Being harmed because you were given substandard medical care can have big consequences on your life. When you seek medical treatment, you should expect to receive at least the correct standard of care. You don’t expect to suffer harm that was avoidable or a condition you already have made worse.
On this page, we discuss what is involved in the process of medical negligence claims and we answer some commonly asked questions. We cover topics such as what duty of care is owed to you by medical professionals, when you might be eligible for medical negligence compensation, and how a medical professional could potentially breach their duty of care.
Moreover, we also cover topics such as how much compensation could be awarded for successful medical negligence claims, what evidence you need to support your case, and why making a compensation claim on No Win No Fee terms is extremely beneficial for clients.
We have an excellent team of specialist No Win No Fee solicitors who are trained in handling claims covering all areas of medical negligence law. Our team help clients all over the country and puts them at ease about any of the complicated legal processes.
So, continue reading to learn more about medical negligence claims and whether you could potentially connect with a solicitor. Alternatively, if you have a question that is not covered on this page or you want to inquire about starting a claim, please contact us. Our contact services are live 24/7 and are free to use:
- Call 0800 652 3087.
- Enquire about a claim online.
- Send a message into our live chat box.
Jump To A Section
- What Is Medical Negligence?
- Can I Make A Medical Negligence Claim?
- What Are Examples Of Medical Negligence?
- What Is The Medical Negligence Claims Process?
- Can I Make A Compensation Claim Against A Private Hospital?
- How Much Compensation For Medical Negligence Claims?
- What Is A Patient Recall Letter?
- How Long Do I Have To Claim For Medical Negligence?
- Can I Claim On Behalf Of A Loved One?
- What Do I Need To Claim Medical Negligence Compensation?
- What Happens If My Child Has Suffered Medical Negligence?
- Will My Medical Negligence Claim Impact My Current Treatment?
- Will I Need To Attend A Medical Exam To Make A Compensation Claim?
- How Can Our No Win No Fee Solicitors Help You Claim?
- Read More About Medical Negligence Claims
What Is Medical Negligence?
Medical negligence is when a patient suffers harm that should have been avoided (avoidable harm) because a medical professional breached a duty of care that they owed the patient.
All medical professionals, such as doctors, nurses, GPs, surgeons, and pharmacists, owe a duty of care to all patients that they treat. To adhere to their duty of care, medical professionals must always provide the correct standard of care. If the minimum expected standard of care is not met by a medical professional, then this is a breach of their duty of care.
Can I Make A Medical Negligence Claim?
To make a medical negligence claim, you have to prove that medical negligence occurred. As such, here is the eligibility criteria you must meet:
- A medical professional owed you a duty of care, such as your GP.
- The medical professional breached their duty of care by acting in a way that any other medical professional wouldn’t.
- As a result of this, you suffered avoidable harm. For example, you sustained a nerve injury.
The next section discusses some specific examples of how medical negligence could occur. Alternatively, to discuss your specific circumstances, please get in touch with us today and an advisor can give you a free assessment of your case.
What Are Examples Of Medical Negligence?
There are numerous ways how a medical professional could provide substandard care to a patient and, consequently, cause them to suffer avoidable harm. Here are just some examples:
- Misdiagnosis. For example, you visit A&E with very clear symptoms of a pulmonary embolism, such as deep vein thrombosis (DVT), and chest and leg pain. However, you were diagnosed with having a chest infection. The misdiagnosed blood clot could cause a stroke if the blood clot travels up your body. Strokes could cause brain damage.
- Unhygienic practices. For example, if nurses on a ward do not change their blue latex gloves or wash their hands in between giving patients an IV drip, a patient could get an infection from another patient, such as methicillin-resistant Staphylococcus aureus (MRSA). If a patient contracts MRSA, or any other infection, the infection could develop into septicaemia (sepsis).
- Prescription errors. For example, in a nursing home, the staff ordered the wrong medication for a resident. The wrong medication that they ordered contains an ingredient that the resident is allergic to. Not getting the medication you require can make a condition worse. Additionally, medication allergic reactions can also lead to anaphylactic shock.
- Negligent cosmetic treatment. For example, you are undergoing a facelift, but the surgeon loses concentration and accidentally slips with the scalpel, causing unsightly facial scarring.
There are many more ways medical negligence could occur. Please feel free to discuss your specific circumstances with us.
What Is The Medical Negligence Claims Process?
The medical negligence claims process begins when you confirm the eligibility of your claim and get connected with one of our solicitors.
Our medical negligence solicitors help claimants throughout the claims process:
- Send correspondence to the defendant.
- Explain legal jargon.
- Update you as soon as there’s any progress with the case.
- Help you collect your evidence.
- Sort legal representation if your claim has to go to court.
- Complete the Pre-Action Protocol.
