Medical Negligence Claims
Do you want to know more about medical negligence claims? This guide is here to inform you more on this subject. If you want to claim for medical negligence but don’t know how, then we are here to help. We can even give you examples of how much medical negligence compensation you could receive.
Medical negligence claims
To find out more, get in touch with our advisors. They are available 24/7. You can find our contact details at the top of the page. Our advisors are here to assist in any way they can regarding your potential claim. Once they know more about your situation, they can let you know whether you could make a claim with help from a No Win No Fee solicitor on our panel.
Read on for more information.
Choose A Section To Read
- Medical Negligence Claims – What Are They?
- Claim Medical Negligence – Evidence Examples
- Potential Payouts – How Much Medical Negligence Compensation Could I Receive?
- Time Limits – How Long For A Medical Negligence Claim?
- Medical Negligence Claims – Can I Hire A No Win No Fee Lawyer?
Medical Negligence Claims – What Are They?
Every medical professional owes you a duty of care. This means that they must provide care that meets the minimum standard of care. Should they fall short of this and you experience avoidable harm as a result, then you could make a claim for medical negligence.
The term medical professional can refer to:
- Doctors
- Nurses
- Surgeons (including cosmetic/plastic surgeons)
- GPs
- Dentists
If your health is impacted in a negative way as a result of your treatment, this is not necessarily medical negligence. Medicine is a broad field, and certain medications and procedures can come with their own inherent risks. Managing those risks and making sure you are aware of them is part of a medical professional’s role.
If they fail to uphold their duty, it could lead to a patient beginning the medical negligence claims process if they have been unnecessarily harmed as a result.
Claim Medical Negligence – Evidence Examples
The type of harm that could be sustained due to medical negligence can vary depending on the specific situation. It can be physical or psychological or both.
You will need to prove that the harm you experienced was caused as a result of medical negligence. Here are some examples of what you could gather to support your claim:
- Doctor reports
- Hospital reports
- Prescriptions
- Copies of scans
- Copies of test results
- Letters of diagnosis
Medical negligence claims can be supported with other forms of evidence too. Reach out today to find out more.
Potential Payouts – How Much Medical Negligence Compensation Could I Receive?
Each case of medical negligence in the UK is unique. As such, they all need to be assessed individually before an appropriate amount can be calculated. Each figure is bespoke, intended to reflect the level of pain and suffering caused by the incident of medical negligence, along with financial losses that may also occur.
The table below shows figures from a publication called the Judicial College Guidelines (JCG). The latest edition was published in 2022. You can see various types of harm and values based on past court cases. You can use them to give you a rough idea as to how much you could be awarded. However, they should only be used as a guide because they don’t necessarily reflect how much you will be awarded if your claim succeeds.
| Type of Harm | Description | Amount |
|---|---|---|
| Kidney | (a) When just one or both kidneys are permanently damaged or even lost | £169,400 to £210,400 |
| Bowels | (a) Double incontinence with other medical complications. | Up to £184,200 |
| Female reproductive system | When failure to diagnose an ectopic pregnancy leads to infertility | £114,900 to £170,280 |
| Female reproductive system | Diagnosis of an ecoptic pregnancy is delayed, but there is no effect on fertility | £3,390 to £20,430 |
| Bladder | (b) Function and control are completely lost. | Up to £140,660 |
| Spleen | (a) Complete loss - internal infection is a continuing risk | £20,800 to £26,290 |
If harm you experienced due to medical negligence has caused a financial impact on your life, you could have certain figures reimbursed. This figure is known as special damages.
Examples of potential special damages include:
- Medical costs
- Travel expenses
- Loss of earnings
To find out how much medical negligence compensation you could be owed, get in touch with our advisors. We can give you a more accurate idea once we know more about your circumstances.
Time Limits – How Long For A Medical Negligence Claim?
Whilst the Limitation Act 1980 states that you generally have 3 years to begin the process of making a claim, this time limit is not always set in stone. Certain stipulations mean that it is sometimes possible to make a claim outside of the typical 3-year window.
To give an example, the time limit is suspended if the injured party is under the age of 18. During this time, an appointed litigation friend can put forward the claim on their behalf. If this has not been done, the three-year time limit will begin once the injured child turns 18. They will then have till their 21st birthday to start their own claim.
Similar rules apply when claiming on behalf of those who are suffering from a reduced mental capacity. Our advisors can tell you more about the medical negligence claims time limit.
Medical Negligence Claims – Can I Hire A No Win No Fee Lawyer?
All of the solicitors on our panel can work with their clients under a type of No Win No Fee agreement. This is called a Conditional Fee Agreement and can mean your lawyer takes a percentage (that has a legal limit) from your compensation if your claim is successful. They do not take this percentage if your claim fails.
If you choose to hire a solicitor, doing so on a No Win No Fee basis can mitigate the financial risks of accessing a solicitor’s services. In addition, there are no upfront fees or costs to cover their services.
Learn More About Medical Negligence
If you’d like to learn more about medical negligence, we have some guides that you may find useful:
- A Guide To Medication Errors In Healthcare
- How To Find Medical Negligence Solicitors
- What Is The Time Limit For Medical Negligence Claims? (UK)
Don’t hesitate to speak to us today for free legal guidance on medical negligence claims.