastly, you can learn about the dedicated support of our medical negligence solicitors and how they work under a specific No Win No Fee contract. Our advisors can explain this in detail, answer any of your questions and assess your case – all without charge. You can arrange a free consultation today by either:
Select A Section
- How To Make An Ambulance Or Paramedic Negligence Claim
- How To Prove Breach Of Duty By Paramedics
- Types Of Negligence By Paramedics And Ambulance Services
- Examples Of Paramedic Negligence Claim Payouts
- Contact A Specialist In No Win No Fee Medical Negligence Claims
- Related Articles On Negligent Medical Care Claims
Medical negligence cases will only proceed by meeting key eligibility criteria. You must be able to show in an ambulance or paramedic negligence claim that:
- The ambulance staff or paramedic owed you a duty of care;
- They did not provide the correct standard of care;
- This breach of their duty led to you suffering physical and/or mental harm.
A claim needs to begin in time and have supporting evidence to further its eligibility, both of which we will cover in the following sections.
Paramedic Negligence Claim Limitation Periods
The general time limit for medical negligence claims is three years, according to The Limitation Act 1980. This timer could begin from the date of the negligence itself, though there may be situations in which the three years start at the date of knowledge.
Certain cases may call for an exception to the normal limit. For example, time limits will work differently for an under-18 or someone without the mental faculty to start a claim.
Our advisors have plenty more information on this, so please do not hesitate to call or contact us online to discuss how long you may have to seek compensation.
You should seek out and retain as much evidence as possible to show there was a breached duty of care and that this led to you suffering harm that would have otherwise been avoided. Any of the following forms of proof can reinforce your paramedic negligence claim:
- Medical records, which you can request a copy of. This evidence would highlight the harm sustained and its severity.
- A diary recording your treatment and symptoms.
- Witness details, such as contact information.
- Documents showing financial loss, which we will discuss further when discussing payouts.
You may be medically assessed during a claim for further evidence. Another potential route is the Bolam Test, where medical professionals from the relevant field discuss your treatment and determine whether the paramedic or ambulance service provided the right care. This is something that will be arranged for you.
Speak to an advisor to learn more, including details on how our medical negligence solicitors could assist with gathering proof of negligence if you decide to work with one of them.
Emergency response staff are trained and have standards they must meet. It is vital for the health of the patient that they receive the correct standard of care. Possible scenarios of when that standard is not received:
- Not responding to a callout after a 999 call.
- A delayed arrival without any reasonable explanation. The level of delay depends on the expected response time, based on the category of call.
- A misdiagnosis upon inspection of the patient.
- Not recognising the patient’s urgent need for care.
- Failing to take emergency steps needed to prevent immediate harm
- Dropping or mishandling a patient when moving them.
Our advisors can discuss your personal experience and give insight into whether there could be grounds for an ambulance staff or paramedic negligence claim.
Should your paramedic negligence claim succeed, you would receive a settlement. This could be formed of up to two heads of claim, one of which is general damages.
This head seeks to compensate for the physical pain and mental suffering brought about by negligence. It will only consider issues diagnosed after the negligence occurred and not the injury or illness that prompted the callout. Your claim could be worth a significant amount if you suffered severe or multiple injuries.
Legal professionals will use medical evidence as part of the injury valuation process. They may also refer to the Judicial College Guidelines, a document we have used to collate the table below.
This table provides some guideline compensation brackets but is only a guide because the compensation awarded in each case is likely to vary.
|Brain Damage - Very Severe
|£282,010 to £403,990
|Cases attracting the highest award will feature the injured person having no language function or ability to respond to their environment.
|£219,070 to £284,260
|The patient receives a paraplegia diagnosis.
|Back - Severe (i)
|£91,090 to £160,980
|Most severe injuries which include spinal cord and nerve root damage.
|Neck - Severe (i)
|In the region of £148,330
|Incomplete paraplegia or spastic quadriparesis could come from an injury in this bracket.
|Leg - Severe (i)
|£96,250 to £135,920
|Injuries that do not involve amputation but are of a similarly serious nature.
|Psychiatric Damage - Severe
|£54,830 to £115,730
|The affected person has marked problems coping with life, work and education.
|£30,770 to £44,880
|One kidney is lost, with one healthy kidney remaining.
|£23,410 to £31,310
|There is a long-term impact on natural function, in spite of an almost total recovery.
|£20,800 to £26,290
|The spleen is lost or removed, with ongoing infection risks.
What Do Special Damages Compensate You For?
If general damages are awarded, you could also receive special damages compensation. This head of claim seeks to address monetary losses brought about because of negligence. On top of experiencing pain, you could find that you have lost out financially through no fault of your own.
As long as you can provide relevant evidence, you could seek compensation for, among other things:
- A loss of earnings if you are unable to work due to injury.
- Prescription fees.
- Necessary travel costs.
- Home or vehicle adaptations
Call our advisors if you are unsure when you can seek special damages or want to know what can be included in your ambulance or paramedic negligence claim.
Our solicitors have a wealth of experience in carrying out medical negligence claims and supporting people through the legal process. If you have a valid claim and want this support, you could be offered a Conditional Fee Agreement (CFA.)
A CFA is a type of No Win No Fee agreement where you would not pay for your solicitor’s services at all if the case loses. You pay no solicitor fees upfront or during the case.
A winning case would see your solicitor pick up a success fee from the compensation you receive. This is taken as a legally capped percentage of your compensation and terms can be found in The Conditional Fee Agreements Order 2013.
Start Your Paramedic Negligence Claim
You can arrange a call with an advisor at a time that suits you or talk to us online. Further to a free consultation, an advisor can take your details and assess your chances of receiving compensation. If it is valid, your paramedic negligence claim could be passed to a solicitor.
Start on this path today by:
Thank you for reading our guide on making an ambulance or paramedic negligence claim. Here are some more articles related to medical negligence claims which could give further insight:
- A focus on being in hospital due to the wrong medication being given.
- Looking at care home negligence compensation claims.
- How to complain about surgery gone wrong.
You could also find useful information in these external sources:
- The Health & Care Professions Council’s standards of proficiency for paramedics.
- General Medical Council’s professional standards for doctors.
- NHS Health A-Z.
Please get in touch with our advisors today if there is anything we can do to help.