Care homes provide vital services to some of the most vulnerable people in society. They have a duty of care to ensure residents are given a level of care that meets with fundamental standards as set out by the Care Quality Commission (CQC). Correctly dispensing medication is one such responsibility. Medication errors in care homes can cause long-term health impacts for the resident involved. If this happened to you or a loved one, you could be owed compensation from the care home at fault.

Key Points To Remember When Claiming For Care Home Negligence

• Care home staff are required to meet certain professional standards of care, and if they fail to do so, causing avoidable harm to a resident/patient, a compensation claim can apply.
• Dispensing medication correctly is a key responsibility of care home staff.
• A three-year time limit is allocated in which to start a care home claim, but this can be frozen if the person lacks mental capacity.
• You can initiate a claim for a wrong medication error on behalf of someone else, like a relative.
• One of our solicitors could help eligible claimants start their claims via a type of No Win No Fee contract that avoids immediate or ongoing legal fees.

Read on to learn more on how to claim. Or connect with us now for free guidance on claims for medication errors in care homes:

• Call us on 0800 073 8804.
• Leave a query about your claim online.
• Use our Live Chat feature below.

Browse Our Guide 

1. Claiming For Medication Errors In Care Homes
2. Making A Care Home Negligence Claim For Someone Else 
3. How Can Medication Errors In Care Homes Happen?
4. Different Types Of Medication Errors And Their Impacts
5. How Much Compensation Could You Get For Medication Errors In Care Homes?
6. Why Make A Claim With Legal Expert?
7. Learn More

Claiming For Medication Errors In Care Homes

Claims for medication errors in care homes start with meeting three eligibility criteria:

• The care home staff had a specific duty of care to provide proper care and treatment.
• They fell short of this expected standard.
• You (or a relative) experienced avoidable or unnecessary harm as a result of this.

If you meet these three criteria, you could have a care home claim and be owed compensation for the physical, psychological and financial harm caused.

As you read this guide, please feel free to connect at any point with our advisors on the number above for free and impartial legal guidance about anything raised.

Making A Care Home Negligence Claim For Someone Else 

As we touched upon in our key takeaway section, there is normally a three-year time limit for starting a medication error claim as detailed by the Limitation Act 1980. However, this can be paused or frozen for minors (until they turn 18) and those who lack the mental capacity to claim independently (indefinitely).

If you need to claim on behalf of someone else, the courts may appoint you as a litigation friend. In this role, you can start a care home claim immediately and perform all the functions of the claim on the person’s behalf. This is often useful if compensation is being sought urgently for medical treatment.

Call our advisors if you’d like more guidance on the role of litigation friends or any part of the claims process after medication errors in care homes.

How Can Medication Errors In Care Homes Happen?

We explore some specific scenarios of harm caused by medication errors in care homes in the following section, but some general causes may be as follows:

• Poor communication between doctors and care home staff.
• Inadequate staffing and ineffective shift patterns.
• Incorrectly trained (or untrained) staff are left in charge.
• The frequency, strength or route to administering the drug is not double-checked for patient suitability.
• Incorrect substitute drugs are administered.
• When medication names are similar or abbreviated in a way that not everyone understands.
• When there’s a failure to maintain the storage and equipment used for administering medication to the correct standards.

Common medication errors in care homes can differ greatly from person to person. If you’d like to discuss your particular situation and see if a claim can apply, call the team.

Different Types Of Medication Errors And Their Impacts

Below are some examples of how medication errors in care homes might happen in a way that presents grounds for a potential claim:

• A doctor makes an error when prescribing medication to a resident. The resident fails to get better.
• The correct dosage of medication may be administered to the wrong resident because of staff error. One resident is harmed and the other one fails to receive care. In cases of similar patient surnames, a ‘Name Alert’ procedure should be used to ensure the right resident receives their medication.
• Due to lack of adequate supervision, the resident may fail to take their prescribed drugs or take too much medication, lose consciousness and suffer a head injury in a fall.
• Because care home record keeping systems are not regularly updated, a resident continues to receive and take a drug that is no longer appropriate, causing them digestive and bowel injury.
• Staff fail to consult patient notes regularly and monitor any adverse drug effects. Either immediately or over a prolonged period, the resident suffers a decline in health because of these medicine administration errors.
• Stressed or over-worked care home staff simply forget to administer medication to a resident, impacting their recovery and patient safety.
• The correct procedure for taking medication is not followed, such as not taking medication with food. This causes the patient harm like nausea and vomiting.
• Over-the-counter medication is used alongside prescription drugs without checking any adverse drug reactions to the resident. They suffer kidney damage and a spleen injury as a result.
• Staff should also check that the right medication is in the correct packaging and conforms with use-by dates.

The Consequences Of Medication Errors

Medication mistakes can cause an array of side effects that impact health and well-being. They can cause temporary or permanent health problems, including the following:

• Mild discomfort.
• Fatigue, confusion and loss of consciousness.
• Rapid heart rate.
• Nausea, diarrhoea and vomiting.
• Internal bleeding and organ damage to the kidneys, bowel, spleen or liver.
• Bladder injury.
• Cardiac arrest and death.

Simple antibiotics can cause reactions such as wheezing and breathing difficulties, so it’s essential that care home staff are vigilant in all the ways to reduce medication errors. If you feel your care home failed, speak to our team about what to do next.

How Much Compensation Could You Get For Medication Errors In Care Homes?

Claims for medication errors in care homes that are successful can mean an award that is made up of two heads of loss called general and special damages. Under general damages, a monetary amount is calculated that reflects the following:

• The physical pain the person endured.
• Any psychiatric injury.
• Any permanent disability.
• The overall negative impact on the quality of their life.

Those involved in calculating general damages often refer to medical records to understand what effect the medication errors had on the claimant, along with the overall prognosis. In addition to this, they also consult publications like the Judicial College Guidelines (JCG) where various types and severity of harm are listed with a guideline award bracket.

