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Medical negligence happens when a medical professional gives a patient substandard care, and this causes harm or injury. Whilst the vast majority of the time, the care received from doctors, nurses, or other medical professionals is appropriate, occasionally mistakes happen, and negligence can occur.
Below, you can learn all about medical negligence claims, the process of seeking compensation, and how our specialist solicitors can help you.
If you have been harmed by substandard medical care, you could be owed compensation.
The size of this compensation is influenced by the injuries you suffered and claimable financial losses.
Claiming against the NHS will not affect your treatment.
You have three years to start a claim, although some exceptions apply.
Our experienced medical negligence solicitors can operate on a No Win No Fee basis.
Medical negligence is when a medical professional fails to treat you with the correct standard of care, resulting in further injuries and avoidable harm.
All medical professionals have a duty of care towards their patients. To make a medical negligence claim, you must meet the following criteria:
All three elements are needed for a successful claim.
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A medical negligence claim can be made up of compensation from two heads of loss. The first is general damages, which are awarded in every successful case. The second is special damages, which are not always present.
General damages compensate you for the harm you have suffered and this can include psychological as well as physical injury. Factors like the severity of the harm, the prognosis for the future and the impact on your life affect the size of general damages.
The team that calculates your general damages may refer to the Judicial College Guidelines (JCG). This document provides guidelines about suggested compensation for various injuries.
Here are examples from the JCG of what you may be compensated for injuries in a medical negligence claim, but please note that they are just guidelines and that the top figure is not from the JCG.
| Injuries | Severity | Compensation Guideline |
|---|---|---|
| Multiple Serious Injuries and Significant Financial Losses | Serious | Up to £1 million plus |
| Brain Injury | Very Severe | £344,150 to £493,000 |
| Bowel Injuries | Double Incontinence | Up to £224,790 |
| Lung Disease (b) | Lung Cancer | £85,460 to £118,790 |
| Kidney Injuries (a) | Serious and Permanent Damage or Loss of Both Kidneys | £206,730 to £256,780 |
| Severe Leg Injuries | Very Serious | £66,920 to £109,290 |
| Non-Traumatic Injuries To The Digestive System (i) | Severe | £46,900 to £64,070 |
| Bladder Injuries (d) | Long Term Interferance With Function | £28,570 to £38,210 |
| Spleen Injuries (a) | Loss of Spleen | £25,380 to £32,090 |
| Neck Injuries | Moderate (iii) | £9,630 to £16,770 |
To learn more about NHS compensation payouts, head here to read our in-depth guide.
4.8 (466 reviews) Here at Legal Expert, our medical negligence solicitors are passionate about helping our clients get their lives back on track.
We understand just how traumatic and upsetting it can be to suffer harm when undergoing medical care. We appreciate the issues you may face in your life, and the knock-on effects it can have.
That’s why from the moment you get in touch, we do all we can to remove the stress from your shoulders.
One way we help do this is by acting for you on a No Win No Fee basis. This means that:
If we do recover medical negligence compensation for you, we deduct a small fee to cover our costs.
If you’d like to take advantage of our free consultation, click below to speak with us.
4.8 (466 reviews) Below, you can find answers to questions we often get asked about medical negligence claims
If you have undergone medical treatment, you may receive a patient recall letter if you need to be re-examined. This could be potentially due to substandard medical treatment.
Not all patient recall letters are because of medical negligence but the medical professionals should explain why a re-examination is necessary. If medical negligence has occurred, you may be eligible to start a compensation claim.
If you would like to discuss a patient recall letter that you have received, you can reach out to our team.
To support your medical negligence claim, it is good practice to gather evidence. If there is some evidence you cannot obtain, our solicitors will be able to support you with this. Here are some examples of what may be used as evidence:
You can start a claim against the NHS if you suffered from medical negligence whilst in their care. To do so, you must meet the criteria discussed above.
Whilst the NHS aim to deliver patients with the correct standard of care, mistakes do happen, and if negligence has occurred, you are within your rights to claim compensation.
It may be the case that your treatment was not provided by the NHS but through a private organisation. You can still bring a claim in these circumstances, but the defendant will be the private body, and their insurer will pay the compensation if you are successful.
Whether looking to bring a claim against the NHS or a private treatment provider, you can take advantage of a free eligibility check by contacting our advisors.
If you are making a medical negligence claim, this will not affect your treatment. Your treatment should continue, and you should still receive the correct standard of care.
However, you can change to a different medical professional if you do not feel comfortable given the situation.
Contact our team today if you have suffered from medical negligence or have any questions about the claims process.
NHS England states that everyone who provides an NHS service must have their own complaints procedure. You can complain directly to the service provider or to the commissioner of the service in question, but you cannot do both. To find out who is the commissioner for the service about which you wish to complain, you can contact your local integrated care board (ICB).
Making a complaint could generate useful documents that could help prove your case, such as correspondence or a report on the care you received.
A private provider should have their own complaints procedure and you could contact the provider to obtain a copy of this.
Yes, you could make a claim for medical negligence on behalf of a loved one under certain circumstances. This can apply when the impacted person is:
Since a person would be unable to make decisions for a claim themselves under these circumstances, a loved one can act as their litigation friend. You can apply for this role or the court could appoint you. A litigation friend must act in the best interests of the affected party.
You may be eligible to claim medical negligence compensation on behalf of a deceased individual if you are acting as their estate. Under the Law Reform (Miscellaneous Provisions Act) 1934, the estate can claim compensation for the suffering/pain and financial losses that the person experienced before their death.
If 6 months pass after death without the estate making a claim, other family members/loved ones may qualify to seek compensation. Under the Fatal Accidents Acts 1976, they can claim in relation to the impact that the death has had on them. For example, they could claim compensation if they relied on the deceased for financial support.
There is no specific time frame for how long your medical negligence claim will take to settle because each case is different. Factors that can affect how long a case takes include:
In many cases, the insurance provider will cover the cost of medical negligence claims. For example, if you claim against the NHS, their insurer will pay compensation, meaning frontline care is not affected. The same applies to private medical organisations.