The Pre-Action Protocol for clinical disputes is a set of actions that must be followed in order to try and settle medical negligence cases before they need to go to court.
Here are the steps involved in the Pre-Action Protocol:
Obtain Health Records
The claimant should request to obtain their medical and health records as part of their evidence.
Rehabilitation
Both parties must evaluate whether the claimant needs rehabilitation treatment.
Letter Of Notification
The claimant or their solicitors must send a Letter of Notification to the defendant. This letter must state that a Letter of Claim is likely going to be sent due to a breach of duty being identified.
The defendant must acknowledge that they have received the Letter of Notification within 14 days.
Letter Of Claim
The claimant or their medical negligence solicitor must then send a Letter of Claim to the defendant. This letter must detail the basis of why a medical negligence claim is being made, such as the main allegations of negligence and the claimant’s prognosis.
The defendant must acknowledge that they have received the Letter of Claim within 14 days. The defendant also must send a Letter of Response to the claimant within 4 months.
Letter Of Response
The defendant must send a Letter of Response to the claimant. This letter must respond to the Letter of Claim, pointing out details such as whether liability is being admitted or not.
Experts
Separate expert opinions may be needed if the claim is still not settled at this point.
Alternative Dispute Resolution
If the claim is still not settled at this point, then both parties should try to resolve their dispute by means of arbitration, mediation, or negotiation. Alternative Dispute Resolution (ADR) must be considered before the case has to go to court.
For more information on any of these steps, please contact us.
Can I Make A Compensation Claim Against A Private Hospital?
Yes, you can make a medical negligence case against a private hospital if you can prove that you suffered avoidable harm because they breached their duty of care.
The medical negligence claims process for suing the NHS and suing a private hospital are very similar. If you want to claim against a private hospital, you will likely claim against the specific private institution where you suffered medical negligence. They will likely have insurance to cover themselves and they will expect to have to pay compensation for successful medical negligence claims.
If you have any queries at all about hospital negligence, please contact us.
How Much Compensation For Medical Negligence Claims?
Compensation awarded for successful medical negligence claims may be divided into two separate damages. These are called general and special damages.
General damages address the physical and psychological effects you are suffering due to medical negligence. Here are some factors that are considered:
- The extent of your pain.
- What the estimated recovery period is.
- Loss of amenity.
You might be invited to attend a medical assessment during the medical negligence claims process. The reports that the independent medical expert produces can be used along with the Judicial College Guidelines (JCG) to help determine what your general damages value should be.
The JCG is a document that contains different guideline compensation values for different physical and psychological injuries and illnesses.
Compensation Table
We have provided a table with information from the JCG (all guideline values except for the first are from the JCG). These are just some examples of what types of injuries may be suffered following negligent medical care.
However, please note that this table is just a guide. No set values can be guaranteed for medical negligence claims since all circumstances are unique.
| Type of injury | Severity | Guideline compensation values | Notes |
|---|---|---|---|
| Multiple types of serious harm with special damages | Serious | Up to £1,000,000+ | Compensation for sustaining more than one type of serious harm with what expenses the harm has cost, such as professional care costs and loss of earnings. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | 'Locked-in syndrome' is a case included within this bracket. |
| Moderate (c) (iii) | £52,550 to £110,720 | The person's ability to work will be reduced and their memory and concentration will be affected. They might also suffer a small risk of epilepsy. | |
| Kidney | Loss or serious and permanent damage (a) | £206,730 to £256,780 | To both kidneys. |
| Loss of one kidney (c) | £37,550 to £54,760 | Where the other kidney is unaffected. | |
| Bowel | Double incontinence (a) | Up to £224,790 | Total loss of natural function and control in the bowel and bladder. The person will also suffer other medical complications. |
| Total loss of natural function (b) | Up to £183,190 | The person will depend on a colostomy. | |
| Bladder | Total loss (b) | Up to £171,680 | Of function and control. |
| Serious impairment of control (c) | £78,080 to £97,540 | Along with some incontinence and pain. |
Can I Claim For Financial Losses Caused By Medical Negligence?
Special damages address the costs you have incurred due to medical negligence. These costs may include:
- Loss of earnings for needing time to recover.
- Medical bills such as buying prescriptions.
- Professional care costs.
Special damages are not always awarded in successful medical negligence claims. For this reason, keeping any receipts, payslips, bank statements, and invoices will be extremely useful.
Our team can tell you more about how compensation is calculated for successful medical negligence claims. Additionally, you can also check out our medical negligence compensation calculator.
What Is A Patient Recall Letter?
A patient recall letter is when a hospital or trust gets in touch with people who have received treatment previously to ask them to come to the hospital again to be re-examined.
People may receive a patient recall letter if the hospital or trust has concerns that either a medical professional’s care, or a particular type of treatment or surgery, fell below the correct standard. It is their duty to contact patients to make them aware of these concerns.