These sums are based on successful claims made in the past. However, they are strictly guideline figures and the excerpt we have put together below includes a top entry that is not from the JCG:

Compensation Guidelines

AREA OF HARM	SEVERITY	AWARD GUIDELINES
Multiple forms of harm and awards under special damages for care costs and medical expenses.	Severe	Up to £550,000 plus.
Brain/Head	(b) Moderately Severe	£267,340 up to £344,150
Kidney	(a) Serious	£206,730 up to £256,780
Bowels	(a) Double incontinence and lost function	Up to £224,790
Bladder	(c) Serious	£78,080 up to £97,540
Non-Traumatic Illness to Digestive System	(i) Severe	£46,900 up to £64,070
	(ii) Serious	£11,640 up to £23,430
	(iii) Significant	£4,820 up to £11,640
	(iv) Temporary	£1,110 up to £4,820
Asthma-like Symptoms	(d) Mild	£12,990 up to £23,430

Could I Claim Special Damages?

Special damages are the second category of loss that can form the total compensation award. This reimburses the person for any financial loss and monetary expense caused by the medication error. Special damages are only claimed alongside general damages and you would be required to submit documented proof such as:

• Evidence of loss of earnings after the medication error.
• Proof of any private medical expenses.
• Receipts and invoices for essential care required after the error.
• Proof of costs for specialist equipment.
• Travel amounts for appointments.

Our solicitors know how to use documented proof like this to calculate the maximum compensation owed. If you’d like more guidance on how they approach claims for medication errors in care homes and how compensation is calculated, get in touch with our advisory team.

Why Make A Claim With Legal Expert?

Our solicitors have been confidently dealing with care home claims for decades. They have the essential expertise to help people just like you build a solid claim for compensation after a medication error. In addition to this, if they take up the claim you can expect:

• Regular updates on the status of the claim.
• A fully and accurately calculated idea of what compensation is owed.
• Skilful negotiation on your behalf throughout the entire process, with all correspondence and court requests dealt with promptly.
• A professionally presented claim at all times.

You or your loved one could focus on recovering from the medication error, safe in the knowledge that every aspect of your claim against a negligent care home is being properly handled. And they can do this in a way that does not add to your financial burden right now.

What Is A No Win No Fee Agreement?

Our solicitors can offer their services under No Win No Fee terms. This is a funding option that helps people access professional legal services without charge until the outcome of the claim is known. Not all solicitors offer their services in this way, but ours can offer a version called a Conditional Fee Agreement (CFA), which normally means:

• You won’t need to pay upfront solicitors fees.
• No solicitors’ fees apply as the claim moves ahead.
• No solicitor’s fee applies for finished work on the claim if it fails.
• A nominal percentage ‘success fee’ is taken from the compensation for winning claim outcomes.
• A legal cap keeps the success fee percentage low.
• This guarantees you benefit first and foremost.
• In addition to this, you and your solicitor can agree on the success fee amount before work starts.

With all this mind, why not see if our solicitors can help you? Learn more about No Win No Fee claims for medication errors in care homes today:

• Call us on 0800 073 8804.
• Leave a query about your claim online.
• Use our Live Discussion feature below.

Learn More

Alongside this guide on claims for medication errors in care homes, these other articles might prove helpful:

• Here we discuss penicillin medication error claims.
• This guide looks at personal protective equipment (PPE) in nursing home claims.
• Also read our guide on a wrong patient medication error claim.

External resources:

• The Health and Social Care Act 2012 details the legal duties of care homes.
• Read some reported medicine-related incidents here.
• This NHS guide to care homes is useful.

Thank you for reading our guide about medication errors in care homes. If you would like to see whether you could go ahead with a claim or just have other questions, please connect with our advisory team for immediate assistance.

If you have suffered an injury whilst working in a warehouse or factory, understanding how to make a factory accident compensation claim is crucial. Our solicitors have expertise in helping people to make successful factory accident claims. They could guide you through the accident at work claims process, helping you to secure the compensation you deserve. In our guide we cover everything you may need to know about how to successfully make a compensation claim.

The Important Takeaways

• Employers have a duty of care to take reasonable steps to keep workplaces safe.
• There are various regulations and pieces of legislation designed to keep people safe at work.
• Factory and warehouse accidents could happen in a variety of different ways.
• Compensation may be awarded for pain, suffering and financial losses.
• One of our expert solicitors could help you on a No Win No Fee basis.

Get help with your factory accident claim by contacting our advisors. If they think your claim is valid, they could connect you to our experienced solicitors.

• Talk to an advisor live below.
• Click to claim online.
• Call 0800 073 8804

Jump To A Section

• What Are Factory Accident Claims?
• What Are The Six Pack Regulations?
• Common Causes Of A Warehouse Or Factory Accident
• How Much Compensation For Factory Accident Claims?
• Examples Of A Factory Accident Compensation Claim
• What Evidence Do I Need To Support My Work Accident Compensation Claim?
• What Are The Time Limits For Starting Factory Injury Claims?
• Our No Win No Fee Factory Accident Claims Solicitors
• Learn More

What Are Factory Accident Claims?

If you have been injured in a factory accident, you may be able to claim compensation. A warehouse or factory accident claim is a way to seek compensation for injuries suffered in a workplace accident where an employer was at fault.

In order to claim compensation, you must meet the following eligibility criteria. These are that:

1. An employer had a duty of care to you. The main piece of legislation under which employers have a duty of care is the Health and Safety at Work etc. Act 1974.
2. This employer breached their duty, causing the accident.
3. You suffered physical or psychological injuries as a result of this.
4. You were injured in the last three years,

Factory injuries could range from minor lacerations and soft tissue injuries through to serious injuries such as chemical burns, head injuries and amputations.

What Is My Factory Or Warehouse Employer’s Duty Of Care?

As stated above, factory and warehouse employers have a legal duty of care. They must take reasonable steps to ensure workers’ safety.

Steps that employers may take to fulfil this duty of care could include:

• Maintain a safe working environment – workplaces should be kept free from hazards, such as trip hazards. They should also regularly maintain facilities, equipment and machinery.
• Provide adequate training – Inadequate training, such as failing to provide proper manual handling training, or in the use of dangerous machinery, could lead to workplace injuries.
• Provide Personal Protective Equipment (PPE) – employers should provide PPE appropriate to workplaces, job roles and potential hazards.
• Carry out risk assessments – employers should carry out regular risk assessments to identify potential hazards. They should subsequently implement measures to mitigate such risks.
• Record and report workplace accidents – employers should keep an accident report book in which incidents are logged. Serious accidents and factory injuries should be reported to the relevant authorities, such as the Health and Safety Executive (HSE). This is the UK’s regulator for workplace safety.

