Medical Negligence Compensation Claims

If you have experienced and illness or injury as a result of medical negligence, you might be entitled to claim compensation. Whether you have suffered as a result of a wrong diagnosis, mistake during surgery or another failure of care, the results of medical negligence can be devastating.

Taking legal action against those responsible may help to compensate you for your pain and suffering, as well as pay for any rehabilitation and care you may need. Take the first step towards making a medical negligence claim today.

Am I Eligible To Make A Medical Negligence Claim?

You can make medical negligence claims in the UK if you have been injured as a result of substandard treatment. You can also make a claim if you are the next of kin of someone who has died because of such treatment or who can’t take legal action themselves because they are lacking the capacity to do so.

Also known as clinical negligence, medical negligence refers to substandard care provided by a medical professional that has caused injury or resulted in an existing condition getting worse. There are many different examples of medical negligence. If you have experienced harm because a healthcare provider did any of the following, you may be able to make a medical injury claim:

• If you were provided with the wrong medication
• Failed to diagnose your condition or diagnosed you incorrectly
• Failed to get your informed consent for treatment
• Made a mistake during an operation or other medical procedure
• Didn’t warn you about the risks associated with a treatment

This can apply to a range of different circumstances and conditions. Some examples of medical negligence include:

• Failure to diagnose ectopic pregnancy
• Use of the wrong size prosthetic in surgery (e.g. for a knee or hip replacement)
• Failure to sterilise surgical instruments
• Administration of the wrong anaesthesia dosage
• Haemorrhage after gynaecological surgery

Medical negligence can be committed by healthcare providers including NHS staff and workers in private medical practices, as well as staff in GP surgeries, dental practices and pharmacies.

The length of time it takes to settle a medical negligence claim depends on how complicated the case is. This can be affected by a lot of variables such as how quickly the defendant admits their negligence and whether the harm is serious or life changing. The average time for a claim is two to three years.

How To Make A Medical Negligence Claim

In order to succeed in medical negligence compensation claims, you have to show that ‘on the balance of probability’ your treatment fell below medically acceptable standards and that this directly resulted in your injury. This can be a complex area of law, but a personal injury lawyer will be able to help in gathering the necessary  information and ensure you understand exactly what is required.

The first step is to find a medical negligence solicitor who can help you with your claim. It is important you provide as many details about your case as possible. The more evidence you have, the stronger your claim will be. Examples of evidence include:

• Medical records
• Timeline and record of appointments
• A written statement by you of your experience
• Photographs of any injuries sustained from medical negligence
• Receipts or proof of expenses (e.g. travel documents to appointments or loss of earnings proof due to inability to work)

Medical Negligence Fees And Compensation

Many solicitors will operate on a no-win, no-fee basis. This means that money doesn’t have to be a barrier to receiving the compensation you deserve. If your claim is unsuccessful, you won’t lose out financially and if it is successful, the solicitor takes a ‘success fee’, which is a set percentage of your compensation payout. This amount is capped at 25%.

The amount you could receive for a medical compensation claim will depend on a number of factors, including how severe your injuries are and the impact they have had on your life. Your compensation payment will take into account injuries or losses that have been directly caused by the treatment you received. This could include:

• The pain and suffering you have experienced
• The cost of any treatment you may need
• Loss of earnings
• The cost of adapting your home
• The cost of additional equipment or care you require
• Compensation if you can no longer carry out certain activities or hobbies due to your injuries
• Compensation for psychological harm

The court will take certain social security benefits that you may receive due to your injury, taking into account and deciding how much compensation to award you.

How Long Do I Have To Make A Medical Negligence Claim?

It’s important to be aware that in most cases, you must start your legal claim within three years of the date when the substandard treatment was provided or when you became aware that you had suffered an injury because of poor care.

This three year time limit doesn’t apply in the case of children. They have three years from their 18th birthdays to take legal action. Also, if the claim is for a patient who has a mental disability and therefore can’t manage their own affairs, the time limit doesn’t apply until (and unless) they recover from their disability. In both these cases, a parent or another person who is close to them can make a compensation claim on their behalf.

However as medical negligence cases can be highly complex to investigate and prove, it’s best to take specialist legal advice as soon as possible.