FAQs On How To Claim Medical Negligence Compensation

On this page, you will find a wealth of information about medical negligence compensation. If you have any questions about how to make a medical negligence claim, read through our Frequently Asked Questions (FAQ) article.

In the article, you will first learn what medical negligence is and the eligibility requirements that will need to be satisfied in order to have an eligible claim. Furthermore, we explain how long you have to start your compensation claim.

If you are wondering if claiming will affect your care, how much compensation you could be awarded and how much it will cost to make a medical negligence claim, find the answers below.

Additionally, read through the article to learn how working with a medical negligence solicitor on a No Win No Fee basis means no upfront fees needed for the solicitor to start working on your case. 

For any questions specific to your case, just get in touch with us for quick, free and useful advice. Our advisors are waiting to take your call. Through a free consultation, you can have your medical negligence compensation claim assessed and receive free advice. 

  • Call 0800 408 7826.
  • Contact us online and fill out a call back form.
  • Use the live chat option to start an instant consultation.

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Jump To A Section

  1. What Is Medical Negligence? 
  2. How Do You Claim Medical Negligence Compensation?
  3. How Long Do You Have To Claim For Medical Negligence?
  4. Can You Claim Against A Private Healthcare Provider?
  5. Will Making A Medical Negligence Claim Impact My Treatment?
  6. How Much Medical Negligence Compensation Could You Receive?
  7. How Much Will It Cost To Claim Medical Negligence Compensation?
  8. More Resources About Making A Claim For Medical Negligence

What Is Medical Negligence?

When people seek help for an illness or injury, they will find themselves in the care of medical professionals. Whether they are a nurse, a doctor, a surgeon or other healthcare professional, they must provide at least the correct standard of care to fulfil their duty to their patient.

Medical negligence is defined as deviating negligently from the expected professional standards and causing harm that could have otherwise been avoided. It may otherwise be referred to as clinical negligence.

This means that to make a medical negligence compensation claim, you need to satisfy three key criteria:

  • A medical professional owed you a duty of care.
  • They breached this duty by providing care that fell short of the correct standard.
  • As a result, you suffered avoidable harm.

stethoscope on a document with a judges gavel.

Those making a medical negligence claim need to show the link between negligent care and unnecessary harm.

For example, if a pancreatic cancer misdiagnosis occurred because a doctor failed to refer the patient for further testing even though they were showing clear symptoms of the disease and this delay in diagnosis allowed the condition to worsen, then a medical negligence claim could be made. 

Alternatively, say you were wrongly dispensed quinine because the pharmacist mixed your prescription up with another patient’s, they could be liable for the medication error, and you could seek medical negligence compensation if it went on to cause you harm. 

If you believe you have a reason to sue for medical malpractice, share your case details with us today and we can assess your potential medical negligence case.

How Do You Claim Medical Negligence Compensation?

To make a medical negligence compensation claim, you will first need to prove that you were owed a duty of care. When a medical professional or health care provider agrees to treat you, then they automatically owe you this. You will then need evidence to prove how this duty was breached and what harm this led to.  You could collect the following evidence to support your case: 

  • Note down the names of any medical staff that have attended to you, as well as details of your medical treatment and where it occurred.
  • Request a copy of your medical records. Providing medical evidence will help you show the extent of harm you suffered.
  • In line with the above, seek a copy of the medical professional’s notes where possible, as it could highlight where negligence happened.
  • Keep a diary of your symptoms and medical treatment.
  • Collect contact details for anyone who witnessed the substandard care.

Among the benefits of making a medical negligence claim with the help of one of our panel’s solicitors is that you can instruct them to help gather evidence. They can also arrange an independent medical examination, something which will be required during the clinical negligence claims process.

You can learn more about the service an experienced medical negligence solicitor from our panel can provide today by calling the number above.

Who Can Be Responsible For Medical Negligence?

