Clinical Negligence Compensation Claims

When you put your trust in medical professionals, you never expect to suffer physical injury or illness or mental ill health as a result. However, unfortunately, this can and does happen sometimes. Whether your condition is misdiagnosed or missed, you’re prescribed the wrong medications or you undergo inappropriate surgical treatments, the effects of clinical negligence can be very serious. If you believe you’ve experienced substandard medical care, it’s important to take action.

At Compare Compensation Claims, we can help you to find reputable clinical negligence solicitors who will fight for your best interests. The compensation you receive could help to relieve you of financial burdens caused by negligence, such as medical bills, the cost of adapting your home and more.

In What Circumstances Can I Make A Clinical Negligence Claim?

If you think you have been harmed because a healthcare professional failed in their duty of care towards you, you may be entitled to make a claim against them. For example, you might be eligible for compensation if a medical professional or health team has caused you to experience physical or mental harm because they haven’t followed professional diagnosis and treatment standards.

Examples of clinical negligence include:

• Unsuitable medication was prescribed to you and this had a negative impact on your health
• You were discharged from hospital too early and this caused you harm
• A mistake was made during surgery which made you unwell
• Your doctor failed to diagnose cancer, resulting in treatment delays
• Inadequate monitoring during childbirth led you to suffer birth injuries
• An error was made during dental treatment which caused you to lose teeth or suffer nerve damage
• Doctors failed to recognise the symptoms of mental illness, resulting in treatment delays and psychiatric suffering

Often when people think of clinical negligence claims, they think of doctors. However, doctors are not the only professionals that can commit clinical negligence. You might have received poor care from another healthcare provider, such as a nurse, dentist or pharmacist. It doesn’t matter whether the professional or team who provided substandard care were working in an NHS or private setting; if they breached standards and you suffered as a result, you are entitled to make a claim against them.

There is no set amount of time a clinical negligence case will take to settle, as it depends on how complex the case is and how long the defendant takes to admit negligence. On average, however, it takes roughly two to three years from the date you made the claim for compensation to come through.

How To Make A Clinical Negligence Claim

If you have decided to make a clinical negligence claim, the first step is to find a solicitor to support your case. By requesting a callback with us, you can access our expert advice and receive information on your specific situation.

For a successful claim, you must be able to prove that the medical professional was negligent and that you experienced physical, psychological or financial harm as a result. You will need to show that both a breach of duty of care and causation took place.

A breach of duty of care is tested through the ‘Bolam’ principle which is about ‘what should have been done’ rather than ‘what could have been done’. Causation means that the harm is directly caused by the defendant’s actions, i.e. there would have been a different outcome if they had acted differently.

It’s therefore a good idea to start gathering as much evidence as you can relating to your case to prove both causation and breach of duty of care. Evidence may include:

• Medical records
• Medical appointment dates and times
• Witness statements
• Prescription receipts
• Details of medical equipment or home adaptations used
• Photos or messages relating to the treatment

Clinical negligence claims can be complex and take a long time to resolve so it’s wise to take specialist legal advice to ensure you have the best chance of winning your case.

Clinical Negligence Fees And Compensation

When making a claim for clinical negligence, you don’t have to lose money over it. Many solicitors offer a ‘no win, no fee’ agreement where if your case is unsuccessful you don’t have to pay a penny. If it is successful, the ‘success fee’ is a percentage of the compensation amount you receive. This percentage will be agreed with your solicitor beforehand but can’t legally be more than 25%.

As is the case with any personal injury claim, the amount of money you receive in compensation will be dictated by a range of different factors. You can expect the amount of physical and psychological suffering you’ve experienced to be taken into account, as well as any loss of earnings you’ve suffered.

When consulting a solicitor, think about the impact the negligence has had on your life. For example:

• Have you had to pay for medical treatment to correct mistakes or improve your condition?
• Have you had to adapt your home or buy any specialist medical equipment?
• Have you had to give up any hobbies or activities?

Be ready to provide as much detail as possible about the negative effect the care you received has had on you. This will help your solicitor to build a strong case against the health professional or service in question and get you the maximum payout you’re entitled to. To get an idea of how much you might be entitled to in damages, check out our claims calculator.

Time Limits On Making A Clinical Negligence Claim

The claim must be started within three years of the date of the incident or within three years of the date you realised it happened, so it’s important not to delay legal action. If you believe a loved one died as a result of clinical negligence, you may be able to make a clinical negligence claim on their behalf.