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Load Article
Medical negligence


IN THIS ARTICLE...


What is medical negligence?

Can you make a medical negligence claim using no win no fee?

Types of medical negligence

Can I claim against a private practitioner, or just the NHS?

Claiming on someone else’s behalf

Medical negligence involving children

How much compensation could you receive?

How does compensation help?

Will I need to appear in court?

How long does a medical negligence claim take?

Who will the claim be against?

Standards expected of doctors and health professionals

Claiming for a loved one who has died

When you should make your claim



In this Article...
In this Article...
What is medical negligence?
Can you make a medical negligence claim using no win no fee?
Types of medical negligence
Can I claim against a private practitioner, or just the NHS?
Claiming on someone else’s behalf
Medical negligence involving children
How much compensation could you receive?
How does compensation help?
Will I need to appear in court?
How long does a medical negligence claim take?
Who will the claim be against?
Standards expected of doctors and health professionals
Claiming for a loved one who has died
When you should make your claim
In this Article...


MEDICAL NEGLIGENCE CLAIMS


WHAT IS MEDICAL NEGLIGENCE?

Medical negligence is a mistake or substandard care by a medical professional,
which caused you to become injured or made your condition worse. Although most
doctors and medical staff are highly trained and provide an excellent level of
care, mistakes do happen and they can have life-changing consequences for you as
a patient. If you or someone in your family have received negligent medical
treatment, we know it can be very upsetting – when you visit a doctor, dentist
or hospital, you put your trust in the staff and expect to receive the treatment
you need. A medical error can leave you feeling frustrated and let down.

Compensation can’t make your injury or condition go away, but it can help you
get the support you need to move on, or to get things back to how they were
before your accident. To find out whether you could make a claim, you can speak
to a trained legal adviser on 0800 234 6438, or submit your details using the
claim form on this page.


CAN YOU MAKE A MEDICAL NEGLIGENCE CLAIM USING NO WIN NO FEE?

Quite simply – yes, the majority of the time you can make your medical
negligence claim on a no win no fee basis.

When you speak to a legal adviser for the first time, they’ll be able to let you
know whether they think your claim will be successful. But if you don’t end up
getting any compensation, the no win no fee promise means that you won’t have to
pay your injury solicitors any money.

With no win no fee, there aren’t any upfront charges or hidden costs either. If
you do win your case, your clinical negligence solicitor will charge you a
‘success fee’ as a percentage of the compensation you receive, but this will
only take up a maximum of 25% – so you’ll still get to keep most of it.

Although it’s rare, your solicitor will let you know before starting your claim
if you don’t qualify for no win no fee.

Click here to find out more about no win no fee


TYPES OF MEDICAL NEGLIGENCE

There are many different types of medical negligence, so you might be unsure
whether you could make a claim following your experience.

Generally, a solicitor can help you make a compensation claim for any negligent
treatment if it occurred in the last three years, or if it became apparent in
the last three years that the treatment you received was substandard and caused
your condition to get worse.

Here are some of the types of medical negligence cases people have claimed for
in the past:

 * Misdiagnosis, or delayed diagnosis
 * Surgical errors, including cosmetic surgery negligence
 * Birth injuries
 * Claims against a GP or negligent dentist
 * Claims against the NHS or a hospital

Any type of medical negligence can put your life on hold, at least in the short
term. Sometimes the effects of negligence can lead to long-lasting health
issues, and in extreme cases can even be fatal. Although making a claim might
seem daunting, it can really help to make a difference during your recovery and
into the future.


CAN I CLAIM AGAINST A PRIVATE PRACTITIONER, OR JUST THE NHS?

When medical negligence happens, any medical practitioner – whether they are
private or in the NHS – can be held liable for your injury. Medical negligence
doesn’t always need to involve a stay or visit to a hospital. Many treatments,
such as cosmetic procedures or dental work, can cause serious injuries if they
go wrong. You have every right to make a compensation claim, whether it’s from a
large NHS trust or a small private clinic.