Find out more about eligibility to make factory accident claims by contacting our specialist team.

What Are The Six Pack Regulations?

The ‘six pack’ regulations is a term applied to six workplace health and safety regulations which came into effect in the 1990’s, following European Union directives. The purpose of these six regulations is to protect employees in the workplace.

The six pack regulations are:

• The Management of Health and Safety at Work Regulations 1999 – this clarifies employers responsibilities under the Health and Safety at Work etc. Act 1974. It includes requirements on providing relevant training to staff and to carry out risk assessments.
• The Manual Handling Operations Regulations 1992 – these regulations address risks associated with pushing, pulling, lifting and carrying in the workplace.
• The Workplace (Health, Safety and Welfare) Regulations 1992 – this sets out various requirements for workplaces, such as those for lighting and ventilation as well as upkeep of workplaces.
• The Provision and Use of Work Equipment Regulations 1992 – under this, employers must prove equipment which is safe to use, suitable for the tasks and which is properly maintained.
• The Personal Protective Equipment at Work Regulations 1992 – under this, employers must provide appropriate and adequate PPE where there are risks which otherwise can not be controlled.
• The Health and Safety (Display Screen Equipment) Regulations 1992 – this applies to those using equipment with display screens, such as computers, for significant periods of time. Employers must take steps such as offering eye tests, assessing workstations and providing appropriate equipment.

Employers can significantly reduce the likelihood of accidents by following health and safety measures set out in these different pieces of legislation.

Learn more about which health and safety regulations may apply to your workplace by contacting our team.

Common Causes Of A Warehouse Or Factory Accident

There are numerous potential hazards and causes of factory accidents. Understanding what these potential causes are can help employers prevent such accidents from taking place and help employees know when they could be able to claim compensation.

Slips, Trips Or Falls

Slips, trips and falls are one of the most common types of workplace accidents. According to HSE statistics, slips and falls on the same level account for 31% of non-fatal injuries at work. Trips and falls in factories and warehouses could be caused by spillages which have not been cleaned up, uneven floors or unmarked hazards, trailing leads and poor lighting on staircases.

Straining

Strains and sprains may be caused by overexertion or improper lifting techniques. They could occur when you have to lift or move a heavy object without proper training, equipment or help. They may also be caused by carrying out repetitive and awkward tasks or movements.

Crushing Or Trapping

Crush accidents may be caused by falling objects which have been improperly stored at heights. Workers may also suffer crush injuries due to the use of defective machinery. In addition, improper use of equipment such as roll cages and lift trucks could cause a worker to be crushed or trapped.

Burns

Burn injuries may be caused by exposure to hazardous chemicals, hot surfaces and open flames, or electrical burns due to an electric shock. A lack of protective equipment, faulty machinery or the improper handling of hazardous materials could all constitute hazards.

Chemical Or Dangerous Substance Exposure

Exposure to chemicals and other dangerous substances could lead to health issues ranging from skin irritation to respiratory conditions and even cancers. Common causes of exposure to dangerous substances could include improper ventilation, a lack of proper safety equipment or improper storage of chemicals. Workplaces should take steps, such as adhering to The Control of Substances Hazardous to Health Regulations 2002 (COSHH) regulations.

Hearing Loss

Workers in factories and warehouses may face exposure to sudden, loud bangs and noises. This can result in damage to the hearing, including partial or full hearing loss. Exposure can be caused by a lack of proper ear protection, such as ear defenders or poorly scheduled steam releases.

Injury To Eyes

Eye injuries may be caused by exposure to debris or harmful substances. Factors which could lead to eye injuries may include having no eye protection at work, defective equipment and inadequate safety measures.

Back And Neck Injuries

Back and neck injuries could be caused by manual handling operations, such as if you are twisting or jerking when lifting or otherwise moving items. Risk factors could include improper lifting techniques, a lack of lifting equipment and being asked to lift or move items which are too heavy.

Cuts, Lacerations Or Amputations

This may cover a wide range of injuries and degrees of severity. Cuts and lacerations may range from minor or modest injuries right through to deep wounds which damage tissue down to the bone. Cuts, lacerations and amputations could be caused by defective machinery and equipment, a lack of training or insufficient PPE. If a finger, hand or limb gets stuck in a machine, it could result in a traumatic amputation.

If you or a loved one has been harmed in a factory or warehouse, contact us to learn more about factory accident claims.

How Much Compensation For Warehouse Or Factory Accident Claims?

If you meet the eligibility criteria to make a factory accident injury claim, you may be wondering how much compensation you could be owed. Without assessing your individual circumstances, such as your injuries, we can not give a definitive compensation figure. However, we can tell you what will be considered when assigning value to your factory or warehouse accident claim.

Personal injury claims compensation may be awarded in two heads. These are general damages and special damages.

General damages compensate claimants for physical and psychological injuries they suffered in the factory accident. To work out what you may be entitled to, a personal injury solicitor (or other party involved in your claim) may review your medical records and compare these to guidelines from the Judicial College (JCG). This document provides a list of injuries alongside guideline compensation amounts.

Injury	Severity	Compensation Guideline
Multiple, serious injuries	Serious or severe	Up to £1,000,000+ with special damages.
Brain damage	A - very severe	£344,150 to £493,000
Paralysis injuries	B - paraplegia	£267,340 to £346,890
Deafness/ tinnitus	B - total deafness	£110,750 to £133,810
Neck injury	A - severe - (ii)	£80,240 to £159,770
Back injury	A - severe (ii)	£90,510 to £107,910
Injuries to elbow	A - severe, disabling	£47,810 to £66,920
Wrist injury	B - resulting in permanent disability	£29,900 to £47,810
Shoulder injury	B - serious	£15,580 to £23,430
Hip injury	C - Lesser injuries (i)	£4,820 to £15,370

Entries in the following table have been taken from the JCG with the exception of the top row. We present this figure to illustrate what may be awarded in a case of a severe injury where special damages were awarded.