Despite this, receiving a patient recall letter does not necessarily mean that medical negligence has occurred. Sometimes, patient recall letters are sent due to due diligence.
If you have received a patient recall letter, you can talk to our advisors.
How Long Do I Have To Claim For Medical Negligence?
Typically, you have 3 years to begin a medical negligence claim, as per the Limitation Act 1980. This typical time limit commences from the date you either suffered medical negligence or you became aware that you suffered medical negligence.
However, some circumstances might lead to the time limit being temporarily paused. These circumstances are if the claimant:
- Is under 18.
- Does not have the mental capacity to be able to claim.
For these cases, a litigation friend may pursue the claim on the claimant’s behalf if the court agrees. The litigation friend is able to pursue the claim until the claimant either:
- Turns 18.
- Recovers their mental capacity.
If a litigation friend has not pursued the claim by this point, then the typical time limit commences.
For more information on the medical negligence claims time limit, please get in touch.
Can I Claim On Behalf Of A Loved One?
Yes. As we have previously mentioned when discussing the medical negligence claims time limit, if a loved one has suffered medical negligence and does not have the mental capacity to be able to claim by themselves, then you could claim on behalf of them as a litigation friend.
What Do I Need To Claim Medical Negligence Compensation?
You will need evidence to support your claim for medical negligence compensation. Your evidence needs to prove how a medical professional breached their duty of care and how you were injured from this.
As such, some useful types of evidence include:
- Medical notes and copies of your medical records that can show the effects of your avoidable harm.
- Any witness contact details if someone came with you to your medical appointment and witnessed that you received negligent medical care.
- Copies of your prescription forms or the packaging it came in.
- Photographs of any visible effects of your avoidable harm.
The Bolam Test might also be done during the medical negligence claims process. The Bolam Test is where a panel of medical experts within the same field as your medical treatment decide whether they would have acted the same or differently to the medical professional(s) that treated you. If they agree that the particular medical professional acted negligently, then this can support your claim.
If you wish to learn more about how to prove medical negligence, please give us a call.
What Happens If My Child Has Suffered Medical Negligence?
As we have previously mentioned when discussing the medical negligence claims time limit, if your child is under 18 years old and they have suffered medical negligence, then you could claim on behalf of them as a litigation friend.
Will My Medical Negligence Claim Impact My Current Treatment?
No. Regardless of whether you are currently receiving treatment, if you have experienced medical negligence and have evidence to support yourself, then you have every right to pursue a clinical negligence claim. You can not be discriminated against for pursuing a claim if you are eligible for medical negligence compensation.
If you feel that your current treatment has been affected due to the fact that you are making a medical negligence claim, this is something to bring up with your solicitor if you have appointed one.
Will I Need To Attend A Medical Exam To Make A Compensation Claim?
As part of the medical negligence claims process, you may be asked to go for a medical exam conducted by an independent medical professional. The reports from this exam can be used as evidence to help evaluate your compensation.
Although it is highly probable that you will be asked, it is not always necessary to attend a medical exam when making a medical negligence claim.
How Can Our No Win No Fee Solicitors Help You Claim?
If your medical negligence claim is confirmed as eligible by one of our advisors, they will connect you with one of our specialist medical negligence solicitors. Our solicitors can then offer to work on your claim under a Conditional Fee Agreement (CFA).
Here is why a CFA is extremely beneficial for claimants:
- There are no upfront solicitor fees to pay.
- There are no ongoing solicitor fees to pay.
- If your claim is not successful, there are no solicitor fees to pay at all.
- Instead, if your claim is successful, your solicitor can take away a success fee. Success fees are a percentage of your compensation. However, the maximum percentage that solicitors can take is capped by the law. This ensures that no matter what, the majority of your compensation is yours to keep.
Contact Us
Contact us today to find out whether you have a valid medical negligence claim. Our advisors are available 24/7 for a free consultation. If you are put through to our medical negligence laywers, they can answer any of your questions and give you free legal advice.
Here is how to contact us:
- Call 0800 652 3087.
- Enquire about a claim online.
- Send a message into our live chat box.
Read More About Medical Negligence Claims
Here are just some of our medical negligence claims guides:
- Find out how you can also claim compensation against a medical institution if your data was compromised in a lost medical records data breach.
- Information on how to make a carpal tunnel syndrome medical negligence claim.
- Information on how to claim medical negligence compensation if your uterine cancer was misdiagnosed as adenomyosis.
Alternatively, these pages might be useful for you:
- General Pharmaceutical Council (GPC) – what standards pharmacy professionals should meet.
- General Medical Council (GMC) – what good medical practice is expected from doctors.
- Royal College of Nursing (RCN) – what is expected in a nurse’s duty of care.
Please don’t hesitate to contact us with any questions you have regarding medical negligence claims.