All medical organisations have a duty of care to their patients and should be
expected to give you the compensation you need if they’ve failed to keep you
safe.

Medical Negligence Overview Video
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Find out more about making a claim for medical negligence compensation and how
the process works.


CLAIMING ON SOMEONE ELSE’S BEHALF

Seeing someone close to you suffer because of medical negligence can be very
difficult. They might not feel ready to claim, or their injuries may have left
them physically (or mentally) unable to do so.

In some situations, you can make a compensation claim on behalf of a close
friend or family member. This means they’ll be able to get the support they
need, but without the added pressure of speaking with a solicitor or dealing
with the claim.

Your solicitor might even be able to arrange for them to receive some of their
compensation before the final settlement. This is known as an ‘interim payment’,
and could help to cover any immediate costs of their injuries, including the
cost of accommodation if they’ve had to stay nearby to the hospital where
they’re being treated.


MEDICAL NEGLIGENCE INVOLVING CHILDREN

Unfortunately, medical mistakes can affect anyone – but young children are
particularly vulnerable. Nobody deserves for their condition to become worse
because of their treatment, but when children are involved it can be
particularly upsetting.

If you’re a parent or guardian, you may be able to make a claim on behalf of a
child at any point up until their 18th birthday. Or, once they become an adult
they have until they are 21 to make a claim themselves for any medical
negligence injuries they suffered when they were under the age of 18.


HOW MUCH COMPENSATION COULD YOU RECEIVE?

Medical negligence cases can be very complicated because there are so many
different factors, so it’s difficult for us to say exactly how much compensation
you’ll receive for your claim. No two cases are the same, so the amount of money
you’ll get will depend on your particular situation.

We’ve included some rough examples of compensation amounts for specific medical
negligence injuries:

 * Severe heart damage – £94,470 – £140,870
 * Loss of an arm below the elbow – £90,250 – £102,890
 * Serious damage to the digestive system – £40,370 – £58,100

You can also try our compensation calculator which estimates the amount of
compensation you might receive based on your answers to some simple questions.


HOW DOES COMPENSATION HELP?

After suffering from an injury due to medical negligence, it can be difficult to
think about anything other than getting better. Because of this, making a
compensation claim might not be the first thing on your mind, but it can help
you get the support, treatment and finances you need.

Aside from the emotional effects and your physical pain and suffering, your
injury might also have been financially expensive. For example, you may have had
to pay for private medical treatment to put your injury right, or you might have
received reduced pay while taking time off work.

a specialist medical negligence solicitor will make sure you’re covered for all
the impacts of your injury – they’ll work hard to understand what you’ve been
through so that they can ensure you get the full amount of compensation you
deserve.

They’ll also take into consideration any likely future impact of your injuries
or condition. For example, if your injury is particularly severe it might affect
your future job opportunities, or you might need ongoing care and support which
can be costly.

However, there’s no need to worry about being swamped with paperwork or confused
by legal terms. Your solicitor will be able to do most of the hard work for you
– they’ll negotiate your compensation for you, and keep you up-to-date with any
developments.

If you still have questions about making a medical negligence claim, or would
like to find out whether you could make a case, you can speak to a trained legal
adviser for free on 0800 234 6438.


WILL I NEED TO APPEAR IN COURT?

The majority of medical negligence cases are settled without you needing to go
to court.

Your clinical negligence solicitor will always try to settle your claim as
quickly as possible by negotiating with the other party’s insurers or
solicitors. This means they can usually bring the case to a close before it
needs to go to court.

But if, for example, the other party refuses to negotiate or has been slow to
respond, then your solicitor might recommend issuing court proceedings. They’ll
usually do this if they think it gives you the best chance of getting you a fair
compensation pay out.

If your case does go to court, there’s no need to worry. It can seem daunting,
but your solicitor will be able to support and advise you through the process.
In some cases, they might even be able to appear in court on your behalf if you
prefer not to be there.