How Can Compensation Help Me?

Successful factory accident claims may also be awarded compensation for the wider impact that an injury has had on a claimant. This head of claim is called special damages.

Whilst they are not automatically awarded (where general damages are) you could supply evidence such as:

• Payslips and bank statements showing loss of earnings.
• Invoices showing medical or medication costs you have incurred.
• Travel tickets showing the cost of getting to and from medical appointments.
• Invoices which show domestic care you have had to pay for.
• Medical invoices for prosthetic limbs.

Who Pays The Compensation For An Industrial Accident?

If you make a factory accident compensation claim against your employer, you may be concerned that your compensation will come from them and impact the company. Typically, compensation is paid out by their employer’s liability insurance.

There is a legal requirement for employers to have an insurance policy in place to cover claims made by employees for workplace injuries.

One of our team members could help to analyse your case and explain how compensation for factory accident claims may be calculated.

Examples Of A Factory Accident Compensation Claim?

Here we present examples of when factory accident compensation claims could be made.

• Factory machinery accidents could include an employee suffering hand injuries if it is caught in machinery which lacks proper safety guards.
• An employee could sustain a severe back injury caused by lifting and carrying heavy objects without proper lifting equipment or training.
• A factory worker could suffer burn injuries caused by equipment malfunctioning and overheating.
• A worker in a warehouse could be struck by a reversing lift truck vehicle due to lack of training and visibility for the driver.

Can I Claim On Behalf Of A Loved One Who Was Injured In A Factory Accident?

If a loved one, such as a minor under the age of eighteen or someone who does not have sufficient mental capacity to claim themselves, has been harmed in a factory or warehouse accident, you could claim on their behalf.

Those without the mental capacity to claim or minors are unable to take legal action themselves. Instead, a suitable adult may become a litigation friend and act in their interests.

Our team could provide further information and advice on when you could claim on behalf of a loved one harmed in a factor accident. Contact us to learn more.

What Evidence Do I Need To Support My Work Accident Compensation Claim?

A crucial part of any personal injury claim is having the right proof or evidence. A strong body of evidence strengthens your case and ensures that you are fully compensated. This means not just being compensated for your injuries but also your financial losses.

Essential evidence which can help prove compensation claims includes:

• Accident reports. Records from your workplace accident report book.
• Medical records. This may document your injury, how it was treated and whether you will recover from it.
• Witness statements. You could collect details of anyone who witnessed the accident and who may later provide a statement.
• Photos & video. These could show the scene of the incident and/or visible injuries.
  Video.
• A diary of symptoms. You could record the date, time and circumstances of your accident as well as notes on how your injury has affected you over time.

Having a strong body of evidence could make a significant difference to the outcome of your claim. You can get help gathering evidence for factory accident claims by contacting our advisors.

What Are The Time Limits For Starting Factory Injury Claims?

Another crucial factor you need to be aware of is the amount of time you have in which to start a claim. Under the Limitation Act 1980 claimants will generally have three years from the date of an accident in which to begin a claim.

In some cases, such as where you are claiming on behalf of someone else, this time limit may differ. For example, where a minor was harmed the time limit does not begin until they turn 18. Similarly, where a claimant does not have sufficient mental capacity to handle their claim, the time limit does not apply. It may be applied if they subsequently do regain their mental capacity.

To discuss time limits for starting factory accident claims, speak to a member of our team today.

Our No Win No Fee Factory Accident Claims Solicitors

We believe that whilst you do not have to use a solicitor when making a factory accident compensation claim, we believe that there are benefits to doing so. Our team understands that many people have concerns about the cost of taking legal action. As such, they could offer to take on your case under a Conditional Fee Agreement (CFA).

This means that you will not have to make any payments for their services unless you win your claim. You would also only pay for their services at the end of a claim with the fee (called a ‘success fee’) for their services being deducted from your compensation. Under law, there is a maximum percentage of your compensation which may be deducted.

If your claim is unsuccessful, there is nothing to pay for the work done on it. Hence, ‘No Win No Fee’.

Contact Us

No matter your factory or warehouse injury, we could help you claim compensation if someone else was at fault. Get in touch to learn more about claiming compensation on a No Win No Fee basis.

• Chat to us live below..
• Phone 0800 073 8804.
• Start your claim online.

Learn More/More Information

Below you can find related workplace injury claim guides from across our site.

• Here we look at how to prove fault in slip and fall claims.
• Here you can learn more about the accident at work claims process.
• Check the relevant time limit to make your claim here.

Here we have included helpful external references.

• Read more about reporting accidents and incidents at work in this guide from the HSE.
• Get further information on first aid in this NHS resource.
• Get an overview of Statutory Sick Pay here.

We hope after reading our guide you understand more about making warehouse and factory accident claims. Get in touch with our team to claim on behalf of yourself or a loved one.

Did you or your child suffer from injuries following a birthing trauma caused by medical professionals? If so, this guide will explain how you may be eligible to sue the NHS for birth trauma or claim compensation from a private healthcare facility with the help of our experienced medical negligence solicitors.

Key Takeaways On Suing The NHS For Birth Trauma

• Birth trauma is a physical or psychological consequence of a traumatic birth. Both women and their children may suffer as a result of such trauma.
• If a medical professional breached their duty of care, resulting in your birthing trauma, you may be eligible to sue.
• Birth injury compensation awards depend on the extent of injuries sustained and financial losses incurred.
• You typically have three years to start a medical negligence claim, although this rule has some exceptions.
• Our experienced solicitors specialise in medical negligence claims and may help you claim compensation on a No Win No Fee basis.

To start your claim today, get in touch with our helpful advisors by:

• Visiting our contact page 
• Giving our advisors a call on 0800 073 8804
• Message our advisors on our live chat 

Jump To A Section

1. What Are Considered Birth Injuries?
2. Can I Sue The NHS For A Birth Injury?
3. Can I Sue The NHS For Birth Injury On Behalf Of My Child?
4. How Much Compensation Could You Get For Birth Trauma?
5. How Much Does It Cost To Make A Claim?
6. How Can Legal Expert Help?
7. More Information On Medical Negligence Claims

What Are Considered Birth Injuries? 

