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X-Ray Negligence – How To Claim For Medical Negligence
This guide will explain what X-ray negligence is and when you could be eligible to make a claim. First, we will explain the duty of care that medical professionals owe their patients. Then we will look at the evidence that could support a claim for compensation. Also, we discuss the time limits that apply to beginning a claim.
X-ray negligence compensation claims experts
We also address how compensation payouts are calculated in medical negligence claims. In addition, we lay out the benefits of working with a medical negligence solicitor under the terms of a No Win No Fee agreement.
Read on to find out more. You can also request further information from our advisors by:
- Calling 0800 073 8804
- Chatting with an advisor using the live chat
- Filling out our claim online form
Select A Section
- How To Claim For X-Ray Negligence
- Examples Of X-Ray Negligence
- Proving Causation In An X-Ray Negligence Claim
- What Is The Average Payout For Medical Negligence?
- Why Make A No Win No Fee Radiography Medical Negligence Claim?
- Learn More About Medical Negligence Claims
How To Claim For X-Ray Negligence
Any medical professional giving you medical treatment owes you a duty of care, which means they must deliver an adequate standard of care. If they don’t provide this, their patient could experience a form of harm they would not have if they were given the right standard of care, meaning it was unnecessary or avoidable. This is known as medical negligence.
Showing that you experienced medical negligence involves:
- Showing that a medical professional owed you a duty of care.
- Demonstrating that this duty was breached by the medical professional.
- Proving that if this duty of care had been upheld, you would not have sustained the harm that you did.
Contact one of our advisors using the information above if you have questions about the merits of your potential X-ray negligence claim.
Time Limits On X-Ray Negligence Claims
Generally, the time limit for beginning a medical negligence claim is 3 years. This could be:
- 3 years from the date medical negligence occured.
- 3 years from the date you connect harm you experienced to a medical professional breaching their duty of care. This is referred to as the date of knowledge.
These time limits are established in the Limitation Act 1980, which also sets out certain exceptions. For instance, a person who is under 18 when they experience medical negligence will have their time limit suspended until their 18th birthday. Likewise, a person without the capacity to claim will have their time limit suspended indefinitely unless they gain the required mental capacity.
As an alternative to waiting until the time limit begins again, a litigation friend could make a claim on behalf of the claimant. This is someone who can act on behalf of the claimant in their best interests.
Contact one of our advisors today to learn more.
Examples Of X-Ray Negligence
X-ray negligence could occur during the course of your medical treatment. For instance, it could represent a breach of a medical professional’s duty of care if:
- A radiologist fails to spot obvious signs of a certain condition that show in an X-ray.
- Your X-ray results are mixed up with those of another patient, meaning that you suffer a delay in treatment.
- An X-ray is performed to a poor standard, meaning that the image is not of sufficient quality to detect a condition. This could lead to a medical misdiagnosis.
Contact one of our advisors today to learn more about the actions you could take if you have been avoidably harmed by X-ray negligence.
Proving Causation In An X-Ray Negligence Claim
If you wish to prove medical negligence in a compensation case, you must first collect evidence to support your claim. Useful evidence might include the following:
- A diary that details the symptoms you experience
- Your hospital records, which may contain copies of your X-rays
- Records of the treatment you have undergone
- The results of an independent medical assessment. Working with a lawyer from our panel could mean this can be arranged locally to you.
To see if you could be put in touch with a solicitor, contact one of our advisors using the details at the top and bottom of this page.
What Is The Average Payout For Medical Negligence?
If a claim for X-ray negligence succeeds, you could be compensated through two separate kinds of damages. These are known as general damages and special damages.
General damages are intended to account for the physical and psychological suffering caused by the harm you sustained. For example, this could include the pain you experience following a missed fracture that you then needed surgery to rectify. Solicitors usually value this head of a claim with assistance from the Judicial College Guidelines (JCG), which is a document containing compensation brackets for different forms kinds of injuries, illnesses and conditions.
