With nearly 15,000 medical negligence claims were brought against the NHS in 2023 to 2024 alone, it is clear that, unfortunately, sometimes things can go wrong in medical procedures, leading to compensation claims. This figure isn’t representative of how many clinical negligence claims arise, as it doesn’t account for any claims brought against private healthcare providers, suggesting there could be some 15,000+ medical negligence claims per year.
With that said, we have created this comprehensive guide to answer your most commonly asked medical negligence questions. Continue reading to learn more, or use our contact details below to be connected with one of our friendly advisors.
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Your Most Asked Medical Negligence Questions
- What Is Medical Negligence?
- What Are 5 Examples Of Medical Negligence?
- What Are The 4 Elements To Prove Medical Negligence?
- Can Medical Negligence Claims Be Made Against The NHS?
- Will A Medical Negligence Claim Against The NHS Be Unethical?
- Will An NHS Medical Negligence Claim Be Paid Using The NHS Budget?
- Can I Make A Claim For Medical Negligence Against Private Healthcare?
- Will I Be Able To Claim For Medical Negligence On Behalf Of A Loved One?
- Can A Medical Negligence Claim Impact My Access To Medical Treatment?
- What Evidence Is Needed For Medical Negligence Compensation?
- Is There A Time Limit To Claim Compensation For Medical Negligence
- Will I Need To Go To Court For A Medical Negligence Claim?
- How Much Will It Cost Me To Make A Claim For Medical Negligence?
- Can Legal Expert Help Me To Claim Medical Negligence Compensation?
- More Information
What Is Medical Negligence?
Medical or clinical negligence can occur when a healthcare professional’s treatment falls below the standard expected of them, causing their patient avoidable and unnecessary harm.
All medical professionals, including doctors, nurses, pharmacists and dentists, owe all of their patients a duty of care, which is to provide the minimum standard required of them in their role. When this duty is breached and a patient suffers harm that they wouldn’t have otherwise, medical negligence has happened.
To learn more about what constitutes medical negligence, you can contact us today for a free discussion about the validity of your claim.
What Are 5 Examples Of Medical Negligence?
Medical negligence can occur in a number of different ways, but below we have provided a list of the most common types of clinical negligence:
- Misdiagnosis
- Medication errors
- Surgical errors
- Birth injuries
- Poor post-operative care
These are not the only ways in which medical negligence can occur, so if you believe you have received substandard care from a medical professional which led to your harm, get in touch with us today. Our advisors are on hand to answer any medical negligence questions you might have.
What Are The 4 Elements To Prove Medical Negligence?
To prove the basis of any medical negligence claim, we must first be able to determine that negligence is present. We can do this by proving three elements:
- A medical professional owed you a duty of care
- They breached this duty by failing to provide care to the standard expected of them
- Their breach led to you experiencing avoidable and unnecessary harm
We must then be able to show that this harm led to real damages, whether physical, psychological, or financial. If all of these four elements are present, you will have the grounds to start a medical negligence claim with us.
If you’re unsure about any of the elements above or would like further clarification, please don’t hesitate to contact our advisors today.
Can Medical Negligence Claims Be Made Against The NHS?
Yes, medical negligence claims can be brought against the NHS if the substandard care you received was from an NHS Trust.
Under the Department of Health and Social Care, there is an arms-length body called NHS Resolution, which serves the purpose of managing claims made against the NHS; they act as the mediator between claimants and the NHS Trusts.
Will A Medical Negligence Claim Against The NHS Be Unethical?
No, claiming against the NHS is not unethical. We do understand it can feel uncomfortable to make a claim against a public body such as the NHS, but if you’ve suffered harm as a result of substandard care, then you are entitled to claim compensation for this.
Compensation aims to put you in a similar position as you were in before suffering harm at the hands of a medical professional, so making a claim against the NHS is not unethical.
Will An NHS Medical Negligence Claim Be Paid Using The NHS Budget?
If your claim is successful, your compensation wouldn’t be paid out of the NHS budget. Instead, it would be paid by NHS Resolution, which we briefly discussed above.
NHS Resolution has its own budget, which is paid for by premiums from other NHS Trusts; it therefore acts as an insurance body, ensuring that any compensation paid out would not affect the public services offered by the NHS.
Claiming against the NHS will not negatively impact their budget. If you, however, have any medical negligence questions about payouts, please contact us today to discuss this with one of our advisors.
Can I Make A Claim For Medical Negligence Against Private Healthcare?
Yes, you can make a medical negligence claim against a private healthcare provider if your claim fulfils the eligibility criteria discussed above. If your claim were successful, your compensation would be paid to you by the private healthcare provider’s insurance company.
To learn more about claiming against a private healthcare provider, contact us today to see how we could help.
Will I Be Able To Claim For Medical Negligence On Behalf Of A Loved One?
Yes, in two circumstances, you are able to make a claim on behalf of a loved one. Acting in this role is known as a litigation friend, whereby you are able to make a claim for someone who can’t make a claim for themselves.
