How To Make A Claim For Medical Negligence
Welcome to our guide on how to make a medical negligence claim. Healthcare workers have a legal and ethical duty to ensure that a high quality of care is provided to all patients. If you received substandard care that you believe to be below the level of competence expected, you could be entitled to compensation for medical negligence.
Whatever your circumstances, if you can prove that those who owed you a duty of care failed to uphold it, you could have grounds to make a claim. Some examples of medical negligence with potential grounds to establish a claim include but aren’t limited to:
- Getting a misdiagnosis or an incorrect prescription from a doctor
- Suffering a surgical error
- Receiving negligent medical advice
In this article, we’ll provide you with our guide on how to make a medical negligence claim. We’ll explain how to navigate your situation if you find that you’ve fallen victim to medical negligence and include our expert advice on how to give yourself the best chance of securing a payout.
However, if you’d like some advice tailored to your unique circumstances, then you can always get in touch with our team of specialist advisors, available 24/7. In doing so, you’ll receive a free assessment of your case, learning everything from whether you have a claim to how much compensation you could get.
What’s more, our specialist advisors can connect you to our panel of medical negligence lawyers who can handle your case. With years of experience in the claims industry, their expertise can give your claim the best chances of success. As they offer No Win No Fee agreements, you can work with them risk-free, meaning you don’t have to pay them if they don’t win your case.
So, with nothing to lose, why not see how they could help you secure the compensation that you deserve today?
- Call us on 0800 408 7827
- Complete one of our contact forms to organise a callback
- Use our live chat feature at the bottom of your screen
Jump To A Section
- Our Guide On How To Make A Medical Negligence Claim
- What Is The Medical Negligence Claim Process?
- Medical Negligence Claim Calculator
- Could I Use A No Win No Fee Agreement For My Medical Negligence Claim?
- Making A Complaint About Clinical Negligence
- Who Could Your Claim Be Made Against?
- What Is The Basis Of Making A Medical Negligence Claim?
- What Are The Stages Of A Clinical Negligence Claim?
- Medical Negligence Claim Process FAQs
- Contact Us And Request A Call Back
- Related Claims Services
Our Guide On How To Make A Medical Negligence Claim
We’ll begin by explaining how to navigate your situation if you find that you’ve fallen victim to medical negligence. Some questions that we’ll address include:
- What does the medical negligence claim process look like?
- Why should I make a complaint before making legal proceedings?
- Who could I make a medical negligence claim about?
- Can I make a claim for medical negligence?
- How long does an NHS negligence claim take?
- What is the average payout for medical negligence UK?
- How long do you have to make a claim for medical negligence?
What’s more, we’ll also include our expert advice on how to give yourself the best chances of securing a payout, such as:
- How to find the best medical negligence lawyer for you
- The benefits of using a No Win No Fee agreement
- How to evidence your claim
Alternatively, as mentioned above, our specialist advisors can give you a free assessment of your case, explaining everything from whether you have a claim to how much compensation you could get. What’s more, they can connect you to our panel of medical negligence lawyers who can handle your case on a No Win No Fee basis.
So, with nothing to lose, why not see how they could help you secure the compensation that you deserve today?
What Is The Medical Negligence Claim Process?
As mentioned above, healthcare workers have a legal and ethical duty to ensure that a high quality of care is provided to all patients. If you received substandard care that you believe to be below the level of competence expected, you could be entitled to compensation for medical negligence.
In this section, we’ll explore how to make a medical negligence claim and what steps you could take in the wake of your suffering.
Compensation is awarded according to two different types of damage that medical negligence has caused – general damages and special damages. As you’ll require evidence to support your claim, you could undergo an evaluation with an independent medical expert to determine the extent of your suffering. They’ll create a report summarising how you’ve been impacted by the medical negligence in question, potentially supporting your case. If you intend to recover any costs through claiming special damages, please retain bank statements or keep receipts to ensure that you can support your claim.
If you’re looking for more information on your situation or an explanation into your circumstances, it could help to make a complaint. If you experienced medical negligence at the hands of the NHS, then you could complain using their official complaints procedure. The organisation can look into the incident in question and create a report about everything that they know. If you received substandard care that fell below the level of competence expected in the NHS Constitution, then medical negligence could be established.
You can take your first step towards getting the compensation that you deserve by getting in touch with us today. Rather than looking for a local law firm, you need look no further, as technology allows us to connect with clients wherever they are. Our specialist advisors can connect you to our panel of specialist medical negligence lawyers who can handle your case. With years of experience in the claims industry, their expertise can give your claim the best chances of success on a No Win No Fee basis, so please get in touch today.
Medical Negligence Claim Calculator
If you’re wondering how much compensation you could receive as part of a medical negligence claim, there is no such thing as an average payout. Instead, compensation is valued according to the extent of physical, psychological and financial damage that you’ve suffered.
