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Advice On How To Make A Doctor Negligence Claim
Learn how you could make a doctor negligence claim and receive compensation with the help of one of our specialist No Win No Fee solicitors.
£85 million in compensation
Advice On How To Make A Doctor Negligence Claim
Learn how you could make a doctor negligence claim and receive compensation with the help of one of our specialist No Win No Fee solicitors.
Can I Make A Doctor Negligence Claim?
When seeking medical treatment, your faith is instilled in doctors to help treat any illnesses that you’re suffering with. Therefore, if you’ve received substandard care from a doctor that worsened your condition, this can be extremely disappointing. If this is the case for you, the team at JF Law could help with your doctor negligence claim.
Key Takeaways
- According to the NHS Resolution, a total sum of £2.8 billion was paid in compensation settlements for clinical negligence claims between 2023 and 2024.
- A doctor can act negligently by failing to take your symptoms seriously, failing to refer you for further testing or misdiagnosing you with a different condition.
- The frequency of doctor negligence claims is increasing, namely by 9% in the past year (from 2022/23 to 2023/24), according to NHS Resolution.
- You won’t be required to change doctor’s surgery or be refused NHS treatment if you make a claim against them.
At JF Law, our friendly team of advisors work around the clock to answer any questions you may have about the claims process. As part of the free services we offer, you could receive an eligibility assessment that looks at the merits of your claim. If your case is deemed strong, you could be connected with one of our expert No Win No Fee solicitors to help you achieve a sense of justice, along with compensation. To start your claim, please get in touch today:
- Call us on 0151 375 9916
- Contact us by filling out our online form
My Doctor Was Negligent, Can I Claim?
Yes, you could make a doctor negligence claim provided that you meet the following eligibility requirements:
- You were owed a duty of care by a doctor
- A doctor breached this duty of care
- You suffered avoidable harm as a result of the breach
Moreover, all healthcare professionals have a duty to provide the minimum expected standard of care when treating patients. The General Medical Council also provides guidance on the standard of care that must be met by doctors, physicians and anaesthesia associates.
Therefore, you could make a medical negligence claim if a doctor acted below the standard of care, causing you to suffer avoidable harm.
To learn more about your eligibility, please contact one of our friendly advisors today.
My Doctor Works For The NHS, Can I Still Claim?
Yes, you can still claim if your doctor works for the NHS, provided that you can demonstrate you received negligent medical treatment. Depending on the institution where you received the negligent treatment, your claim would be made against the relevant NHS trust that it belongs to.
The NHS Resolution was established to investigate medical negligence claims; it also provides compensation pay-outs in successful cases. Please also note that the NHS Resolution has separate funding dedicated to claim settlements. Therefore, claims made against the NHS will never directly impact the financing of an institution.
How Long Will I Have To Claim Against A Doctor?
You will typically have up to 3 years to start your doctor negligence claim. As per the Limitation Act 1980, the medical negligence claims time limit starts from:
- The date that the medical negligence occurred, or;
- The date of knowledge. This is the date that you became aware that the harm you’re suffering with was due to substandard medical care.
However, the time limit is suspended for claimants who cannot manage the process themselves, including minors and those without the mental capacity to do so. In these cases, a litigation friend may be able to manage the claim on their behalf while the harmed party is unable to. However, if a minor turns 18 without a claim being made, then they have 3 years from that birthday to start one. If a patient recovers the required mental capacity and a litigation friend did not start a claim for them, then they have 3 years from that date.
To find out more about time limits, please contact our advisory team today.
How Often Are Doctor Negligence Claims Made?
Notably, the frequency of doctor negligence claims are increasing by the year. For instance, in the Clinical Negligence Scheme for General Practice (CNSGP), claims made in the years 2023 to 2024 showed a 9% increase over those made in 2022 to 2023. To illustrate, there were 2,382 claims made in 2023 to 2024, and 2,180 in the years 2022 to 2023.
To learn more about starting your doctor negligence claim, please contact one of our advisors today.
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Doctor Negligence Claim Examples
Please see the following examples of how a doctor negligence claim could arise:
- A doctor could fail to refer a patient with a breast lump for further testing, leading to an eventual delayed diagnosis of breast cancer, resulting in more aggressive treatment than they would have had.
- A doctor could misdiagnose a patient with a chesty cough instead of investigating their symptoms further. The patient could later find out they were suffering from lung cancer, leading to chest damage and psychological harm.
- A doctor could prescribe medication to a patient that contains aspirin, failing to look at the patient’s medical history which shows an aspirin allergy. The patient could therefore make a medication error claim for the organ damage they suffered as a result.
To discuss your personal experience, please contact our team today.
What Amount Of Doctor Negligence Compensation Can I Claim For?
In a successful doctor negligence claim, you could receive general damages as part of your compensation. In essence, general damages will award you for any physical and mental pain and suffering you experienced as a result of your harm.
Your medical records and the Judicial College Guidelines (JCG) will be used by a solicitor when calculating a value for your general damages. The JCG publication is also often used by legal professionals when assigning values to different types of harm.