When you receive medical care, different parties will owe you a duty of care. However, that said, it may not be the practitioner whom you make the medical negligence claim against but the facility in which they are employed. Vicarious liability means one party, such as a hospital, is responsible for the actions of those whom they employ, such as a doctor.

Parties that owe you a duty of care include: 

  • GP.
  • Doctor.
  • Nurse.
  • Midwife.
  • Surgeon.
  • Specialist, such as an oncologist or anaesthetist.
  • Physiotherapist.
  • Pharmacist
  • Hospital or healthcare provider

Please call to learn more about making a No Win No Fee claim. A specialist solicitor from our panel could help you seek clinical negligence compensation within the legal time limit, which we cover in the next section.

How Long Do You Have To Claim For Medical Negligence?

Generally, the time limit for submitting a claim is three years. The Limitation Act 1980 sets out this deadline, but the starting point for medical negligence claims could differ.

The three years might be from when the negligent care occurred. However, if you only become aware later of the link between negligent treatment and the harm suffered, the window in which to claim could start from there. This is known as the date of knowledge.

For example, a misdiagnosis may occur, but you may not be aware that the delayed or late diagnosis happened due to a breach of duty. If it was discovered further down the line that the diagnosis could have happened at an earlier stage, but for the doctor being negligent, then the time limit would begin from this discovery. 

A person under the age of 18 (a minor) who has suffered medical negligence cannot legally begin legal proceedings themselves. This means the time limit for them is paused until they turn 18. While the time limit is paused, a trusted person, such as a parent, could apply to the courts and ask to be appointed as a   litigation friend and make the claim on their behalf. If no claim is made on behalf of the child, they would have from their 18th  until their 21st birthday to submit a claim.

Someone lacking the mental capacity to claim for medical negligence has their claim period indefinitely paused. Again, a litigation friend can step in for them. However, if that doesn’t happen and the injured person recovers, their three-year window starts from the recovery date.

Two hands holding an hour glass depicting the medical negligence time limit.

It’s best not to delay when thinking about claiming medical negligence compensation. Learn more about time limits and how long you have to get started by calling today.

Can You Claim Against A Private Healthcare Provider?

Just as you can sue the NHS for medical negligence, you can take legal action against a private healthcare service for the effects of negligent medical care.

Private services will often have liability insurance to protect them against the cost of medical negligence compensation claims. If one of our panel’s medical negligence specialists helped you claim against a private healthcare provider, negotiations would likely be with their insurance company.

While some choose to go private in the expectation of better and quicker treatment, private health professionals have the same duty of care as their public service counterparts. You can discuss making a No Win No Fee medical negligence claim against a private healthcare provider through any of the contact details listed above.

Will Making A Medical Negligence Claim Impact My Treatment? 

Your treatment is more important than anything, as it is vital you get the necessary care for any medical condition.

Making a medical negligence claim will not affect your care or rehabilitation. One major benefit of having legal representation from a solicitor is that they can deal with the day-to-day work involved in a claim while you focus on recovering.

Furthermore, you may be able to claim interim payments to help with urgent medical costs or cover any loss of earnings. An interim payment is an instalment of compensation while you wait for the claim to conclude. You may be able to get some compensation in advance of a medical malpractice settlement if it’s needed. You can learn more about whether this would be possible during your claim by speaking to our advisors over the phone or online.

How Much Medical Negligence Compensation Could You Receive? 

Medical negligence compensation awarded to a successful claimant could be divided into up to two heads of claim.

The primary head of claim, called general damages, accounts for physical pain and emotional suffering caused by negligent care. You can claim for either physical or psychological injuries, or both.

When calculating compensation for your injuries, those responsible for deciding a figure might use your medical evidence for support. They could also look at the Judicial College Guidelines (JCG), which is a set of guideline brackets encompassing many injuries at different levels of severity.

Guideline Compensation Table

This table features JCG brackets, with the exception of the top line. Please note that it should only be considered a guide.

