The prospect of needing medical care can be distressing enough without the thought that things might go wrong because of substandard care. Yet, if you have suffered because of failures in the care you received, you could be entitled to claim medical negligence compensation.
Before we outline the claims process, we will first define medical negligence and explain how to know if you have a valid case for compensation. We will also delve into some of the more common medical negligence claims, featuring examples of negligent care.
Our guide will also take a detailed look at clinical negligence compensation, including how claims are valued and what it can cover. Next, we consider the matter of evidence and how long you have to start a claim.
Then, we discuss what a Conditional Fee Agreement (CFA) is and why medical negligence lawyers offer them to claimants. Finally, we answer a few of the more commonly asked questions related to medical negligence claims.
To discuss how our panel of specialist medical negligence solicitors can help you, please reach out using the details listed below:
- Ring on 0800 408 7825
- Fill out the online contact us form.
- Speak to an advisor in our live chat window.
- What Is Medical Negligence?
- Am I Eligible To Claim For Medical Negligence?
- Can I Claim For Clinical Negligence Against The NHS?
- What Are The Most Common Medical Negligence Claims?
- How Much Medical Negligence Compensation Could I Get?
- How Can I Prove I Have Been A Victim Of Medical Negligence?
- Is There A Time Limit For Making A Claim?
- How Can A Conditional Fee Agreement Help Me Claim?
- Frequently Asked Questions
- More Information
What Is Medical Negligence?
As an umbrella term, medical negligence can be defined as a patient receiving substandard care, resulting in unnecessary harm. In short, medical professionals are expected to provide a minimum standard of care to their patients. This is their duty of care, and patients can suffer lifelong consequences when a healthcare provider fails to meet expectations.
Please reach out to our team to discuss your case and keep reading as we explore medical negligence at length.
Am I Eligible To Claim For Medical Negligence?
In order to have valid grounds for a medical negligence compensation claim, you need to be certain your situation meets the following criteria:
- A medical professional, such as your GP, owed you a duty of care.
- They fell short of the minimum standard of care expected of them.
- As a direct result, you suffered unnecessary harm.
However, it’s important to point out that not all harm is due to a failure of care. After all, many treatments have some expected risk, meaning harm and even unsuccessful surgery are not always avoidable.
To find out whether you have grounds to make a medical negligence claim, get in touch with our team for advice specific to your circumstances.
Can I Claim For Clinical Negligence Against The NHS?
Whether you were an NHS patient or went private, you could be entitled to compensation if you can prove that you received negligent treatment. If the clinical negligence involved an NHS hospital, you would make a claim against the NHS trust responsible for it. In contrast, claims in the private sector would be against specific medical institutions.
Get in touch with one of our advisors to learn more about medical negligence compensation involving the NHS and private healthcare.
What Are The Most Common Medical Negligence Claims?
There are many reasons why substandard care occurs, but let’s take a closer look at some of the most common medical negligence compensation claims.
Misdiagnosis
Misdiagnosis is not always due to medical negligence. It often affects cancer patients, including one in four people with kidney cancer (according to a 2021 Kidney Cancer UK survey).
In the case of medical negligence, a GP could mistake breast cancer symptoms for a cyst despite knowing you are in a high-risk category. Compounding that misdiagnosis, the doctor would be unlikely to order a mammogram, potentially making the cancer harder to treat.
Incorrect Treatment Or Medication
Many medication errors (but not all) are due to substandard treatment. For instance, a doctor would be at fault for any harm caused by prescribing a medication containing an ingredient that your medical records confirm an allergy to. Likewise, a nurse would fall short of expectations if they give you multiple medicines that should never be combined.
Delayed Diagnosis
A diagnosis delay can have far-reaching consequences, preventing timely medical treatment and potentially allowing an illness to worsen. Not all delays are due to negligence, but a lack of competence could mean a doctor improperly performs a chest x-ray and misses the signs of a collapsed lung.
Inadequate Management Of Medical Conditions
A healthcare professional who mismanages long-term or chronic conditions can increase the risk of serious deterioration. In the context of diabetes, mismanagement could result in inadequate monitoring of blood glucose levels or patients not receiving appropriate advice on how to self-manage their condition.
Failure To Make Referral
Generally, your healthcare provider should act on anything that requires a specialist referral. If your test results indicate you have a thyroid problem, a doctor may be negligent in failing to refer you to an endocrinologist. Likewise, administrative errors may prevent a referral if a doctor’s receptionist misplaces or loses your files.
Incorrect Surgery Or Surgery Errors
Surgical negligence can have serious negative consequences if it leads an operation to go wrong. For instance, substandard surgery could leave clamps behind in your body, resulting in sepsis and additional surgery. In other surgical negligence claims, patients have been left with long-term nerve damage because their surgical team misread their notes and operated on the wrong part of the spine.
These examples of negligence are not exhaustive. Moreover, as noted earlier, not all harm is avoidable or because of standards not being met. If you’re unsure whether you have a case, feel free to discuss your specific circumstances with one of our trained advisors.
How Much Medical Negligence Compensation Could I Get?
How much compensation that can be awarded varies. For instance, a very severe brain may attract anything from £344,150 to £493,000, according to the Judicial College Guidelines (JGC). The JCG is a document that medical negligence solicitors sometimes use in conjunction with other evidence to help judge the value of a claim.