All entries in the table below, aside from the first figure, have been taken from the JCG. Please note that they are merely guidelines.
| Harm | Notes | Guideline Compensation Pay-out |
|---|---|---|
| Multiple severe forms of harm with financial losses | More than one type of serious harm with special damages such as home modification costs | Up to £1,000,000+ |
| Kidney Injuries a) | Serious and permanent damage to or loss of both kidneys. | £206,730 to £256,780 |
| Kidney Injuries b) | A significant risk of future urinary tract infections with substantial future medical expenses. | Up to £78,080 |
| Lung Disease (a) | For a young person with serious disability with a possibility of leading to premature death. | £122,850 to £165,860 |
| Lung Disease (d) | Breathing difficulties with an uncertain prognosis but already significant effect on social and working life. | £38,210 to £66,920 |
| Lung Disease (e) | Bronchitis and wheezing not causing serious symptoms with varying levels of anxiety about the future. | £25,380 to £38,210 |
| Chest Injuries (b) | Traumatic injury to chest and lungs causing permanent damage and physical disability. | £80,240 to £122,850 |
| Female Reproductive Injuries (c | Infertility with no aggravating features and no sexual dysfunction in a young person without children. | £68,440 to £87,070 |
| Male Reproductive Injuries f) | Cases of orchidectomy with some psychological consequences but without loss of sexual function. | £24,490 to £27,560 |
For a more detailed analysis of your case, please contact our advisory team.
Can I Claim For Any Other Damages In A Doctor Negligence Claim?
Yes, you could also claim for special damages as part of your compensation. The award of special damages will reimburse you for financial losses you may have suffered due to your harm.
As such, please see the following examples of special damages:
- Loss of earnings, such as a loss in current or future income or loss of a bonus
- Medical expenses, such as private medical costs and prescriptions
- Travel expenses, such as public transport costs
- Care costs, such as child or elderly care
- Home modification costs, such as stairlifts to accommodate any permanent disabilities.
You must also evidence any special damages via receipts, invoices or payslips. To learn more about special damages, please contact our team today.
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We pride ourselves on providing the best service possible for our clients.
Do I Have To Change Doctor Surgery If I Make A Claim?
No, you won’t be required to change your doctor’s surgery if you make a claim against them. However, you may wish to change to a different doctor if you feel uncomfortable or awkward after your negligent experience.
You also have a right to change doctor’s surgery completely if you have upsetting memories of the building. Nevertheless, you are under no obligation to change.
To discuss starting your doctor negligence claim, please contact us today.
Will A Claim Stop Me From Getting NHS Treatment?
No, making a doctor negligence claim will not stop you from getting NHS treatment. As we previously mentioned, all healthcare professionals have a duty of care to all of their patients. Therefore, you cannot be treated differently or prevented from receiving treatment due to making a previous claim against the NHS.
You may, however, wish to make a complaint against a doctor if you’ve been mistreated due to this. To learn more about the standards of care of doctors, please get in touch.
Evidence Needed To Claim Doctor Negligence Compensation
To make a strong doctor negligence claim, you must provide evidence to prove that the harm you suffered was due to substandard care. As such, you could provide the following forms of evidence:
- Your medical records
- Photographs of any physical harm
- Contact details of witnesses
- Correspondence between yourself and the institution where you received negligent treatment
- X-rays, scans and test results
If you’re connected with one of our experienced solicitors, they could help you with evidence-gathering. To learn more, please contact our team today.
How JF Law Can Help Your Doctor Negligence Claim
At JF Law, our friendly team of advisors are here to help you after your unfortunate experience. You could also be connected with one of our No Win No Fee solicitors, who could provide the following benefits:
- Regular claim updates
- Explanations of terminologies
- Help with signing documents
- Assistance with evidence-gathering
- Advice that strictly adheres to the rules of confidentiality
To learn more about starting your doctor negligence claim, please get in touch.
Can I Make A No Win No Fee Claim For Doctor Negligence?
Yes, you could make a No Win No Fee claim for doctor negligence; our specialist solicitors have decades of experience in helping clients who’ve suffered medical negligence. By operating under a Conditional Fee Agreement, you could experience:
- No upfront or ongoing solicitor service fees
- No solicitor fees if your claim is unsuccessful
- A requirement to pay a small success fee for your solicitor’s work if your claim is a success. The success fee percentage is capped by law, and will be subtracted from your compensation. You’ll therefore always receive most of your settlement.
To learn more about the benefits of CFAs, please contact us today.
Contact JF Law’s Solicitors
To start your doctor negligence claim today, please get in touch:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Learn More
To learn more about medical negligence claims, see some of our other guides:
- Learn about surgery negligence
- Get help with gynaecology medical negligence claims
- See the advice on missed fracture claims
Additional external resources:
- Learn about how to find emergency care services from the NHS
- Get help with statutory sick pay from Gov.uk
- See the guidance on GP practices from the British Medical Association
Thank you for reading our guide on how to make a doctor negligence claim.
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