The pregnancy and birthing journey is different for all women. However, some women or their babies may experience injuries and trauma during birth. Birth injuries are any form of physical or mental suffering a mother or baby may sustain as a result of a birthing procedure.

Babies may suffer from birth injuries such as brain damage, fractures or nerve damage. Whereas mothers may suffer from birth injuries such as post-natal infections, perineal tears or post-traumatic stress disorder (PTSD).

During labour and delivery, it is not uncommon for both mother and baby to suffer some form of injury. However, if you or your baby has suffered from a birth injury because you believe the healthcare team looking after you were negligent, get in touch with our helpful advisors today to find out if you are eligible to claim birth trauma compensation.

Can I Sue The NHS For A Birth Injury?

If you or your baby have suffered from a birth injury, you may be able to sue the NHS for birth trauma. However, you must meet the following eligibility criteria:

• A medical professional must have owed you a duty of care
• The medical professional must have breached this duty
• This must have resulted in you or your baby suffering from avoidable or unnecessary harm

A duty of care is a specific legal obligation imposed on healthcare professionals who work privately and within the NHS. Healthcare professionals must meet the correct standard of care when treating their patients. If they are in breach of this duty during your birthing procedure, it may result in you or your baby suffering from avoidable or unnecessary harm, which you may be eligible to claim compensation for.

Healthcare professionals may be in breach of their duty during your labour for:

• Failing to monitor the progression
• Misinterpreting or misrecording results
• Failing to attach or use equipment properly
• Incorrect management of medication
• Failure to report, diagnose or treat abnormalities

The Physical Effects Of Birth Trauma 

The majority of birth traumas result in physical injuries sustained by a mother, baby, or both. Depending on the nature of the trauma, injuries may be mild or severe with corresponding levels of suffering.

Some examples of physical birth injuries mothers may suffer include damage to organs caused by negligent caesarean sections, post-natal infections, a retained placenta and nervous shock. Whereas babies may suffer cerebral palsy, erb’s palsy, brain damage due to a lack of oxygen, fractures, nerve damage and more.

The Mental Effects Of Birth Trauma

Traumatic birthing procedures can be frightening, stressful and worrying for mothers. Therefore, as well as potentially causing physical injuries, birth traumas may also result in mothers suffering from psychological injuries. Some examples of the mental effects of birth trauma include:

• Post-traumatic stress disorder (PTSD)
• Post-natal depression
• Anxiety disorder

Contact our advisors if you or your child suffered from medical negligence and you think you have good grounds to sue the NHS for birth trauma.

Can I Sue The NHS For A Birth Injury On Behalf of My Child?

Under the Limitation Act 1980, you typically have three years to start a medical negligence claim when claiming for yourself. However, there are some exceptions to this rule. 

If your child has suffered from a birth injury caused by the negligent actions of a medical professional, you may be eligible to sue the NHS on their behalf. However, you must act as a litigation friend during the claims process. Litigation friends are appointed to act on behalf of those who are unable to go through the claims process because they are either minors (under eighteen) or lack mental capacity. 

For children, the three-year claim time limit will begin once they reach the age of eighteen. However, litigation friends may claim on their behalf anytime before this. Further, if your child lacks mental capacity, there will be no time limit on their claim unless they regain mental capacity.

What Kind Of Birth Injuries Could I Claim For On Behalf Of My Child?

If the negligent actions of a medical professional led to your traumatic birth, injuring your child, they may be entitled to compensation. Here are some examples of injuries you may claim on behalf of your child:

• Brain damage – this may result in the baby suffering from a stroke or cerebral palsy due to a lack of oxygen in the brain
• Erb’s palsy – this may be caused by shoulder dystocia
• Broken bones, fractured bones or dislocated bones
• Nerve damage or paralysis
• Cord prolapse

What Happens To Compensation Awarded To My Child?

If you make a medical negligence claim on behalf of your child for trauma birth injuries and they are awarded compensation, you may ask ‘What happens to this award?’

Any compensation that is awarded to your child who is under the age of eighteen will go directly into a trust within the Court Funds Office. Once your child turns eighteen, they will have access to this reward.

What Happens To Compensation Awarded For Severe Injuries To Your Baby?

Your baby may have received a very serious birth injury. In these cases, typically the more severe the injury is, the greater amount of compensation. This will generally consider:

• The impact on your life as a parent. For example, if you have to stop work due to needing to care for your child, you could be compensated for your income loss plus pension contributions.
• Appropriate care and treatment for your child. This could include full time nursing care, home help carers, live in carers, and occupational therapies to help your child.
• Home adaptations. For example, installing a wet room, wheelchair ramp, stairlift, or ensuring rooms are the right size to hold specialist equipment.
• Specialist equipment and upgrades as your baby grows. For example, due to brain damage, your child may need a specialist bed and as they grow, this will need to become larger.

Every successful birth injury claim is unique. This means that the compensation awarded will be varied depending on the specifics of the case. Lump sums can be awarded to fund home adaptations or relocations as well as lost earnings. However, care costs could be awarded via periodical payments. This means that a payment will be made during each year of your baby’s life. Furthermore, as these periodical payments are index-linked, the amount will be adjusted as these costs change.

Get in touch with our friendly advisors to find out if you can sue the NHS for a birth injury on behalf of your child today.

How Much Compensation Could You Get For Birth Trauma?

If you or your child has suffered from a birth trauma, you may ask, ‘How much can you be compensated for a birth injury?’

The compensation you are awarded depends on the extent of your injuries and the financial losses this led you to incur. Therefore, medical negligence compensation is divided into two heads of claim: general damages and special damages.

General damages compensate you for the physical and psychological injuries you sustained. This head of claim is professionally calculated using documents provided by an independent medical assessor and guidelines presented by the Judicial College (JCG).

The JCG lists injuries and conditions accompanied by suggestive compensation brackets. The table below provides examples from the JCG, except for the top figure, of how compensation could be valued for birth injuries. However, these are guideline figures only; you are not guaranteed to receive these amounts.