Multiple Instance Of Very Serious Harm Alongside Special DamagesVery SevereUp to £1,000,000+Compensation accounting for multiple instances of very severe harm/injury, as well as monetary losses such as lost earnings, care costs and home adaptations.
ParalysisTetraplegia£324,600 to £403,990Paralysis of the upper and lower body, with a higher award in cases where physical pain or a significant effect on senses is noted.
BrainVery Severe£282,010 to £403,990The award depends on factors like life expectancy or the extent to which the injured person is physically limited.
KidneyLoss of Both Kidneys£169,400 to £210,400This bracket accounts for serious, permanent damage to both kidneys, as well as loss.
BladderCases Involving Double IncontinenceUp to £184,200Double incontinence refers to lost urinary function and control, coupled with the complete loss of natural bowel function. There are also other medical complications.
Amputation of ArmsLoss of One Arm (i)Not less than £137,160The arm is amputated at shoulder level.
Psychiatric Damage (General)Severe£54,830 to £115,730A poor prognosis is joined by the affected person having marked issues handling factors like life, education, work and relationships.
ChestTraumatic Chest Injury (b)£65,740 to £100,670Injuries cause permanent damage, impaired function, physical disability and reduced life expectancy.
DIgestive SystemIllness/Damage Resulting from Non-traumatic Injury (i)£38,430 to £52,500Toxicosis with symptoms including acute pain and fever. The affected person has to be hospitalised for days or even weeks.
Scarring to Other Parts of the BodyA Number of Noticeable Laceration Scars£7,830 to £22,730An award could also be given if there is one clear and disfiguring scar.

What Are Special Damages In A Medical Negligence Claim?

Medical negligence cases often involve the claimant losing or missing out on money through no fault of their own. If that happens, they could seek compensation for financial losses under the special damages head of claim.

For example, you could receive financial compensation for:

  • Medical expenses. This could include prescriptions or procedures that require a fee.
  • Travel costs.
  • Domestic care fees.
  • Home adaptation charges.
  • A loss of earnings

Call today to discuss claiming compensation for medical negligence and our advisors can answer any questions you have about what could be included in a payout.

A calculator sitting to the left of a stethoscope, representing a medical negligence compensation calculator.

How Much Will It Cost To Claim Medical Negligence Compensation?

Understandably, many people who suffered medical negligence are wary about the financial risk of legal action. It’s why our panel’s expert solicitors operate on a No Win No Fee basis.

The Conditional Fee Agreement (CFA) they offer when taking on a client’s case rules out an upfront payment for their work. There are also no solicitor fees during the claim, or at all if compensation isn’t won.

By signing up to the CFA, you would agree to a small percentage of your compensation going to the solicitor. The percentage they can take as their success fee is subject to a legal cap set out by The Conditional Fee Agreements Order 2013.

Our advisors are on hand to clear up any questions you might have. Furthermore, they can evaluate your chances of claiming compensation and potentially point you in the direction of a suitable solicitor from the panel. Talking to us is free and you’ll never be obligated to start a claim. So, to discuss medical negligence compensation with us today, either:

More Resources About Making A Claim For Medical Negligence

We have more guides if you need any further information:

  • More information on claiming compensation for misdiagnosed cancer caused by negligent actions.
  • If a breach of duty means your wrist fracture has been missed, check out our guide to see what you could potentially receive in compensation for the harm caused.
  • Our medical negligence compensation calculator for death explains how you could claim for expenses like funeral costs if negligent treatment leads to a loved one’s death.

Also try these resources:

  • Annual statistics from NHS Resolution, a government body that handles NHS medical negligence claims.
  • The General Medical Council explains what good medical practice looks like for doctors.
  • Use this government guidance to see if you can claim Statutory Sick Pay from your employer.

Thank you for reading our medical negligence compensation guide. We hope you’ve found it useful. If you want more support or guidance on making a medical negligence claim, please give us a call any time.