In this section, we’ll explain how settlements are typically decided for medical negligence claims and provide some figures from the Judicial College Guidelines as examples.
Generally, compensation is awarded according to two different types of damage that medical negligence has caused, which are general damages and special damages. If you’ve been physically or mentally harmed as a result of medical negligence, then you could be compensated for this by claiming general damages. This payout could account for the pain that you’ve suffered and any mental trauma that you’ve been left with.
To determine the extent of your suffering, you can undergo an evaluation with an independent medical expert as part of the claim. This would be conducted locally to you. After examining you and asking you a few questions, they’ll create a report summarising how you’ve been impacted by the medical negligence in question. If this report corroborates your claim, then it could be used as a key piece of supporting evidence.
Our panel of medical negligence lawyers can organise this appointment if you choose to work with them, using their wide network of medical professionals to make the experience as easy as possible for you. For more information on the service that they provide, please speak to one of our specialist advisors today.
In the meantime, you can find some examples of estimated payouts for general damages claims in the table below. The compensation brackets included were provided by the Judicial College, an organisation responsible for training Britain’s courts and tribunals.
| Injurt | Notes | Award |
|---|---|---|
| Illness (minor) | Minor symptoms of an illness that resolve in a few days, such as a minor reaction to medication. | £860 to £3,710 |
| Illness (severe) | Severe reaction to the likes of medication, or if an illness gets worse. Permanent injuries likely. | £36,060 to £49,270 |
| Back (severe) | Pain of a disabling nature | £36,390 to £65,440 |
| Post-Traumatic Stress Disorder (severe) | Severe trauma resulting in an inability to cope | £56,180 to £94,470 |
| Psychiatric damage (severe) | Severe trauma resulting in an inability to cope | £52,460 to £108,620 |
In addition to general damages, victims of medical negligence could claim special damages if they incurred financial losses as a result, both past and future. Some costs commonly recovered include but are by no means limited to:
- Medical expenses such as prescription costs
- Care fees such as professional home visits
- Travel costs such as public transport to and from medical appointments
- Loss of earnings including any predicted future loss of earnings
If you intend to attempt to recover any of these costs through claiming special damages, please ensure that you’re able to evidence each payment. This can be done by retaining bank statements or keeping receipts but ultimately ensures that you can support your claim.
Could I Use A No Win No Fee Agreement For My Medical Negligence Claim?
Our panel of medical negligence lawyers offers No Win No Fee agreements, meaning you can work with them risk-free. In simple terms, you don’t have to pay them if they don’t win your case.
What’s more, this type of agreement is particularly beneficial due to its lack of upfront and ongoing fees. Therefore, claimants can get legal help without having to worry about financial losses.
If our lawyers win your case for you, then they’ll take a small, legally-capped cut of your payout. As this is simply to cover their legal fees, you won’t lose much of your settlement, meaning you can walk away with the money that you deserve.
Making A Complaint About Clinical Negligence
If you’re looking for an apology for being caused to suffer unduly, then it’s important to note that healthcare professionals cannot be held accountable for their actions by a court of law. However, if you’re looking for more information on your situation or an explanation into your circumstances, it could help to make a complaint.
If you experienced medical negligence at the hands of the NHS, then you could complain using their official complaints procedure. The organisation can look into the incident in question and create a report about everything that they know.
If you received substandard care that fell below the level of competence expected in the NHS Constitution, then medical negligence could be established. In this case, you could be able to make a claim against those responsible for your suffering.
For more information on who you could make a claim against, please see the next section. Alternatively, please don’t hesitate to get in touch with our team of specialist advisors today to see how we could help you make a successful claim.
What Is The Basis Of Making A Medical Negligence Claim?
Healthcare workers have a legal duty to ensure that a high quality of care is effectively provided to all patients. If you received substandard care that you believe to be below the level of competence expected, you could be entitled to compensation for medical negligence.
As part of their duty of care healthcare workers must follow certain guidelines to ensure the wellbeing of their patients. An example of these guidelines is the NHS Constitution, which you could hold a healthcare worker liable for breaching. Some values set by this constitution that NHS workers must demonstrate a commitment to include:
- Respect and dignity for all patients, families, carers and fellow staff members
- Openness and honesty when communicating medical matters
- Quality care provided safely and effectively
- Compassion, humanity and kindness
- Equality, ensuring nobody is excluded or discriminated against
Similar values can be found across healthcare organisations, whether public or private. Therefore, if you can prove that those who owed you a duty of care failed to uphold it, you could have grounds to make a claim.
For more information on how to make a medical negligence claim, please continue reading. Alternatively, please don’t hesitate to get in touch with our team of specialist advisors today to see how our panel of medical negligence lawyers could help you get the compensation that you deserve.
Who Could Your Claim Be Made Against?
As mentioned in the section above, the NHS Constitution must be adhered to by all of the organisation’s healthcare workers. If you can prove that those who owed you a duty of care failed to uphold it, you could have grounds to make a claim.