Injury	Compensation Guideline
Multiple Severe Injuries and Significant Financial Losses	Up to £25 million or more
Very Severe Brain Damage	£344,150 to £493,000
Moderate Brain Damage (i)	£183,190 £267,340
Paraplegia	£267,340 to £346,890
Female Reproductive Injuries (a)	£140,210 to £207,260
Severe PTSD	£73,050 to £122,850
Moderate PTSD	£9,980 to £28,250
Serious Shoulder Injuries	£15,580 to £23,430
Noticeable Laceration Scars or One Disfiguring Scar	£9,560 to £27,740
Fractures to Tibia or Fibula or Soft Tissue Injuries	Up to £14,450

Does Medical Negligence Compensation Cover Financial Losses?

If you have incurred financial losses as a result of your birth injuries, you may be compensated for this under the head of claim special damages. However, you must have also suffered from a physical or mental injury.

Some examples of financial losses include:

• Lost wages and income
• Lost work benefits such as holiday entitlement, bonuses and pension contributions
• Medical, recovery and travel costs
• Costs towards home adjustments and special equipment

When claiming compensation for special damages, you must provide evidence of the losses you incurred, such as:

• Payslips
• Medical bills
• Receipts

Contact our friendly advisors today for more information on birth injury compensation.

How Much Does It Cost To Make A Claim?

If you or your child sustained injuries following a traumatic birth, you may want to start a medical negligence claim to be compensated for the suffering this has caused. However, you may have many questions regarding the financial impact this may have on you.

Many people believe you must pay extensive fees when making a claim. However, with Legal Expert, you can get free legal advice when contacting us about the details of your medical negligence.

If your advisors determine that you meet the claims eligibility criteria, our solicitors may help you claim compensation on a No Win No Fee basis. Therefore, you do not need to worry about the cost of legal representation with our solicitors.

What Is A No Win No Fee Arrangement?

Our medical negligence solicitors operate on a No Win No Fee basis. They provide their No Win No Fee services under a Conditional Fee Agreement (CFA). This contract determines the financial side of legal representation and may benefit you in many ways.

If the claim has a successful outcome, your solicitor will take their success fee out of your compensation. This is a small percentage that is subject to a legislative cap. On the other hand, if your claim is unsuccessful, you are not asked to pay our solicitors for the work they have completed on your claim.

Contact our helpful advisors for more information on No Win No Fee claims or to start yours today.

How Can Legal Expert Help?

If you want to claim compensation for suffering caused by birth trauma, our solicitors at Legal Expert wish to help you if you are eligible to make a claim. Our solicitors may help you by:

• Walking you through the birth injury claims process and providing independent legal advice
• Explaining key legal terminology and documents
• Explain birth injury compensation
• Helping you obtain evidence and using this to build your case
• Contacting third parties and negotiating settlements on your behalf

Get In Touch Today

To start your claim today, get in touch with our helpful advisors by:

• Visiting our contact page 
• Giving our advisors a call on 0800 073 8804
• Message our advisors on our live chat 

More Information On Medical Negligence Claims

Visit the links below to learn more about medical negligence claims:

• Learn how to make a medical negligence complaint 
• Information on proving medical negligence 
• Information on claiming against the NHS

References:

• Information on feedback and complaints about NHS services, NHS.COM
• Information on maternity pay and leave from Gov.UK
• Access to the NHS health and safety policy, NHS.COM

We appreciate you finding the time to read this guide that explains how to sue the NHS for birth trauma. 

Whether you were treated by the NHS or a private hospital, you should never be left suffering as a result of substandard care. In this guide, we’ll explain everything that you need to know about claiming compensation for ovarian cancer misdiagnosis, and how our expert solicitors could help.

Key Takeaways In Ovarian Cancer Misdiagnosis Claims

• Ovarian cancer is the 6th most common cancer among women in the UK
• Ovarian cancer can be misdiagnosed as gallstones, IBS, or heavy menstrual periods
• You need to start your claim within three years of the medical negligence taking place
• Medical negligence can occur within the NHS and in the private sector
• You could work with an expert solicitor under a No Win No Fee agreement

Our team of advisors are here to help. They can answer any questions you may have about the cancer misdiagnosis claims process, get in touch today by:

• Contacting us online
• Calling us on 0800 073 8804
• Using the live chat feature

Select A Section

1. Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?
2. What Is Ovarian Cancer?
3. Common Causes Of Ovarian Cancer Misdiagnosis
4. What Could Ovarian Cancer Be Misdiagnosed As?
5. How Much Compensation Could You Get For Medical Negligence?
6. Time Limits In Cancer Misdiagnosis Claims
7. Funding Options In Ovarian Cancer Misdiagnosis Claims
8. More Information

Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?

To be eligible to claim ovarian cancer misdiagnosis compensation, you need to be able to establish medical negligence. To explain what medical negligence is, we first need to talk about duty of care.

When you receive treatment from a medical professional, they immediately owe you a duty of care. This means that the care you receive must meet a minimum standard. This duty of care applies to all medical professionals, but different disciplines may need to follow different steps.

For example, the General Medical Council (GMC) sets out professional standards for registered doctors, and the Nursing and Midwifery Council (NMC)  discusses professional standards for nurses and midwives. While these may include different steps, the duty of care remains the same, and they all must provide treatment that meets the minimum standard.

Medical negligence occurs when:

• A medical professional owes you a duty of care
• They breach this duty
• You suffer unnecessary harm as a result

Harm can be unavoidable in some medical settings. For example, if you have cancer and need chemotherapy to recover, you wouldn’t be able to claim for the side effects of this treatment. This is because the harm is necessary to aid your recovery.

Our advisors can tell you whether or not you could have a valid ovarian cancer misdiagnosis claim when you get in touch.

What Is Ovarian Cancer?

Ovarian cancer happens when there are abnormal cells in the ovaries, and these grow uncontrollably into the surrounding tissue and organs. It can also spread throughout the body to other organs.

How Common Is Ovarian Cancer?

