Clinical And Medical Negligence Claims
If you’ve been harmed due to medical negligence, we can help you claim compensation
£70 million in compensation
Clinical And Medical Negligence Claims
If you’ve been harmed due to medical negligence, we can help you claim compensation
How To Make A Medical Negligence Claim
If you suffered harm that was unnecessary in a medical setting, you may have experienced medical negligence. In these cases, you might be able to make a medical negligence claim.
This guide explains what the law of medical negligence is and when you might have a valid compensation claim. To help illustrate when you might have good grounds to seek clinical negligence compensation, we look at a few examples of harm you could sustain in a medical setting.
We also explore how compensation could be awarded in a successful clinical negligence claim. To conclude, we look at how to make a medical negligence claim with the support of a No Win No Fee solicitor.
If you have any questions about the medical negligence claims process or how a solicitor could help you, please get in touch. In addition to answering your questions, a member of our advisory team can also give you a free consultation and if your claim is eligible, they could connect you to one of our solicitors. To speak to an advisor:
- Call 0151 375 9916
- Fill out our contact us form for a call back.
- Ask how to claim compensation for clinical negligence in our live chat.
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What Is Medical Negligence?
Medical negligence is when a patient sustains avoidable harm (harm that should have been prevented) because a medical professional treating them breached their duty of care.
All medical professionals owe a duty of care to anyone they treat. To adhere to this duty of care, they must always deliver the correct standard of care. As such, duty of care can be breached if a medical professional delivers substandard care.
In cases where things have gone wrong due to errors or the expected standard of care not being met, a medical negligence claim could be a justifiable course of action.
Contact us today if you are wondering how to claim for medical negligence.
Could I Make A Medical Negligence Claim?
In some cases, you may suffer some form of harm when you undergo medical treatment. For example, your surgeon needs to cut you open to remove your appendix.
Medical negligence concerns itself only with cases where the standard of care expected of healthcare professionals has not been met.
For example, if your GP failed to refer you for cancer screening tests despite you attending regular appointments with symptoms, you could be compensated for the harm caused by the delay.
In order to make a medical negligence claim, you need to show that:
- The duty of care you were owed by healthcare professionals was breached
- And as a result, you suffered some form of harm
We offer a free eligibility check to all callers, so get in touch with us for free on the number at the top of this page to start now.
How Long Do I Have To Claim Compensation For Clinical Negligence?
As a general rule, a 3-year limitation period applies to cases of medical negligence. Whilst a case does not necessarily need to be settled within the three year period, it does need to be issued at Court in order to prevent it from becoming statute barred. This means you won’t be able to pursue compensation.
The three-year period will usually run from the date upon which the negligence occurred.
However, if you did not find out about the negligent act until a later time, the limitation period will be deemed to run from the date upon which you became aware, or ought to have become aware, that a negligent mistake had been made.
Are There Exceptions To The Time Limit?
If a person lacks the mental capacity to appreciate that there has been an act of negligence, then the limitation period will not start to run until they regain such mental capacity (and will never start to run if they do not).
If the victim of the negligent act was under 18 at the time, then they will not be deemed to have gained mental capacity for limitation purposes until they reach the age of 18. As such the three-year limitation period will start to run on their 18th birthday, meaning the case must be issued at Court before they turn 21.
In both of these cases, a litigation friend can pursue compensation on the injured party’s behalf.
What Forms Of Medical Negligence Can You Claim Compensation For?
We specialise in all types of medical negligence claims. However, some of the more common examples we see include:
- Delays in diagnosis of an injury or illness
- The misdiagnosis of illnesses or conditions, like an ectopic pregnancy or epilepsy
- The delayed diagnosis of conditions like cancer
- Failure to treat an injury or illness appropriately
- GP errors (including failure to make appropriate referrals for further investigations)
- Surgical errors
- Nursing errors
- Obstetric errors (errors made during pregnancy and birth)
- Prescription and medication errors
If you feel that you or a close relative may have suffered harm as a result of an act of medical negligence then contact our specialist team today for free advice.
How Is Medical Negligence Compensation Calculated?
Compensation in a successful medical negligence claim may consist of two parts (known as ‘heads of loss’). These are general damages (for physical pain and mental suffering) and special damages (for related expenses).
To help value general damages, those responsible for calculating clinical negligence claims, such as medical negligence solicitors, may refer to the Judicial College Guidelines (JCG) in conjunction with the findings of an independent medical report. The JCG is a text that provides guideline values for different types of illnesses and injuries in varying severities.
