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How To Make A Doctor Negligence Claim
By Stephen Hudson. Last Updated 9th October 2024. This guide to making a doctor negligence claim explains when it is possible to seek compensation for avoidable suffering caused by a trusted professional failing to provide the care expected of them.
Medical negligence does unfortunately occur sometimes, and in different ways. As well as looking at how a clinical negligence claim could arise, we discuss who a compensation claim could be made against.
Our specialist medical negligence solicitors use their legal expertise to help clients get the best possible outcome for their case. This guide outlines how you can be compensated if your claim is successful and why our solicitors’ No Win No Fee terms mean they only take a fee if they secure a payout for you.
You can talk to us for further information and guidance at any time. Our 24/7 help service is completely free to use, with no obligation to claim. Reach us today through any of these options:
- Call our helpline on 0800 073 8804.
- Contact us through our site.
- Use the live chat tab in the lower-left of your screen.
Select A Section
- Can I Make A Doctor Negligence Claim?
- What Types Of Harm Could Lead To A Doctor Negligence Claim?
- How Can I Sue My Doctor For Negligence?
- Is There A Time Limit When Making A Medical Negligence Case?
- Who Do I Make My Doctor Negligence Claim Against?
- Can I Make A Claim Against A Private Healthcare Provider?
- How Much Doctor Negligence Compensation Could I Receive?
- Can I Claim For The Long Term Effects Of Medical Negligence?
- Can I Sue My Doctor Using A No Win No Fee Solicitor?
- Learn More About Claims For Medical Negligence
Can I Make A Doctor Negligence Claim?
Incorrect treatment can happen for many reasons, some of them completely out of a doctor’s control. You can only claim compensation if you experienced medical negligence.
As a medical professional, a doctor has to uphold the correct standard of care for all patients at all times. To remind themselves of what that entails, they might look at professional guidelines, such as those supplied by the regulatory body for doctors, the General Medical Council (GMC).
By following these guidelines and giving correct treatment, a doctor can uphold the duty of care they owe their patients.
A concise definition of medical negligence is a healthcare professional providing care that falls short of those standards. That negligent treatment would then cause a patient harm that would have otherwise been avoided.
Therefore, you can make a medical negligence claim if:
- A doctor owes you a duty of care.
- Their treatment does not meet the standard expected of a competent professional.
- Because of this breached duty of care, you suffer avoidable harm.
You can call our helpline now to discuss your potential doctor negligence claim. Whether you know negligence occurred or need some guidance, our dedicated advisors are here to help.
What Types Of Harm Could Lead To A Doctor Negligence Claim?
Our medical negligence solicitors handle claims that have come about for numerous different reasons. Medical malpractice can result from negligent errors at various stages of the treatment process, so your doctor negligence claim might be for any of the reasons below.
Misdiagnosis
An important early stage in the process is diagnosis, where a doctor discusses your symptoms with you, performs or arranges tests, and then provides an assessment of your medical condition.
If negligent care leads to a wrong or delayed diagnosis, it could send you down the wrong treatment path or leave a condition untreated entirely.
For example, a doctor orders a mammogram but does not read the results properly, so tells the patient they are fine. However, they have breast cancer and, due to the cancer misdiagnosis, the condition worsens before they can get treatment.
Birth Injuries
Both the mother and baby are at risk during a birth, so doctors must take care to keep both safe. Any birth injury caused to either due to substandard care could form the basis for a claim.
For example, if a doctor is unnecessarily rough in delivering a baby using birthing tools and causes the mother to suffer a broken hip, the mother could make a broken bone birth injury claim.
Medication Errors
A medical negligence case could come about because of a medication error by a doctor. Again, your case is valid if you can show that you got the wrong medication, or the wrong dosage, because of care that fell short of the expected standard.
For example, a doctor could confuse your records with another patient’s and prescribe medication that treats a different problem. As well as suffering the side effects of that medicine, the lack of effective medication makes your existing condition worse.
These aren’t the only ways in which you could have suffered medical negligence, so whether your case is similar or not, just call the number above to discuss doctor negligence claims with an advisor.
How Can I Sue My Doctor For Negligence?
Assuming that you’ve experienced medical negligence, there are a few key steps to take before you make a claim. You could benefit from:
- Getting medical treatment. As well as making sure your condition gets the right care, you will be able to get the issue assessed by a professional.
- Collecting medical evidence. While getting treatment, be sure to request a copy of your medical records. This will help to highlight the harm you have suffered.
- Gather anything else that helps to prove medical negligence. This can include details about who treated you and where, a diary tracking your symptoms or witness contact information.
- Deciding to seek legal advice. Making a medical negligence claim on your own is possible, but you could instead get legal representation from someone who knows the claim process.
Our expert medical negligence solicitors can help further your case in many ways. For more information on how you can help your potential doctor negligence claim, plus how a specialist solicitor can help make the process run smoothly, simply call us on the number above.
Is There A Time Limit When Making A Medical Negligence Case?
A legal time limit applies to medical negligence claims. Due to the Limitation Act 1980, medical negligence cases must begin within three years. The three-year timer could start on the date that the negligent care happened. Alternatively, if the link between a breached legal duty and your pain is established later on, your three years could start from when you found out, in what is known as the date of knowledge.
The time limit is put on hold only in certain circumstances, such as:
- If the affected person is a minor who hasn’t turned 18. A pause exists until their 18th birthday, at which point they have until they turn 21 to start legal action. During that pause period, an adult could become their litigation friend and carry out the case for them.
