By Danielle Parsons. Last Updated 5th July 2023. We have an outstanding team of medical negligence solicitors who are trained exceedingly in all areas of medical negligence law.
The team that operates within the area of medical and clinical negligence have a renowned reputation not just among the clients we have been more than happy to serve but among our piers within the area of medical negligence.
We deal with clients all over the UK as we offer our clients a tailor made service as we can provide medical experts and rehabilitation programs in areas desired by our clients so no need for any travelling or any inconvenience at all.
We can offer any potential clients free legal advice from one of our many specialised medical negligence solicitors who can answer any of your queries you may have regarding a medical negligence claims case.
We fully appreciate that victims of medical negligence are usually confused about whether to make a claim or not and for this reason, we offer a free consultation so that potential clients can speak to a medical negligence solicitor and not only find out if they have a valid claim but also so that any questions the victim may have can be answered by a professional.
By calling our free phone number on 0800 652 3087 you can speak to a highly trained medical negligence solicitor who will be able to assist you with your medical negligence compensation case and advise you of your options with no obligation to take your claim out with us.
Alternatively, you can fill in an online contact form just leaving key contact details and a small summary of the negligence incurred and a solicitor who specialises in the area of medical negligence which has occurred will call you back at a more convenient time for you.
The majority of medical negligence claim cases we take on are through our No Win No Fee agreement. When a client takes out a No Win No Fee agreement with us we can guarantee that they will not be at any financial risk regarding the outcome of their claim case.
For victims of medical negligence, we offer free legal advice and a free consultation so that potential clients can have any questions answered with no obligation to appoint us to represent their case.
With our No Win No Fee agreement potential clients can rest assured that they will not at any time be at financial risk and can concentrate on their recuperation.
What is Medical and Clinical Negligence?
Medical negligence is more recently being referred to as clinical negligence as it cannot only take place within the medical environment but it can occur anywhere within the health industry.
Clinical negligence can take place wherever a health care provider is providing a health or cosmetic service.
Medical and clinical negligence is an act or omission from a health care worker that service and/or treatment that they have provided to a patient or client hasn’t been of the standard it should have been and as a direct consequence of the negligence, the patient/client has suffered either mentally and/or physically as a consequence.
For the law to see any medical negligence case as valid it must fit into the following two criteria.
Breach of Duty
Within the law, for a treatment to be seen as medical negligence, it must be proven that the health care worker breached their duty of care and provided a service that was below the standard that it should have been. It must be proven that another health care provider of the same capabilities in a similar situation would not have been negligent.
For any victim of medical negligence to be able to bring a claim case forward the negligence that had been committed must have in some way whether mentally or physically harmed them as a direct result. It is not seen as enough for just an act of negligence to have happened the victim must have sustained further health problems or injury as a repercussion.
Types of Medical Negligence Claims
- Hospital Negligence
- GP Negligence
- Medical Misdiagnosis
- Delayed Diagnosis
- Wrong Diagnosis
- Delays in Medical Referral
- Pregnancy and Birth Negligence
- Dental Negligence
- Cancer Errors
- Orthopaedic Claims
- Surgery Errors
- Cosmetic Negligence
- Beauty and Hairdressing Claims
How Much Medical Negligence Compensation Could I Be Owed?
If your claim for medical negligence is successful, your settlement may consist of two heads of claim: general and special damages.
General damages are awarded to compensate for the physical pain and mental suffering caused by the medical negligence. Legal professionals will refer to a text titled the Judicial College Guidelines (JCG) to help value claims. The JCG lists different kinds of harm next to guideline compensation figures.
In our table below, we’ve listed a few figures from the 16th editions of the JCG. The table is only to be used as guidance.
|Type of Harm
|Moderately Severe Brain Damage
|This bracket includes brain damage that results in substantial dependence on others with a need for constant professional care. The award considers insight level, life expectancy, physical limitations, the degree of dependence, ability to communicate, behaviour problems and the significant risk of epilepsy.
|£219,070 to £282,010
|Less Severe Brain Damage
|Although claimant has made a good recovery, they may experience some persisting problems such as poor concentration and memory.
|£15,320 to £43,060
|The claimant suffers from the complete loss of bladder functioning, including control.
|Up to £140,660
|Leg Amputation (a) (iii)
|The claimant's leg as been amputated above the knee. The award considers the level of the amputation, phantom pains, associated psychological symptoms, successful prosthetics use, backache and osteoarthritis risks.
|£104,830 to £137,470
|Arm Amputation (b) (i)
|The claimant's arm has been amputated at the shoulder.
|Not less than £137,160
|Male Reproductive Organs
|The claimant has an uncomplicated case of sterility without aggravating features. They are a young person without children.
|£56,080 to £71,350
|Female Reproductive Organs
|The claimant suffers with infertility without any aggravating features. They are a young person without children.
|£56,080 to £71,350
|The claimant suffers from a total loss of natural kidney functioning.
|Up to £63,980
|The claimant suffers with non-serious symptoms related to bronchitis and wheezing. These leave little or serious or permanent effect on their lifestyle, but there may be some anxiety about the future.
|£20,800 to £31,310
|The claimant is at continuing risk of internal infection and disorders from the loss of their spleen.
|£20,800 to £26,290
Another factor that could affect how much medical negligence compensation you could be awarded are the expenses you incurred as a result of the harm you suffered. You could recover these expenses under special damages. If you are claiming special damages, you should provide evidence of your costs, such as receipts and bank statements.
