If you have suffered due to negligent doctors, you could be wondering, “can I make a medical negligence claim?”. All medical practitioners owe patients they accept to treat a duty of care. This means that they must provide the correct standard of care so as not to cause any unnecessary harm.
You could have questions, such as:
- What is medical negligence?
- How much compensation could I receive for a medical negligence claim?
- Are there time limits surrounding these types of claims?
This guide will seek to provide you with all of the answers to those questions. Beginning with what claims against doctors entail and the medical negligence claiming criteria. Additionally, we will examine the impacts that a doctor’s negligence can have on you.
However, if you would prefer to speak with an advisor from our team, you can do so. They are available 24 hours a day, 7 days a week, to offer you a consultation completely free of charge. To get in touch:
Select A Section
- A Guide To Claims Against Negligent Doctors
- What Is Medical Negligence?
- How To Claim Against Negligent Doctors
- Calculating Payouts For Harm Caused By Negligence Doctors
- No Win No Fee Medical Negligence Solicitors
If you decide to make a medical negligence claim after you have been harmed by a negligent doctor, it is important to be able to satisfy the eligibility criteria. For instance, this would mean being able to answer yes to the following three questions:
- Were you owed a duty of care?
- Was this duty of care breached?
- Did you suffer an injury or illness that could have been avoided?
Furthermore, not only do you need to meet the above criteria you must also be within the medical negligence limitation period. According to the Limitation Act 1980, all claims must be started within 3 years. This time limit can start on the date you were harmed or the date you become aware of medical negligence. Please note there are exceptions to this rule for minors and those who lack the mental capacity to be able to claim for themselves.
To find out if you have an eligible claim after suffering harm due to a doctor being negligent and also to find out if you are within time to start a claim, call our advisors today. They can assess any case for free, provide free legal advice, and advise on your next steps.
Medical negligence means deviating from professional standards and causing harm that could have otherwise been avoided. Sometimes when receiving treatment, you could be further injured. For instance, you may encounter necessary harm, such as a doctor breaking your leg to correct a break that has healed incorrectly. This is not medical negligence.
The harm caused by medical negligence can be an unnecessary injury or illness that could have been prevented had the standard of care been at the correct level.
Reasons For Medical Negligence Claims
- Medication errors – a doctor fails to check a patient’s notes and prescribes them medicine that they are allergic to. This caused the patient to suffer an allergic reaction.
- A doctor fails to listen properly to a patient’s symptoms and therefore misdiagnoses them. This causes their current condition to get unnecessarily worse.
- The doctor in A and E fails to notice the clear fracture on the X-ray. The patient’s fracture worsens and now needs surgery.
Medical Negligence Statistics
As per NHS reports made between April 2020 and March 2021, 364 serious incidents that could meet the definition of a ‘never event’ occurred. A never-event is a serious and preventable incident caused by a failure to follow existing guidance or safety recommendations.
Common examples of never events include:
- Wrong-site surgery
- Retained foreign object post-procedure
- Misplaced tube or feed incorrectly administered
If you have suffered an injury due to negligent doctors, please get in touch with an advisor from our team.
To make a valid medical negligence claim, the onus will be on you to prove you have been harmed by a medical professional because they breached their duty of care to you.
It is vital to gather evidence to support your case. This could include:
- Seek medical attention for the avoidable harm. Not only will this ensure you get the treatment you need to recover, but it will also log any diagnosis and further treatment you needed as a result.
- Keep correspondence with relevant medical professionals; this may establish the harm that has been caused.
- If possible, take images of any visible injuries.
- Log the impacts on your life in a diary.
- Keep a record of monetary losses
You then may wish to seek legal advice. Our advisors are here to help you with any questions you may have at all times.
Successful claims for medical negligence compensation can include general damages and special damages.
Firstly, you will be awarded general damages for any pain and suffering that is caused due to your injuries. This takes into consideration both physical and mental harm.
We have put together a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). These guidelines are used by legal professionals when valuing general damages. But as the name suggests, they should only be taken as a guide.
|Form Of Injury
|Epilepsy (B) Established Petit Mal
|£54,830 to £131,370
|This bracket will take into account whether attacks can be controlled with medication, the effects the condition has on daily life and the prognosis.
|Male Reproductive System - (B) Impotence
|£114,900 to £148,320
|Total loss of sexual function and sterile in a younger claimant.
|Female Reproductive System (A)
|£114,900 to £170,280
|Infertility due to disease or injury. The person also has severe depression/ anxiety as well as scarring and pain.
|Bowel Injury (B)
|Up to £150,110
|Dependent on coloscopy and natural function lost.
|Bladder Injury (C)
|£63,980 to £79,930
|The injury seriously impairs bladder control. The person suffers incontinence and pain
|Kidney Injury (C)
|£30,770 to £44,880
|Loss of one of the kidneys without damage to the other kidney.
|Spleen Injury (A)
|£20,800 to £26,290
|Loss of the spleen with continued risk of suffering an infection or other related disorders.
|Spleen Injury (B)
|£4,350 to £8,640
|Where the risks in the above category are minimal or not present at all.
Whereas special damages account for any financial losses you may have suffered due to your injuries. For example:
- Home adaptations
- Care costs
- Medical expenses
- Loss of earnings
You should keep a record of all monetary losses so that they can be included as part of your claim.
If you would like a more in-depth analysis of how much compensation you could be owed, please get in touch with an advisor.
A No Win No Fee solicitor could offer their representation under a Conditional Fee Agreement CFA.
All law firms have their own version of a CFA, but generally, it means no solicitors fees needed to be paid by you upfront.
Therefore, if your medical negligence claim is successful, you will pay a success fee. This is capped percentage of the compensation. Therefore, if your case fails, there is no success fee to pay.
Call our advisors for free today to find out if a medical negligence solicitor can take on your case using a Condition Fee Agreement.
As previously stated, our advisors are here to provide free legal advice 24 hours a day, 7 days a week. If they judge you to have an eligible claim, they may connect you with a medical negligence lawyer from our panel.
To get in touch:
Find Out More About Claims Against Negligent Doctors
Here we have included some of our own guides that may be helpful:
We have also provided some additional guides that you may find useful:
- NHS Resolution – Annual report statistics
- Care Quality Commission (CQC) – Report a concern if you are a member of the public
- GOV – NHS Constitution for England
Thank you for reading our guide on claiming for medical negligence after being harmed by negligent doctors. If you still have any questions, please get in touch with our advisors.