What Is A Medical Negligence Claim?
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If you have suffered avoidable harm due a medical professional not providing the correct standard of care, our dedicated team of No Win No Fee medical negligence solicitors can help you make a medical negligence claim
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What Is A Medical Negligence Claim?
100% No Win No Fee
If you have suffered avoidable harm due to substandard care, then our team of solicitors could help you make a medical negligence claim
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Getting medical treatment is stressful enough without having to worry that the care you received did not reach the expected standards. That’s why we at No Win No Fee Solicitor’s Co have put together this extensive guide to making a medical negligence claim.
While we can’t possibly cover everything, we’ve done our best to be thorough. You’ll find information on important areas such as “what is medical negligence?”, “who’s eligible to claim?” and “what compensation could I be entitled to?”
You’ll also see sections on the time limits, and when you can claim on behalf of a family member. Our final section examines the type of No Win No Fee contract our specialist medical negligence solicitors can offer.
To get in touch with our dedicated advisory team with questions or for a free eligibility assessment, use any of the contact information provided here:
- Call us on 0333 091 8598
- Or, contact us online by completing the callback form.
What Is Medical Negligence?
Medical negligence is where avoidable harm is caused to a patient due to receiving care that does not meet the correct standard. A duty of care, a legal responsibility to look after another’s wellbeing, is owed by all medical professionals to those they are providing care to ensure that the care meets the correct standard.
Medical negligence can occur in any healthcare setting. We’ve included several examples in the sections below.
Misdiagnosis
A misdiagnosis is any time your health condition is not properly identified despite having clear signs of that condition. This includes being diagnosed with something else or a delay in being diagnosed, although we will examine this in greater detail below.
An example of where a misdiagnosis can amount to medical negligence is if you showed clear signs of cancer yet your scans were misinterpreted and you were therefore not diagnosed, resulting in the cancer spreading.
Incorrect Treatment
Incorrect treatment is exactly what it sounds like. Errors at the hospital, GP surgery or specialist clinic resulted in your receiving the wrong treatment. An obvious example of this would be unnecessary surgery.
So, where a medical professional fails to fully explain alternatives to surgery that would have worked for your case and been much less invasive, and performs the surgical procedure anyway. You could be entitled to compensation for the pain, scarring and other complications that arise from the surgical procedure.
Medication Errors
This means that you were administered the wrong dosage, the wrong type of medication or you were given something you had a known allergy to, resulting in severe anaphylaxis.
Delayed Diagnosis
A delayed diagnosis is where your condition is correctly identified but it has taken much longer than it should have done. This can be as a result of poorly performed or wrongly interpreted tests, a failure to identify symptoms or medical professionals not referring their patients for additional tests.
This can have lasting and severe impacts, including a reduction of life expectancy if a cancer diagnosis is delayed and the tumours spread to other organs or your bones.
Failure To Monitor
Patients should be adequately monitored while in the hospital. This is particularly important post-surgery, or if the patient has breathing difficulties or heart problems, for example. Failing to monitor patients can mean choking, cardiac arrest or other serious sudden developments are not spotted, and the patient is put at serious risk.
It can also mean that bed sores, infections and other less immediate health concerns are missed, which can result in severe medical complications.
Failure To Refer
Failure to refer means a medical professional does not send their patient for additional tests or examinations despite their showing clear symptoms of something being wrong.
For example, a medical professional does not refer their patient for further testing or scans despite their showing clear signs of a stomach ulcer. The ulcer later burst, requiring emergency surgery, causing significant pain and scarring.
Errors In Surgery
Surgical errors encompass any mistake during surgical procedures. These can vary greatly in their severity and impact depending on the surgery being performed, but all surgeons are expected to abide by the code of conduct from the Royal College of Surgeons.
So, if you were having surgery on your face, and an incision was made too deep, you could end up with facial paralysis due to nerve damage.