In addition to NHS trusts, you could be able to hold the following organisations and healthcare workers liable for medical negligence, whether publicly or privately funded:
- Clinical commissioning groups
- Doctors, GPs and surgeons
- Mental health professionals
- Dentists and dental professionals
- Nursing staff and healthcare assistants
- Local authorities with public healthcare responsibilities
Whoever or whatever organisation you wish to make a medical negligence claim against, we could help. By contacting our team of advisors today, they can offer advice tailored to your unique circumstances. After receiving a free assessment of your case, you can learn everything from whether you have a claim to how much compensation you could get.
What’s more, our specialist advisors can connect you to our panel of medical negligence lawyers who can handle your case on a No Win No Fee basis. To learn more about the services that we offer, please continue reading or get in touch today.
What Are The Stages Of A Clinical Negligence Claim?
In this section, we’ll briefly outline the key steps of how to make a medical negligence claim. Though every case is different, you can expect to see the following stages in a typical claim process.
Collecting Evidence
As mentioned above, compensation is awarded according to two different types of damage that medical negligence has caused; general damages and special damages.
To evidence general damages, you can undergo an evaluation with an independent medical expert to determine the extent of your suffering. After examining you and asking you a few questions, they’ll create a report summarising how you’ve been impacted by the medical negligence in question.
On the other hand, if you intend to recover any costs through claiming special damages, please ensure that you’re able to evidence each payment. This can be done by retaining bank statements or keeping receipts but ultimately ensures that you can support your claim.
Other types of evidence include any letters or notes from your doctor and details of witnesses who can support your case.
Making A Complaint About Healthcare Services
if you’re looking for more information on your situation or an explanation into your circumstances, it could help to make a complaint.
If you experienced medical negligence at the hands of the NHS, then you could complain using their official complaints procedure. The organisation can look into the incident in question and create a report about everything that they know.
If you received substandard care that fell below the level of competence expected in the NHS Constitution, then medical negligence could be established. In this case, you could be able to make a claim against those responsible for your suffering.
Contacting A Solicitor
You can take your first step towards getting the compensation that you deserve by getting in touch with us today. Rather than looking for a local law firm, you need look no further, as technology allows us to connect with clients wherever they are.
Our specialist advisors can offer advice tailored to your unique circumstances and are available 24/7. After receiving a free assessment of your case, they can tell you everything from whether you have a claim to how much compensation you could get.
What’s more, our specialist advisors can connect you to our panel of medical negligence lawyers who can handle your case. With years of experience in the claims industry, their expertise can give your claim the best chances of success.
Medical Negligence Claim Process FAQs
Before we conclude our guide on how to make a medical negligence claim, we’ll briefly address some key questions shared by prospective claimants.
Can I make a claim for medical negligence?
Healthcare workers have a legal and ethical duty to ensure that a high quality of care is efficiently provided to all patients. If you received substandard care that you believe to be below the level of competence expected, you could be entitled to compensation for medical negligence.
Whatever your circumstances, if you can prove that those who owed you a duty of care failed to uphold it, you could have grounds to make a claim.
What is the average payout for medical negligence UK?
According to a 2019 report, medical negligence claims in the UK cost the NHS around £83.4 billion each year.
However, as demonstrated by the estimated compensation table above, there is no average payout for medical negligence claims. Instead, payouts are valued according to the extent of physical, psychological and financial suffering caused.
To see how much compensation you could receive by making a medical negligence claim, please get in touch with us today for a free consultation.
How long do you have to make a claim for medical negligence?
Medical negligence claims have a time limit of 3 years from the day of the incident in question. If you don’t heed the relevant limitation period for your case, you could risk losing your eligibility for compensation.
For victims lacking the capacity to claim themselves, the time limit is frozen until they’re able to make legal proceedings. If this capacity is never regained, then a ‘litigation friend’ can claim on their behalf.
Similarly, for victims under the age of 18, the time limit is frozen until they’re of age to make legal proceedings. Alternatively, they can appoint their parent or guardian to claim for them.
Contact Us And Request A Call Back
If you’d like some advice tailored to your unique circumstances, then you can always get in touch with our team of specialist advisors, available 24/7. In doing so, you’ll receive a free assessment of your case, learning everything from whether you have a claim to how much compensation you could get.
What’s more, our specialist advisors can connect you to our panel of medical negligence lawyers who can handle your case. With years of experience in the claims industry, their expertise can give your claim the best chances of success. As they offer No Win No Fee agreements, you can work with them risk-free, meaning you don’t have to pay them if they don’t win your case.
So, with nothing to lose, why not see how they could help you secure the compensation that you deserve today?
- Call us on 0800 408 7827
- Complete one of our contact forms to organise a callback
- Use our live chat feature at the bottom of your screen
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Thank you for reading our guide on how to make medical negligence claim.
Guide by Via
Edited by Ard