Medical Negligence Claims
If you’ve suffered an injury or illness as a result of medical negligence, you may be entitled to compensation.
What is medical negligence?
When health professionals fail in their duty of care to you, this is known as medical negligence (also known as clinical negligence). It covers any medical professional’s mistake, accident, or improper care that causes a patient damage or worsens an existing ailment. This is frequently caused by a misstep or a failure to act.
Medical negligence can be caused by different health professionals, including:
- GP or Doctor
- Nurses
- A&E staff
- Midwives
- NHS employees
- Private medical professionals
Am I eligible to make a claim?
A medical professional has a duty of care to their patients. You may be entitled to compensation if a medical provider fails to satisfy this responsibility while performing treatment. A claim for medical negligence can be filed against the NHS or a private practice.
What is the average pay out for medical negligence?
Each case of medical negligence is unique, the ultimate amount you may get is determined by a variety of criteria, including the severity of your injuries and the impact those injuries have had on your life.
You can also seek reimbursement for any expenditures spent as a result of your injuries, such as lost wages if you were unable to work, as well as any potential losses, such as continuous treatment.
What are the different types of medical compensation claims?
Just as there are so many issues you might experience when it comes to your health, there are also many forms of medical negligence you may suffer.
Some of the most commons forms include:
- Misdiagnosis - Receiving the wrong or no diagnosis for a condition, symptoms missed and illnesses worsening.
- Delayed diagnosis - Failing to diagnose your condition, leading to the condition worsening and avoidable pain and suffering, for example when birth asphyxia occurs.
- Incorrect treatment - Given the wrong drugs or receiving inappropriate therapy.
- Surgical mistakes - An error during a procedure or operation resulting in an injury or further illness.
- Consent - Receiving treatment without providing your consent.
How long do I have to make a medical negligence claim?
One of the most important things to remember is that you face a deadline when making a medical negligence claim in the UK. In most cases, you will have three years from the date you experienced the negligence to make your claim. This is why you should think about doing so as soon as possible.
But there are exceptions to this rule, which apply to those under the age of 18, those without the mental capacity to claim for themselves and in cases where the effects of the negligence were only discovered later.
To find out more about how long you have to make a claim get in touch.
What evidence do I need to start my claim?
Evidence that can support your medical claim includes:
- Copies of your GP and hospital records, which we will obtain for you
- Your statement to detail your own account of events
- Statements from family and friends
Expert reports are also obtained. We will instruct independent medical experts to consider the records and your statement.
An expert will provide a report commenting on the care you received and whether it was substandard. An expert will also comment on whether your injury or condition was likely caused by that treatment.
Once we have evidence to support your claim, arrangements will be made for you to be examined by an expert to report on your condition or injury, how this impacts you now and in the future.
Can I make a claim on behalf of a child?
A medical negligence claim can be brought on behalf of a child by a parent or guardian.
We will pursue your child’s case by taking your instructions on their behalf (and with your child’s wishes if they are old enough to express a view). We will provide you with our advice and experience to support you in making any decisions on their behalf.
Any settlement reached on behalf of a child will be approved by a judge in court to ensure that it is in the child’s best interests.
Find out if you have a claim
Get free, no obligation advice from claims specialists.
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What do I do next?
To find out how much your claim could be worth, take a look at our Compensation Calculator.
To find out if you have a claim call us on Freephone 0800 029 3849 or fill out the claim form.
Calculate your compensation in a few minutes.
Hassle-free claims process
Our expert panel of solicitors can typically confirm almost immediately whether your claims application is likely to be successful and also give you an indication of how much you could potentially claim for.
