This guide will explore the medical negligence claims process. If you have suffered unnecessary harm due to a medically trained professional breaching the duty of care they owe you, you may be able to seek compensation.
Within this guide, we shall discuss what duty of care you are owed as a patient.
Additionally, we shall explore the potential compensation amounts you could receive if you have been harmed due to medical negligence. Furthermore, we shall share some of the potential evidence you could collect to help support your claim.
We also understand that you may have specific questions that you want answered. If so, our team of friendly advisors are available 24 hours a day, 7 days a week, to help. They can offer you free legal advice regarding your potential claim.
To speak with our advisors today:
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- A Guide To Medical Negligence Claims
- Does A Healthcare Professional Owe You A Duty Of Care?
- When Can You Claim For Medical Negligence?
- Medical Negligence Claims – What Potential Evidence Could Help You Claim?
- Medical Negligence Claim Calculator
- Can You Make A No Win No Fee Medical Negligence Claim?
- Learn More About Medical Negligence Claims
There are different types of medical negligence claims, including those for medication errors, misdiagnosis, delayed diagnosis and birth injuries.
However, not all incidents of harm sustained in a medical setting will form the basis of a valid claim. You must prove that medical negligence occurred. This involves a medical professional breaching the duty of care they owed you and causing you to sustain avoidable harm.
Contact our advisors today for further guidance regarding clinical negligence claims.
As part of the duty of care they owe you, all medically trained professionals in the private and public healthcare sectors must ensure that you receive the correct standard of care.
You may be able to claim compensation if the care a medical professional provides you drops below the correct standard, causing you to suffer avoidable harm.
The Bolam test may be carried out as part of the medical negligence claims process to determine whether the care you were provided met the correct standard. This involves a group of relevantly trained medical professionals assessing your case. The findings from their assessment can be used to support your potential claim.
Contact our advisors today for further guidance regarding the process of making a medical negligence claim.
As we stated in a previous section, there are various circumstances in which medical negligence claims can be made. Below are some examples.
Birth Injury Claims
A birth injury claim could be made if either you or your baby were harmed due to medical negligence.
For example, the midwife may use excessive force on the baby’s head or arm resulting in the baby suffering from Erb’s Palsy. This is a condition in which there is damage to the nerves in the arm or shoulder.
Additionally, you could exhibit symptoms of pre-eclampsia during pregnancy that are dismissed by a medical professional. As a result, you could develop eclampsia which are fits that happen during birth.
You could make a medical negligence claim if your condition or illness was misdiagnosed due to medical negligence and you experienced further unnecessary harm as a result. For example, a fractured or broken bone, such as a fractured ankle, could be misdiagnosed as a sprain despite you exhibiting clear symptoms of a broken bone.
However, not all misdiagnoses can form the basis of a valid claim. You would need to prove that the misdiagnosis was caused by a healthcare professional breaching their duty of care. For example, your broken ankle was misdiagnosed as a sprain due to a doctor misreading an X-Ray scan.
Medication Error Claims
If you have been given the wrong medication, you could suffer various complications. In more severe cases, medication errors could result in death. Some examples of medication errors include:
- A doctor prescribes you medication containing something they know you are allergic to, causing you to suffer an allergic reaction.
- A pharmacist hands you with someone else’s prescription.
- A nurse gives you the wrong medication due to mislabelling.
Not all medication errors mean you are eligible to claim. You will need to prove that you suffered avoidable harm due to a medical practitioner breaching their duty of care.
Contact our advisors today for further guidance regarding specific types of medical negligence claims.
Providing sufficient evidence could help support your medical negligence claim. Some of the potential evidence you could provide to prove that you were harmed due to medical negligence could include:
- Correspondence with the medical institution where the medical negligence occurred following a direct complaint.
- Medical records, such as prescriptions, doctor or hospital reports.
- Financial documentation to prove any monetary losses you experienced, such as receipts or payslips.
In addition to collecting evidence, you will need to ensure that your claim is started within the correct time limit. This is generally:
- 3 years from the date of the incident
- 3 years from the date you connected the harm you sustained with medical negligence
There are exceptions that may apply to specific circumstances. Please get in touch with our team to learn more. An advisor can also provide free legal advice about the medical negligence claims process.
After making a successful medical negligence claim, you will receive general damages within your settlement. This aims to compensate you for the harm you have suffered due to medical negligence.
We have provided the following table containing guideline compensation brackets which have been taken from the Judicial College Guidelines (JCG). Solicitors can use this document to assist them in valuing your injuries alongside medical evidence.
However, you should use this table as a guide only. The figures listed aren’t necessarily reflective of what you will receive. Each claim is unique and several factors will be considered when valuing your injuries.
|Kidney||(a) Permanent damage to both kidneys that is serious. Or where both kidneys have been lost.||£169,400 to £210,400|
|Kidney||(b) There is a total loss of natural kidney function or a significant risk of the person developing a urinary tract infection in the future.||Up to £63,980|
|Kidney||(c) One kidney is lost and there is no damage to the other.||£30,770 to £44,880
|Bowels||(b) Natural function is completely lost and the person depends on a colostomy.||Up to £150,110
|Bowels||(c) The person experiences faecal urgency and passive incontinence after surgery. This results in distress and embarrassment.||In the region
|Bladder||(b) There is a total loss of function and control.||Up to £140,660
|Bladder||(c) Control is seriously impaired and there is some pain and incontinence.||£63,980 to £79,930
|Spleen||(a) The spleen is lost and there is an ongoing risk of internal infection due to a damaged immune system.||£20,800 to £26,290
|Reproductive System: Female||(a) An injury or disease causes infertility. It could also cause anxiety, pain and sexual dysfunction as well as other issues.||£114,900 to £170,280|
|Reproductive System: Male||(d) A case of sterility that is uncomplicated. There is no impotence or other aggravating features.||£56,080 to £71,350
As an alternative, you could use our compensation calculator to get an accurate estimate of how much your claim is worth. You could also speak with an advisor from our team. Get in touch on the number above.
Special Damages In Medical Negligence Claims
Additionally, your settlement may also include special damages. This aims to compensate you for the financial losses caused by the harm you have suffered due to medical negligence.
This includes both past and future financial losses. For example, travel expenses and paying for private medical treatment could be compensated via special damages. Providing sufficient evidence of these losses could help support you in your claim. This can include receipts or invoices.
Contact an advisor today if you still have any questions regarding compensation for a medical negligence claim.
An experienced solicitor from our panel may be able to help you with your specific claim with a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
With a No Win No Fee agreement, you do not have to pay anything upfront to your solicitor to start your claim. Additionally, you will not be required to pay them for their services if the claim fails. However, if the claim is successful, you will pay them a small percentage of your compensation, known as a success fee. This percentage is subject to a legal cap.
A solicitor from our panel could offer their services on this basis. For more information, you can get in touch with our team of advisors. They can also provide further guidance about the medical negligence claims process and can answer any questions you may have concerning your potential claim.
To speak with an advisor today:
For more articles by us:
- Bodily injury claim calculator – A complete guide.
- Dental negligence claim calculator – A step by step guide.
- Medical malpractice settlement calculator – What is your claim worth?
Or, if you are looking for additional resources:
- General Medical Council (GMC) – Good medical practice.
- Royal College of Nursing – Duty of care.
- GOV – NHS Constitution for England.
Contact our advisors today for further guidance regarding the medical negligence claims process.
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