- The person who suffered harm through negligence does not have the mental capacity to begin a medical negligence claim. Their time limit is paused entirely and only starts if they recover. Again, a litigation friend can step before the pause is cancelled.
Get further information on medical negligence claim time limits and how long you have to start your claim by calling today.
Who Do I Make My Doctor Negligence Claim Against?
Although your doctor negligence claim might be because of the actions of one doctor, generally, you would not sue them as an individual. Instead, your claim would be made against the institution they work for. In the next season, we take a closer look at who these institutions might be.
If you want to find out whether your claim can be handled by an expert medical negligence solicitor, get in touch for a free case assessment.
Can I Make A Claim Against A Private Healthcare Provider?
You can claim medical negligence compensation against any organisation whose doctor provided you with harmful and negligent medical treatment.
This might be a private healthcare provider. Many patients go private in the hopes of getting quicker and better care, but medical staff in a private hospital or clinic have the same duty of care as those who work in the public sector. With that being said, it is equally possible to sue the NHS for a doctor’s negligence.
Whatever medical body your doctor negligence claim is against, we can help. Call today for a free initial consultation and find out more about the service our solicitors offer.
How Much Doctor Negligence Compensation Could I Receive?
If one of our solicitors takes on your case and you win, you will receive clinical negligence compensation. You can be compensated in two ways, each covered by their own head of loss.
The main head is called general damages. It compensates for the way in which negligent treatment affects you physically and mentally. For example, if drug errors cause internal injuries and the worsening of your existing condition, leading to you suffering significant stress, this head of claim could account for all three.
Those calculating how much compensation you get for avoidable harm you experience have to consider multiple factors. This includes the nature and severity of the harm, as well as the impact on your quality of life. They might seek pointers from the Judicial College Guidelines (JCG), a document composed of compensation brackets. These brackets, some of which you can see in the table we’ve inserted below, offer guideline compensation ranges for different types of harm.
Compensation Table
Our table uses JCG figures in all lines except the top one. Please note that the compensation awarded in every claim is different, so none of these numbers guarantee what you would receive.
| HARM | DESCRIPTION | GUIDELINE PAYOUT |
|---|---|---|
| Multiple Forms of Severe Harm And Financial Losses | Serious | Up to £1,000,000+ |
| Bladder | Double Incontinence | Up to £224,790 |
| Bladder | Some Fairly Long-Term Interference With Function | £28,570 to £38,210 |
| Bowels | Absolute Loss of Natural Function | Up to £183,190 |
| Lungs | Lung Cancer (Typically Affecting an Older Person) | £85,460 to £118,790 |
| Kidney | Significant Risk of Future Loss of Function | Up to £78,080 |
| Pelvis and Hips | Severe (iii) | £47,810 to £64,070 |
| Digestive System - Illness/Damage Resulting From Non-Traumatic Injury | Severe Toxicosis | £46,900 to £64,070 |
| Brain Injury | Less Severe | £18,700 to £52,550 |
| Spleen | Loss of Spleen - Minimal Risk of Future Infection | £5,310 to £10,550 |
Can I Claim For The Long Term Effects Of Medical Negligence?
The secondary head of loss is called special damages. When claiming compensation for your pain and suffering, you can also seek a payment accounting for financial losses. Medical negligence can have all sorts of financial ramifications, such as:
- Current and future treatment costs.
- Prescription fees.
- Paying for travel to follow-up appointments.
- Being billed for domestic care if you need help at home.
- Missing out on work, or even having to leave your job, because of the harm you experienced.
As long as you have relevant evidence, such as payslips or receipts, your solicitor could help secure a payment under this head of loss.
If you’d like to learn more about the compensation you could receive by making a medical negligence claim, contact our team of advisors today.
Can I Sue My Doctor Using A No Win No Fee Solicitor?
If you speak to our advisors about making a doctor negligence claim and they determine that you have a strong case, then they could connect you with one of our No Win No Fee solicitors. They can support claimants seeking compensation for medical negligence by a doctor under a Conditional Fee Agreement (CFA). Under such an agreement:
- You pay nothing in fees at any stage before the end of the claim.
- In the event that your claim isn’t successful, you usually aren’t asked to cover the solicitor’s fees.
- If you win your case, the solicitor doesn’t ask you to pay. Instead, they’ll take a small percentage of the compensation awarded to you to cover their success fee.
A legal cap is set for the percentage a solicitor can take as their success fee. Therefore, claimants should always get to keep the majority of their compensation. Our solicitors are always open and transparent about what their success fee would look like. Details of payment will be outlined in your agreement with your solicitor.
If you want to ask our advisors questions such as “can I sue a doctor with a No Win No Fee solicitor?”, you can get in touch today. Our team could do a free review of your potential case and talk you through the claiming process. To contact us, you can:
- Phone us on 0800 073 8804
- Use our online contact page here
- Or you can message us on our 24/7 live chat
Learn More About Claims For Medical Negligence
We offer plenty of guidance on medical negligence claims, like the following:
- A guide to making a GP negligence claim if your GP misdiagnoses a condition in a video examination.
- Learn how No Win No Fee medical negligence solicitors can help if you were discharged too early from hospital due to negligence.
- Our guide to making a blood test negligence claim against healthcare practitioners.
Some further context can be found through these resources:
- Government guidance on Statutory Sick Pay and what you’re entitled to.
- The GMC outlines how to complain about a doctor’s behaviour and treatment.
- The NHS Resolution’s annual report from 2023/24, showing how much was paid out in clinical negligence claim payouts.
We hope this guide to making a doctor negligence claim has helped, but you can call any time if there’s anything further we can help you with.
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