The table below contains some of the brackets as found in the JCG. However, please remember these brackets are only a guide, as this document cannot account for all aspects of your circumstances.
Table Of Compensation Brackets
| Type of Harm | Severity | JCG Brackets | Notes |
|---|---|---|---|
| Neck Injury | (a)(i) Severe | In the region of £148,330 | Neck injuries that are associated with spastic quadriparesis; incomplete paraplegia; or continuing symptoms after years of wearing a neck collar. |
| Knee Injury | (a)(i) Severe | £69,730 to £96,210 | Knee joint is disrupted and considerable pain and loss of function occurs. |
| Leg Injury | (b)(ii) Severe | £54,830 to £87,890 | Such injuries will lead to permanent mobility issues and the need for mobility aids for the rest of the injured person’s life. |
| Leg Injury | (b)(iv) Severe | £27,760 to £39,200 | This bracket includes multiple or complicated fractures to the leg. |
| Hips/Pelvis Injury | (a)(ii) Severe | £61,910 to £78,400 | Injuries that are severe and have distinguishing features, such as a fractured pelvis that causes impotence. |
| Hips/Pelvis Injury | (b)(ii) Moderate | £12,590 to £26,590 | These cases involve hip replacement or a similar surgery. |
| Hand Injury | (e) Serious | £29,000 to £61,910 | Injuries that reduce the hand’s capacity to about 50% |
| Shoulder Injury | (a) Severe | £19,200 to £48,030 | There will be significant disability involving damage to the brachial plexus. This injury is often associated with neck injuries. |
| Shoulder Injury | (c) Serious | £12,770 to £19,200 | Shoulder is dislocated and the lower brachial plexus is damaged. |
| Knee Injury | (b)(i) Moderate | £14,840 to £26,190 | These injuries result in a mild future disability or accelerate symptoms from a pre-existing condition. Could involve a dislocation or torn ligament. |
How Special Damages Could Also Compensate You
A second potential head of claim, called special damages, can help you recoup financial losses you suffered due to X-ray negligence. The intent of this head of claim is to return you to the financial state you were in before the medical negligence occurred.
It could help you reclaim the cost of hiring care, travel to and from hospital appointments and also future/present loss of earnings. Evidence is an important aspect of this head of claim; this could include payslips, invoices and receipts. Contact one of our team members today to find out what you could be owed.
Why Make A No Win No Fee Radiography Medical Negligence Claim?
Our advisors may be able to put you in touch with one of our solicitors who could offer a kind of No Win No Fee agreement known as a Conditional Fee Agreement.
Using this kind of arrangement, you are not obligated to pay ongoing fees for their your solicitor’s services throughout the claims process. Should your claim fail, you also typically wouldn’t owe your solicitor any service fees.
If your X-ray negligence claim succeeds, your solicitor would take a success fee from your compensation. This takes the form of a percentage, which is capped under the Conditional Fee Agreements Order 2013.
Our No Win No Fee solicitors have a great deal of experience handling medical negligence claims, so speak to our advisors to learn more about working with one of them.
Contact Us
Our advisors are available 24 hours a day, 7 days a week, to answer queries you have about the merits of your potential claim or the claims process in general. If they feel that you have valid grounds for a clinical or medical negligence claim, they could also put you in touch with one of our solicitors.
Throughout this free consultation, there is no pressure to begin the process, so they will only offer this if you are happy to proceed. You can contact our team by:
- Telephoning 0800 073 8804
- Chatting with an advisor using the live chat
- Filling out our claim online form
Learn More About Medical Negligence Claims
Below we have compiled some useful articles about medical negligence:
Claiming For Head And Neck Cancer Misdiagnosis
Finding The Best Medical Negligence Solicitors Near Me
How Hard Is It To Prove Medical Negligence?
Some useful external resources:
Health and Social Care Act 2012: fact sheets – GOV.UK
Legislation and duties – NHS England
If you have experienced X-ray negligence, contact one of our advisors today for more information.
Written by Wright
Edited by Stocks
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