For claimants who are under 18, you’re able to make a claim because anybody under the age of 18 cannot claim on their own. As well as this, adults who lack the mental capacity can also use a litigation friend, as their incapacitation means they may struggle to understand the particulars of their claim.
Claiming on behalf of a loved one comes with particular responsibilities, such as acting in the claimant’s best interests and keeping them updated with the progress of the claim. Here at Legal Expert, we can help you to apply to act as a litigation friend, or alternatively, you can be appointed by the courts.
To learn more about claiming on behalf of a loved one and for your other medical negligence questions to be answered, contact our advisory team today.
Can A Medical Negligence Claim Impact My Access To Medical Treatment?
Whether you decide to make a claim or not, you, as a patient, are always entitled to access medical treatment. The NHS, particularly, is obligated to provide care to any and all patients, even if an ongoing claim is happening.
Get in touch with our team today if you have any concerns about making your medical negligence claim.
What Evidence Is Needed For Medical Negligence Compensation?
Evidence can help to irrefutably prove how a medical professional’s negligent actions led to your harm. It can include:
- Your medical or GP records to show any allergies, prescriptions or diagnoses
- The findings of an independent medical assessment, if one was carried out
- Any correspondence between you and the medical institution where you were treated
- Any test or scan results, and any x-rays
- Copies of any complaints made to the medical institution
- Contact details of anybody who might’ve witnessed the treatment you received
- A diary outlining your symptoms and experience
Our solicitors here at Legal Expert can help you to gather this supporting evidence, so please don’t worry if you’ve not yet got it compiled. We understand that making a claim can feel overwhelming, which is why our solicitors are committed to providing you with support and guidance through every step of the process.
Is There A Time Limit To Claim Compensation For Medical Negligence
Generally, most compensation claims are subject to a time limit. Under the Limitation Act 1980, claims must be started within 3 years of either:
- The date of the negligent treatment
- The date of knowledge, which is the date you realised that the treatment you received was substandard and the cause of your harm
There are, however, two exceptions to these time limits; if a claimant is under 18 at the time of the harm, they will have 3 years from the date of their 18th birthday to start their claim. The second exception applies to claimants who lack the mental capacity to claim; their time limit will be paused until a full recovery is made, if this is possible.
If you’re unsure whether your claim would still fall within the time limits, contact us today. One of our advisors will be happy to discuss this with you.
Will I Need To Go To Court For A Medical Negligence Claim?
While it might be possible for you to need to attend court, the majority of medical negligence claims can be settled out of court. It is neither party’s interest to start formal court proceedings, as the process can be time-consuming and very costly.
NHS Resolution found that between 2023 and 2024, 81% of all clinical claims were able to be settled without the need for court proceedings, showing it is more common for these types of claims to be resolved before the requirement of going to court.
Regardless, if your claim does need to be litigated, our solicitors here at Legal Expert have decades of experience advocating for clients just like you. They can also act on your behalf through court proceedings. Call today with any medical negligence questions you may have.
How Much Will It Cost Me To Make A Claim For Medical Negligence?
If you choose to work with us at Legal Expert, your legal support would be on a No Win No Fee basis. Through the use of a contract called a Conditional Fee Agreement, our solicitors could begin work on your case without the need for any upfront payments for their services, no payments throughout your claim and nothing payable for their work if your claim were to fail.
However, under the Conditional Fee Agreements Order 2013, a small fee would be payable out of your compensation if your claim were successful. This fee is a limited percentage to ensure that you receive the bulk of your compensation.
If you have any questions about how a No Win No Fee claim works, contact us today. Our advisors are available to answer any claims for medical negligence questions you might have.
Can Legal Expert Help Me To Claim Medical Negligence Compensation?
Yes, if you meet the eligibility criteria, the Legal Expert solicitors can help you claim medical negligence compensation.
Our solicitors have combined decades of experience in achieving settlements for clients like yourself. By instructing a solicitor, you can rest assured that your claim will be handled professionally by specialists.
If you choose to work with us, you could expect:
- Clear and concise advice about your case.
- Regular updates about the progress of your claim.
- Your solicitor will work closely with you to create a rehabilitation plan that suits your needs.
- Help with compiling evidence to strengthen your claim.
- Personalised support and advice.
- Your solicitor will advocate for you in the hopes of achieving a settlement that accurately reflects the physical, psychological and economic impact caused by your harm.
This isn’t all that we could help you with. If you’d like to be connected with one of our experienced solicitors, contact us using the details below.
Contact Our No Win No Fee Solicitors
- Calling us on 0800 073 8804
- Filling out our online form
- Using our live chat
More Information
Why not read our other guides about:
- How to make a claim for a negligent facelift
- Blood transfusion negligence
- Orthopaedic negligence claims
Helpful External Resources
- How to make a complaint against the NHS
- How to apply for Statutory Sick Pay from GOV.UK
- Advice about managing sick leave and returning to work from the Health and Safety Executive
Thank you for reading our guide on medical negligence questions.