Never Events
A never event is always medical negligence. This is a list of medical mistakes that would not occur if the correct standard of care is provided. A clear example of this is wrong site surgery. This is where you were scheduled to have an operation on your left knee for example, but errors in the hospital resulted in surgeons beginning the procedure on your right knee.
Read on to find out the eligibility criteria to begin a medical negligence claim, or contact our advisors for a free assessment today.
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Am I Eligible To Make A Medical Negligence Claim?
Yes, in certain circumstances, you are eligible to make a medical negligence claim. As we said above, medical negligence occurs when a medical professional fails to provide care at the correct standard and causes their patient to experience avoidable harm. This duty applies in both public and private healthcare settings to all medical professionals.
The eligibility criteria can be summarised as follows:
- You were owed a duty of care by a medical professional.
- This duty was breached when that medical professional failed to meet the correct standard of care.
- This failure caused you avoidable harm.
You can get a free eligibility assessment by contacting our advisory team.
Can I Make A Medical Negligence Claim Against The NHS?
You most certainly can. While it’s understandable that many people have concerns about claiming against the NHS and the risk of affecting frontline health services, this is not the case. NHS Resolution, the arms length body for dealing with clinical disputes, has funds set aside for the sole purpose of settling medical negligence cases when they arise.
Our advisors can tell you more about claiming against an NHS healthcare provider via the contact information given below.
Can Claims Be Made On Behalf Of A Loved One?
In order to claim on behalf of a loved one, they would need to be unable to claim for themselves. There are two scenarios where this is applicable, where the patient is a minor, and where they lack sufficient mental capacity to claim for themselves.
As a parent or legal guardian, you can be appointed by the court or apply to act as your loved one’s litigation friend. This would give you the authority to make decisions about the claim on their behalf, and attend court in their stead if there is a hearing.
In cases involving minors, any compensation is held by the Court Funds Office until they reach 18. You can find out more about claiming on behalf of another by talking to our advisory team.
How Much Medical Negligence Compensation Could I Get?
How much medical negligence compensation you could get depends on your circumstances. There are two heads of claim under which medical negligence compensation can be calculated. These are:
- General damages: compensation for physical harm and psychological distress.
- Special damages: compensation for financial losses. We’ll examine this head of claim in more detail below.
Those tasked with calculating a potential general damages value can refer to your medical documents, alongside the Judicial College Guidelines (JCG). This publication sets out guideline compensation figures for various types of harm, a broad selection of which have been used in the calculator below.
Compensation Calculator
Please be advised that this information has been included for guidance purposes only.
Compensation Bracket: 0.00
Special Damages
The second of the two heads of claim, special damages, compensates for the financial harm caused by the substandard care. As this head of claim accounts for both past and future losses, and attempts to quantify the impact of the avoidable harm on your day to day life, it is very often the case that special damages payouts will be much higher than anything paid out under general damages.
Examples include:
- Lost earnings due to absence from work to recover from the harm caused.
- Loss of future earnings if you are unable to work or need to work reduced hours.
- Medical expenses including private treatment, prescriptions and physiotherapy.
- Domestic care and support including caring for dependants, preparing meals, cleaning and tending any outside space if you cannot do these tasks safely on your own.
- Home adaptations. For example, stairlifts, ramps and modified showers.
- Transport costs if you can no longer drive.
Make sure you hold onto your payslips, travel tickets and receipts as proof of any financial losses you incur.
This section is intended to provide guidance on how medical negligence compensation payouts can be calculated. For a free assessment of your eligibility to claim in your specific circumstances and a better idea of what your potential claim could be worth, get in touch with our advisors today.
How To Make A Claim For Medical Negligence
An important part of making a medical negligence claim is providing sufficient supporting evidence. This evidence has two purposes:
- Prove that the care you received fell below the expected standards and caused you avoidable harm.
- Help your legal team to determine an accurate compensation figure for the claim.
Examples of evidence you could use for your claim include:
- Medical records showing what care was given and how it fell below the correct standards. This can be copies of any tests results, scans, or examination notes for example.
- Contact information for potential witnesses so they can provide a statement during the claims process. Anyone who saw the care you received could be a witness, so be sure to have the correct contact information.