Please note that the following examples do not guarantee how much compensation you could receive. In addition, the initial figure does not come from the JCG.
| Injury | Compensation | Notes |
| Multiple forms of severe harm and financial losses | Up to £1,000,000+ | Will include physical or psychological harm as well as related costs, such as professional care and lost income |
| Paralysis – Paraplegia | £267,340 to £346,890 | Takes into consideration factors like pain severity, the risk of increasing paralysis, and the extent of independence |
| Brain – Moderately Severe | £267,340 to £344,150 | Can result in very serious physical or cognitive disability, resulting in significant dependence on others |
| Kidney – Serious (a) | £206,730 to £256,780 | Both kidneys will have either been lost or sustained permanent damage |
| Back – Severe (i) | £111,150 to £196,450 | Due to spinal cord/nerve root damage, claimants will experience severe pain alongside disability |
| Bowels – Total loss | Up to £183,190 | Natural function is fully lost, and there will be a dependence on colostomy |
| Neck – Severe (i) | In the region of £181,020 | Cases can include incomplete paraplegia and permanent spastic quadriparesis |
| Bladder – Seriously impaired control | £78,080 to £97,540 | There will also be some degree of pain as well as incontinence |
| Psychiatric damage generally – Moderately severe | £23,270 to £66,920 | Optimistic prognosis despite significant effect on life, work, and study. Cases can include negligent stillbirth and traumatic birth |
| Facial Disfigurement – Less severe scarring | £21,920 to £59,090 | Substantial disfigurement alongside significant impact on mental health |
How Is Compensation Calculated?
In clinical negligence claims, compensation payouts are calculated under two heads of loss: General damages (accounting for pain and suffering) and special damages (the financial impact).
Various factors will influence the level of compensation awarded, but one of the main considerations is the severity of harm suffered. In addition, general damages may take into account any impact on quality of life and whether there is an ongoing need for rehabilitation.
Meanwhile, special damages provide financial compensation for a range of related costs. If you have proof like payslips or invoices, you could be reimbursed for:
- Professional care or day-to-day support from loved ones.
- Out-of-pocket costs for prescriptions, rehabilitation, or treatments.
- Lost income due to work absences or a missed promotion.
- Home or vehicle adaptations needed to accommodate your disabilities.
- Travel costs incurred whilst attending medical appointments, such as for public transport or parking.
For more information about medical negligence compensation, contact a team member today.
How Can I Prove I Have Been A Victim Of Medical Negligence?
Evidence will be crucial if you want to prove that medical negligence occurred. In particular, the following examples can be beneficial:
- Medical records showing negligence, such as copies of improperly performed MRI scans or doctor’s notes showing clear symptoms.
- Medication packaging or copies of prescription forms.
- Up-to-date contact details for anyone who might have witnessed negligent care at your medical appointments. A medical negligence solicitor from our panel can use the information to collect supporting statements on your behalf.
Do you have questions about how our panel of solicitors work to prove medical negligence compensation claims? Then, please don’t hesitate to reach out to one of our advisors.
Is There A Time Limit For Making A Claim?
Usually, medical negligence compensation claims follow a three-year timescale set out by a piece of legislation known as the Limitation Act 1980. Essentially, it means claims must be started within three years of the negligence (or the date you realised it was to blame).
Nevertheless, some individuals are exempt from this time limit if they meet specific conditions:
- Since children cannot make a claim until their 18th birthday, the three-year time limit is paused until the date they come of age.
- Individuals who cannot manage their own affairs aren’t subject to the time limit unless they recover their mental capacity. In that event, the time limit pause ends at whatever date they made a recovery.
However, you may have concerns about waiting too long. If time limit pauses apply to your loved one, you could become a litigation friend (or have a solicitor take on the role) to pursue a claim on their behalf.
Our specialist advisors can answer any questions you have about time limits and why they sometimes have exceptions.
How Can A Conditional Fee Agreement Help Me Claim?
If you have reservations about hiring a lawyer because of solicitor fees, you could benefit from signing a Conditional Fee Agreement (CFA). It aims to reduce the financial risk of escalating solicitor fees by ensuring you don’t pay for their services either:
- At the start of a claim.
- During the claim.
- If the claim fails.
In the event of a successful claim, CFAs stipulate that your solicitor will receive a success fee, taken as a small percentage of your medical negligence compensation. It acts as payment for your solicitor’s work and is legally capped.
Contact Us
If you would like to discover how you can start your compensation journey with a No Win No Fee solicitor from our panel, please connect with one of our understanding advisors:
- Ring on 0800 408 7825
- Fill out the online contact us form.
- Speak to an advisor in our live chat window.
Frequently Asked Questions
We understand you may still have questions, so we’ve answered some of the most commonly asked ones below.
Can I Claim On Behalf Of My Child?
As noted earlier, you do have the option of claiming on your child’s behalf as a litigation friend. Alternatively, someone else (such as your family’s solicitor) can assume the role.
Do I Have To Make A Complaint Prior to Claiming?
No, there is no requirement to do so. In fact, you can start a claim and submit a complaint simultaneously. If your complaint prompts an investigation, you could even use its findings as supporting evidence.
Will Any Treatment I Receive Be Affected If I Claim?
The quick answer is no. A claim shouldn’t affect your right to access appropriate treatment or care that meets your needs.
Will I Have To Attend Court If I Make A Claim?
Medical negligence compensation claims rarely result in a court appearance. Typically, those rare instances are due to a defendant refusing to accept liability or because negotiations couldn’t reach a settlement.
More Information
For further information involving claiming compensation, please consider our guides:
- Learn how to claim for a broken leg caused by a road traffic accident
- Find out how to claim for a fractured femur in a public place
- Get help claiming for an elbow injury at work
We have also collected some additional resources:
- The General Medical Council (GMC) offers guides for patients.
- Government information on claiming Statutory Sick Pay.
- The Royal College of Nursing outlines a nurse’s duty of care.
Finally, we want to thank you for taking a moment to read our comprehensive guide to medical negligence compensation claims.