Ovarian cancer can affect anyone with ovaries, though the risk of developing it grows the older you get, with risk peaking between 75 and 79-year-olds. According to statistics published by Cancer Research UK, around 7,500 women are diagnosed with ovarian cancer every year in the UK. This makes it the 6th most common cancer in women.

Common Causes Of Ovarian Cancer Misdiagnosis

So, how could medical negligence result in an ovarian cancer misdiagnosis? Some examples of how this could occur can include:

• You visit your GP surgery, showing clear symptoms of ovarian cancer. However, instead of ordering more tests, your doctor tells you it’s just period pain and sends you home. This delays your treatment and causes it to spread, making your symptoms worse.
• A doctor misreads your test results that clearly show the presence of cancerous tumours in your ovaries, and they diagnose you with kidney stones instead. This allows the cancer to spread past the point of effective treatment.
• When you express your concerns to your doctor, they tell you you are too young to have cancer, and misdiagnose you with PCOS without fully listening to your symptoms. This not only causes physical harm, but also affects your mental health.

If you can’t see what happened to you reflected in these examples, you may still be able to claim. Contact our team today to learn more.

What Could Ovarian Cancer Be Misdiagnosed As?

Ovarian cancer can be misdiagnosed as a number of different illnesses and conditions, including:

• Poly-Cystic Ovarian Syndrome (PCOS)
• Endometriosis
• Irritable Bowel Syndrome (IBS)
• Gallstones
• Kidney stones
• Period pain

If you were harmed because your ovarian cancer was misdiagnosed as something else, contact our team of advisors today.

How Much Compensation Could You Get For Medical Negligence?

If you make a successful cancer misdiagnosis claim, then you will receive general damages. This is one of two potential heads of claim that can make up your medical negligence compensation.

General damages provide compensation for the pain and suffering you’ve endured as a result of medical negligence. This includes both the physical and mental effects of the misdiagnosis, but it also includes loss of amenity, which essentially means the effect it has had on your quality of life.

When this head of claim is calculated, the Judicial College Guidelines can be used to help. This document lists common injuries and illnesses beside guideline compensation brackets.

The table below contains some examples of JCG brackets alongside the top figure, which isn’t from the JCG.

Injury	Compensation Bracket
Severe harm and financial losses, like lost earnings or the cost of mobility aids	Up to £1,000,000+
Severe Psychiatric Damage	£66,920 to £141,240
Severe PTSD	£73,050 to £122,850
Female Reproductive Injuries (a)	£140,210 to £207,260
Female Reproductive Injuries (b)	£52,490 to £124,620
Female Reproductive Injuries (c)	£68,440 to £87,070
Female Reproductive Injuries (d)	£21,920 to £44,840
Female Reproductive Injuries (e)	£8,060 to £22,800
Mental Anguish	£5,700

What Are Special Damages?

Special damages cover the financial losses that the misdiagnosis has caused you. Some examples of financial losses caused by ovarian cancer misdiagnosis can include the cost of:

• Lost earnings
• Childcare
• Travel to and from appointments
• Private healthcare to avoid NHS waiting times
• Prescriptions
• Home adjustments
• Mobility aids

To prove these losses, you can keep records of what you spend and save any relevant receipts, bank statements, or invoices.

Contact our team today if you’d like to learn more about compensation in cancer misdiagnosis claims, or keep reading for more information.

Time Limits In Cancer Misdiagnosis Claims 

To make a valid claim, you need to make sure that you start proceedings within the time limit. This is generally three years, starting on the date that you were misdiagnosed, as per the Limitation Act 1980.

Alternatively, this time limit could begin on the date you first became aware that the harm you suffered was caused by a medical professional breaching their duty of care. This is often referred to as the date of knowledge.

However, you may still be able to claim if you fall outside of this time limit. There are some exceptions to the rule, which apply to:

• Under eighteens: While under the age of eighteen, you can’t claim for yourself. However, a litigation friend can make a claim on your behalf at any time up until you turn eighteen. If a litigation friend doesn’t start proceedings, you can make your own claim between your eighteenth and twenty-first birthdays.
• Those lacking the needed mental capacity: For those who lack the mental capacity needed to make a medical negligence claim, the time limit doesn’t apply, and a litigation friend can start proceedings at any time.

If you’d like to learn more about time limits in ovarian cancer misdiagnosis claims, contact our team today.

Funding Options In Ovarian Cancer Misdiagnosis Claims

Many people think that making a claim with a legal expert is expensive, but it doesn’t have to be. Our expert medical negligence solicitors all work under the terms of a Conditional Fee Agreement (CFA), which means that they can help you:

• Collect evidence to prove your claim
• Communicate with the defendant
• Negotiate a settlement
• Understand each step as it happens
• File your claim within the time limit

All without asking for upfront or ongoing payment for their services. Under this type of No Win No Fee arrangement, your solicitor will only take a success fee if you make a successful claim. This fee is a small percentage of your compensation, which is capped by law and taken directly from what you receive.

Contact Us

To find out if one of our expert No Win No Fee solicitors could help you make an ovarian cancer misdiagnosis claim, contact us today by:

• Contacting us online
• Calling us on 0800 073 8804
• Using the live chat feature

More Information

To learn more about making a medical negligence claim:

• Learn about making rotavirus compensation claims
• Get advice on making a pharmacy compensation claim
• Find out how to make a midwife negligence claim

Or, to find more resources:

• Make a complaint about a medical service provider to the Care Quality Commission (CQC)
• Get information on ovarian cancer from the NHS
• Information on coping with cancer from Cancer Research UK

Thank you for reading our guide on making ovarian cancer misdiagnosis compensation claims.

Losing a leg either traumatically in an accident or surgically following an accident due to the extent of your injuries can be devasting. You may be unable to participate in previous hobbies or return to work, leading to emotional distress and financial losses. Therefore, you may be wondering, ‘How much compensation for losing a leg could I claim?’. In this guide, we discuss when you could make a claim for personal injury compensation.