- Proof of financial losses.
- Any findings from the Bolam test.
The Bolam test is applied in some, but not all, medical negligence cases. It involves medical professionals from the relevant field examining the care you received and determining whether or not the correct standards were met.
This is something you won’t need to worry about organising yourself, but if used, the test can be very useful evidence for your claim. Inquire further about the types of evidence that may be available to you by talking to our advisors.
What Is The Medical Negligence Time Limit?
In a typical medical negligence case, there will be a time limit of 3 years to start your claim, as per the Limitation Act 1980. This may be counted from either the date of the treatment itself, or from the date of knowledge, where you would have been first reasonably expected to connect the harm experienced with the standard of care received.
As we examined above, exceptions to the 3 years can apply in cases where the patient is a child or lacks the capacity to claim for themselves. To learn about the time limits in your particular circumstances, contact our advisors today.
How Long Does It Take For A Medical Negligence Claim To Be Settled?
Providing an exact timescale for a medical negligence claim is difficult. While our solicitors will do their utmost to complete your claim as quickly and efficiently as possible, there are factors outside of their control that affect the timescales.
Factors that can influence how long it takes to reach a settlement include:
- Whether or not the defendants admit liability straight away.
- More complex or serious harm will take longer to properly assess.
- Delays in acquiring medical evidence.
As each claim needs to be assessed on its individual characteristics, we can’t expressly state how long a given claim will take. You can get your free assessment today by talking to our advisors. If eligible, one of our solicitors can give you a much better estimate for the time frame of your case.
Can Your Solicitors Help Me Make A No Win No Fee Medical Negligence Claim?
Yes, if you meet the eligiblity requirements, our solicitors will help with your claim on a No Win No Fee basis.
The most important thing when choosing a solicitor is making sure they have the right knowledge and experience to give your claim the best chance of success. Our solicitors operate to the highest standards of professionalism and discretion and can support throughout the claims process with tasks such as:
- Calculating a potential compensation figure.
- Communicating with the defendant’s representatives on your behalf.
- Explaining all the legal jargon.
- Negotiating a final compensation amount.
- Ensuring any court instructions and deadlines are complied with.
At No Win No Fee Solicitors Co, our solicitors have many years of experience in handling claims of all varieties. If our advisors determine you have a valid claim, you could be offered a Conditional Fee Agreement (CFA) by a dedicated solicitor who is right for you.
The CFA is a type of No Win No Fee contract that provides claimants with some key benefits, including:
- Not paying any solicitor’s fee at the start of the claims process.
- You will also not incur any of these fees as the case progresses.
- Finally, if the claim is unsuccessful, you will not pay the solicitor’s fee.
Medical negligence compensation will be paid out to successful claimants. A percentage of this will be deducted as the solicitor’s success fee, but since The Conditional Fee Agreements Order 2013 caps these fees at 25%, most of whatever is paid out will be yours to keep.
Contact Us
We fully appreciate we’ve included a lot of information here and it’ll come as no surprise if you have questions. Our team is on hand 24 hours a day to provide further guidance as well as a free assessment of your eligibility to claim.
Get in touch today using the contact details given here:
- Call us on 0333 091 8598
- Or, contact us online by completing the callback form.
More Information
You can read some of our other claims guides here:
- You can learn more about personal injury claims with this guide.
- Find out more about claiming for a road traffic accident and see how compensation amounts are calculated.
- Read our guide to claiming compensation after an accident at work and check your eligibility today
We have also included these external resources for additional information:
- Read the standard for good medical practice from the General Medical Council.
- Learn more about the Patient Advice and Liaison Service (PALS) access support from the NHS here.
- You may be entitled to Statutory Sick Pay if medical negligence leaves you unable to work. Find out more on the government website.
Thank you for taking the time to read our guide to making a medical negligence claim. You can ask any questions that may have arisen as well receive a no cost, zero obligation assessment of your eligibility. Get in touch with us today via the contact information given above.