In our table below, we provide a few figures from this text along with a figure in the first row that shows how you could be awarded compensation for various types of harm and expenses. The figure in the top row was not taken from the JCG. Furthermore, as all medical negligence claims are different and settled on their own merits, this table is only provided for guidance.
Compensation Table
| Injury/Illness | Severity | Notes | Guideline Amount |
|---|---|---|---|
| Multiple Severe Injuries or Types of Harm and Special Damages | Very Severe | Settlements for medical negligence may include compensation for various types of harm in addition to related expenses, such as lost earnings and nursing care. | Up to £1,000,000+ |
| Brain Damage | Very Severe | There’s no meaningful environmental responses and the injured person requires full-time nursing. | £344,150 to £493,000 |
| Bladder | Complete Loss of Function | The claimant has completely lost both bladder function and control. | Up to £171,680 |
| Amputation of Arms | Loss of One Arm (ii) | The claimant had an amputation above the elbow. | £133,810 to £159,770 |
| Foot | Amputation of One Foot | The claimant has lost their ankle joint. | £102,470 to £133,810 |
| Female Reproductive System | Permanent | A claimant with children (or who wouldn’t have had children in any event) suffers sexual dysfunction that is likely to be permanent. | £52,490 to £124,620 |
| Lungs | Cancer | Generally an older person, there’s severe pain along with functioning and quality of life impairments. | £85,460 to £118,790 |
| Male Reproductive System | Impotence | A claimant with children (or who wouldn’t have had children in any event) suffers impotence or significant sexual dysfunction that is likely permanent. | £52,490 to £108,310 |
| Kidney | Significant | There’s a significant urinary track infection risk or other total loss of natural functioning. | Up to £78,080 |
| Spleen | Loss | Damage to the immune system leaves the claimant at risk of internal infections and disorders. | £25,380 to £32,090 |
Special Damages
Additionally, you might be compensated for the financial hardships faced due to medical negligence. Examples include reimbursement of your:
- Loss of earnings.
- Money spent on in-home care, either from professionals, such as a visiting nurse or friends and family.
- Costs associated with home and/or vehicle adaptations.
- Any money spent on domestic help while you recover.
To help with your medical negligence claim and to ensure that you receive the full amount of compensation you are entitled to, you should save documentation relating to your costs and expenses. For example, wage slips, bank statements and any invoices or receipts.
An advisor from our team can help value your clinical negligence claim as well as give you advice on what you could be reimbursed for under special damages. Please get in touch using the details above.
Who Pays Compensation In Medical Negligence Claims?
Some of our clients worry that in making a medical negligence claim they may be putting a strain on the finances of public health services. This is understandable, but the reality is that compensation in medical negligence claims against the NHS are paid by insurance reserves.
How Are Medical Negligence Claims Funded?
If you choose to work with one of our solicitors, they can work on your medical negligence claim on a No Win No Fee basis. They’ll do this under the terms of a Conditional Fee Agreement (CFA). This means that your solicitor:
- Doesn’t expect an upfront payment for their work on your clinical negligence claim.
- Also won’t ask for ongoing fees.
- Won’t ask you to pay for completed work should your claim fail.
- Only takes a payment from the compensation that has been awarded to you, called a success fee, if your claim wins. This percentage is subject to a legal limit.
Get In Touch
If you would like to know how to make a medical negligence claim, speak to a member of our advisory team. They can also provide you with a no-obligation claim assessment, and if you are eligible, they can connect you to one of our specialist medical negligence solicitors. Speak to us today:
- Call 0151 375 9916
- Fill out our contact us form and an advisor will get back to you.
- Ask a question in our live chat.
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Frequently Asked Questions
Just the fact that you know you have been the victim of medical negligence alone does not mean that you can receive compensation. You will have to bring a legal claim against the organisation or practitioner responsible. You will need evidence to prove your case, you will have to be able to prove that you were harmed by receiving care that was not of the standard that you were entitled to.
The average person will probably not have the time, the legal knowledge or the resources to put such a case together on their own, even if they know that they are in the right. That is why working with a lawyer is so important. A Lawyer is a professional who has the qualifications and experience to put a case together and represent you. They can make all the difference between winning and losing your case. Legal Expert can put you in touch with a medical negligence lawyer after one of our free consultations.
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With our expertise and knowledge of the legal system, we can guide your case to a successful conclusion, debunking any legal jargon along the way.
Our solicitors work on a No Win No Fee basis too. This means that you don’t have to pay any fees upfront or while the case progresses, and if the case doesn’t succeed, you won’t have any fees to pay to your solicitor either.
We have a terrific track record of achieving results that satisfy our clients. Check out our reviews to see what other people think of our services.