HOW LONG DOES A MEDICAL NEGLIGENCE CLAIM TAKE?

The amount of time it takes to make a medical negligence claim can vary hugely
depending on the complexity and severity of your case, and whether
responsibility is admitted. A simple claim can take between a few months to a
couple of years to complete, while difficult or high value cases can take years
to conclude.

When making your case, your solicitor might need to prove that the other party
caused your injury or is responsible for making your condition worse – and this
can take time. Your solicitor will pull together a lot of evidence and will use
specialist opinion and medical reports to prove that you received substandard
care.

Even if liability is admitted by the other side it can take time to negotiate a
fair settlement.


WHO WILL THE CLAIM BE AGAINST?

If you were given substandard treatment as an NHS patient your claim will
probably be against the particular NHS trust which manages the hospital/clinic
where you were treated. NHS Resolution is the organisation which handles claims
made against the NHS, and they are who your solicitor will likely deal with when
claiming compensation for NHS negligence. If you received the treatment as a
private patient, your claim will be against the provider itself – though in
practice, it will be against its insurance company. When you give your solicitor
the details of who treated you and where, they will be able to explain who
should be held responsible for your injury or condition.


STANDARDS EXPECTED OF DOCTORS AND HEALTH PROFESSIONALS

A high standard is expected of doctors and other health professionals. To prove
that the member of staff who treated you was negligent, your solicitor will have
to show that they failed to use their professional skills in the way expected
from a reasonably competent specialist in their field.

For example, in the case of routine surgery, a higher standard is expected of a
consultant surgeon than a surgical trainee. And if your doctor doesn’t follow
usual practice or procedure (for example, to warn of the risks of a procedure)
and things go wrong, they may be held responsible for your injuries or for
making your condition worse.


CLAIMING FOR A LOVED ONE WHO HAS DIED

It’s particularly devastating to lose a loved one as a result of medical
negligence, but their death doesn’t mean you can’t make a compensation claim.
Some people die straight after negligent treatment while others simply fail to
recover. Sometimes people die from a fatal illness that was wrongly diagnosed.

Whether a medical negligence claim was started before they died, or a claim was
never started, you can still make an injury claim if you’re the spouse or next
of kin, or the executor named in your loved one’s will.

The amount of compensation will depend on the circumstances of your relative’s
death, but might include compensation for any pain and suffering before they
died, funeral expenses, damages for loss of dependency and for trauma suffered
by a close relative. You may also be able to claim a fixed sum for bereavement
damages.

Your solicitor will be able to guide you compassionately through the options
open to you and your close family.


WHEN YOU SHOULD MAKE YOUR CLAIM

For medical negligence claims, you should aim to start a compensation claim as
soon as possible while your memory is fresh and while your treatment is still
ongoing. Starting earlier also often makes it easier to track down witnesses
such as other doctors and nurses.

You have up to three years to start legal proceedings after medical negligence,
otherwise you could be prevented from making a claim under the Limitation Act
1980.

The three-year time limit starts from the date of the poor treatment you
received; or three years from the date of ‘knowledge’, ie. the date on which you
first became aware that the substandard treatment you received directly caused
your injuries or condition.

If you’re claiming on behalf of a child, you have until they turn 18 to make a
claim (they then have until they are 21 to make a claim in their own name). If
you’re claiming on behalf of someone under a mental disability, this three-year
period doesn’t start until they’ve regained their mental capacity.

In most cases, it will be obvious when your treatment took place. However, the
relevant ‘date of knowledge’ might not always be clear cut. Your solicitor will
be able to help you with this.

More Information:
 * Making a Claim
 * Choosing the Best Personal Injury Lawyer
 * Compensation Calculator
 * Compensation Claims Explained
 * How to Win Personal Injury Compensation
 * Personal Injury Compensation with Pre-Existing Conditions
 * Submit Your Claim
 * Your Guide to No Win No Fee Compensation

About the Author


Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a
legal journalist, editor and author with more than 20 years' experience writing
about the law.




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