Here are a few examples of what could be recovered under special damages:
- The cost of any specialised equipment you needed as a result of the medical negligence.
- Any costs associated with home help, such as requiring a carer to visit your home for bandage changes.
- If you required time off work to recover, you could claim for your loss of earnings and pension contributions.
- Extra medical expenses, such as the cost of prescriptions, could also be recovered.
The above list is not exhaustive but you can only claim special damages for the financial losses that resulted from the medical negligence not from the original illness or injury.
If you would like a free, personalised valuation of your potential claim, please get in touch with one of our advisors.
No Win No Fee Medical Negligence Claims – How to Fund Your Case
If you’re making a claim for an injury or illness sustained due to clinical negligence, a solicitor can make the process easier to understand. If you’re worried about the financial implications of funding legal help for medical negligence claims, then it may be helpful for you to know that the solicitors on our panel have worked with many clients on a No Win No Fee basis.
A No Win No Fee medical negligence solicitor would take a percentage of your settlement following a successful claim. The percentage they can take is capped by law.
If your claim is unsuccessful, you are not obliged to pay this fee to your lawyer under a No Win No Fee agreement. This can help to reduce the financial risk that making a claim could otherwise pose. Get in touch with our advisors today for more information.
Once we know more about your circumstances, we could connect you with a lawyer from our panel to help get the process of making a claim started.
What is the Medical Negligence Time Limit?
Time limits for medical negligence are quite strict, to say the least.
For the majority of medical negligence cases, the time limit is 3 years from when the negligence took place however there are exceptions and these include:
- Minors – a person under the age of 18 is considered a minor. For minors that have been a victim of medical negligence, they have 3 years after they turn 18 the age of adulthood to pursue a claim for medical negligence.
- Those suffering from a mental illness – if a victim of medical negligence is suffering from a mental illness then they have 3 years after they make a full recovery to bring a claim for medical negligence if they do not recover from the mental illness then they do not have a time limit at all.
- Date of knowledge – it is not always apparent from the outset when a negligent incident has occurred it may not be until sometime later that the victim of the medical negligence is aware that the incident took place and for this reason, the time limit does not begin until the victim is aware of the negligence.
Learn More About Medical Negligence Claims
Below, you can find links to all of our medical negligence claims guides:
- A guide to medical negligence claims
- Punctured lung injuries negligence claims
- Dry needling gone wrong claims
- MRSA claims
- Acupuncture gone wrong – negligence claims
- Eye injury medical negligence
- Neurological medical negligence
- Respiratory illness clinical negligence claims
- Nerve injury caused by medical negligence – how to claim
- Spina Bifida negligence claims
- Needlestick injury claims
- How much could my medical negligence claim be worth?
- Retained placenta negligence claims
- Private healthcare medical negligence
- Facelift surgery negligence claims
- Coolsculpting and fat freezing negligence claims
- Liposuction negligence claims
- Orthopaedic negligence
- Clinical negligence in a nursing home
- How to make a claim for midwife negligence
- Carpal tunnel syndrome and medical negligence
- Medical negligence compensation calculator
- Lost medical records claims
- What is the medical negligence time limit?
- Claims for negligent cool sculpting and fat freezing
- Failure to prevent suicide – can you claim?
- Ophthalmic negligence claims
- Defective medical devices claims
- Amputation negligence
- Anaesthetic negligence claims
- A&E medical negligence
- Hip dysplasia claims
- Medication Errors In Healthcare Claims
- Delayed Ankle Fracture Diagnosis Claims
- Retained Foreign Body Claims
- Delayed Hip Fracture Diagnosis Claims
- What Are Never Events And How Do I Claim For Them?
- Medication Errors By Nurses – Could I Claim?
- Prescription Errors Compensation Calculator
- Wrong Tooth Extraction – How To Claim
- Doctor Didn’t Refer Me For A Mammogram Assessment – How Do I Claim?
- Failure To Diagnose Ectopic Pregnancy – How To Claim Compensation
- Negligent Doctors – How To Claim Compensation
- Eustachian Tube Dysfunction Misdiagnosed – How To Claim
- Eye Surgery Or Vitrectomy Surgery Has Gone Wrong – How Do I Claim?
- Wrong Route Medication Errors – Could I Make A Compensation Claim?
To learn more about medical negligence claims, please get in touch.