Key Takeaways In Leg Amputation Claims

• Your compensation can depend on the placement of the amputation, the success of prosthetics, and psychological effects
• If you can prove that you lost your leg as a result of the negligent actions of another, then you may be able to make a personal injury claim
• Losing a leg can have a severe mental, physical, and financial impact
• You could potentially make a claim on someone else’s behalf by acting as a litigation friend
• A No Win No Fee solicitor could help you make a leg amputation claim

Keep reading to learn more, or get in touch with a member of our helpful team to get started by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

Select A Section

1. How Much Compensation For Losing A Leg?
2. Who Can Make Leg Amputation Claims?
3. How Could Someone Lose A Leg?
4. The Impacts Of Leg Amputation
5. Claiming On Behalf Of Someone Else
6. Why Work With Legal Expert On Your Claim?
7. More Information

How Much Compensation For Losing A Leg?

A common question that we receive is, “How much compensation could I get for losing a leg?” This can be a difficult question to answer, because the amount that you could receive is affected by factors such as:

• How much evidence you have to support your claim
• The level of amputation and disability
• Whether you have success with prosthetics
• Whether the other party accepts liability for your injuries
• The way your injury has affected you financially

Because these circumstances can determine how much you receive, every payout is different. But all successful claims will result in general damages. This is one of two different types of compensation that come together to form your final payout.

General damages address the pain and suffering caused by your injuries, as well as loss of amenity. This means it takes into account the way the amputation has affected your ability to enjoy your life and hobbies.

When professionals value this head of your claim, they might use the Judicial College Guidelines (JCG), which is a document that contains a list of injuries and illnesses, including leg amputations, alongside guideline brackets of compensation.

In the list below, you can find some examples of these brackets that could be relevant to a leg amputation claim. However, please be aware that these are not guaranteed, and that the first entry is not from the JCG.

• Multiple severe injuries with special damages – for financial losses such as lost earnings and medical costs – Up to £1,00,000+
• Loss of both Legs – either both lost above the knee or one above and one below – £292,850 to £344,150
• Below-knee amputation of both legs – factors such as associated psychological issues and phantom pains will impact the amount awarded – £245,900 to £329,620
• Above-knee amputation of one leg – the level of amputation and any issues with the remaining stump will impact the compensation awarded – £127,930 to £167,760
• Below-knee amputation of one leg – traumatic amputations from an accident are applicable to the higher end of this bracket – £119,570 to £162,290
• Severe psychiatric damage – the prognosis, future vulnerability and effect on relationships will be taken into consideration – £66,920 to £141,240
• Severe Post-traumatic stress disorder – permanent effects will prevent the person from functioning as they did pre-trauma – £73,050 to £122,850

Special Damages

Special damages are the second type of compensation that you could potentially receive. Losing a leg can have a significant impact on your finances, from paying for prosthetics to the cost of future medical treatments.

In some cases, you may able to claim these losses back under special damages, as well as the cost of:

• Childcare
• Lost wages
• Prescriptions
• Home adjustments
• Mobility aids
• Counselling

Evidence needs to be provided to be able to claim special damage for these costs. This could include payslips, invoices and bank statements.

To learn more about how much compensation for losing a leg you could potentially receive, contact our team today.

Who Can Make Leg Amputation Claims?

Now that we have discussed how much compensation for losing a leg you could potentially receive, you need to know when you could be eligible to make leg amputation claims. To form the basis of a valid claim, you need to be able to prove that negligence has occurred. In terms of personal injury law, negligence means that:

• Someone else owed you a duty of care
• This duty was breached
• You were harmed as a result

Negligence can happen anywhere, from the workplace to a supermarket, as long as someone else owes you a duty of care. But what does this mean?

• When you’re at work, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to keep you safe, as per the Health and Safety at Work etc. Act 1974 (HASAWA).
• While in public, whoever is in control of that space owes you a duty of care. This means that they need to take all practicable steps to ensure your reasonable safety while you’re visiting the premises, as per the Occupiers’ Liability Act 1957.
• All road users owe and are owed a duty of care. This applies to anyone using the roads, and it means that they need to prevent causing harm or damage. They must also adhere to the Road Traffic Act 1988 and the Highway Code,

Keep reading to see some examples of how a duty of care could be breached. Or, to find out how much compensation for losing a leg you could receive, contact our team today.

How Could Someone Lose A Leg?

Now we’ve explained what a duty of care is, let’s look at some examples of how a breach in this duty could lead to losing a leg.

• At work: If you work with heavy machinery, it’s your employer’s responsibility to ensure that this is properly maintained. If your employer asks you to work with a piece of machinery that they know is defective or broken, and this results in you losing a leg, then you may be able to make a claim.
• In public: A balcony railing in a public shopping center is broken. Management know this, but they do not attempt to have it fixed or signpost the danger to the public. This causes a shopper to fall through it, fracturing their leg so severely it must be amputated.
• On the roads: While using a zebra crossing as a pedestrian, a car drives through a red light and hits you. This results in both of your legs being amputated.

The examples above are only a few ways in which negligence can occur. To find out if you have a valid personal injury claim, contact our team of advisors today.

The Impacts Of Leg Amputation

Losing a leg can have a severe impact on your physical and mental health, but it can also impact your finances. For example, leg amputation can lead to:

• Mental health struggles, including post-traumatic stress disorder (PTSD), anxiety, and depression
• Phantom pains
• Joint problems
• Scarring
• Out-of-pocket financial losses, for example, lost wages and the cost of prosthetic limbs

What Is An Interim Payment?

In cases where your claim has a high chance of succeeding, you may be able to apply for an interim payment. These are used to help those who have immediate expenses caused by their injuries by providing a percentage of the expected compensation upfront. Then, when the claim is resolved, the amount received as an interim payment is deducted from the final amount.

If you think you could be eligible for an interim payment, or if you’d like to learn more, get in touch with one of our advisors today.

Claiming On Behalf Of Someone Else

You might be wondering if you could make a loss of leg claim on behalf of someone else. In some cases, you may be able to claim on a loved one’s behalf as a litigation friend.

To act as a litigation friend, you need to be approved by the court. Then, it would be your responsibility to:

• Act in the claimant’s best interests
• Make all efforts to make the claimant aware of what’s happening, and find out how they feel about the proceedings
• Communicate with and work with their solicitor

When Can You Claim For Someone Else?

You can act as a litigation for someone who:

• Is under the age of eighteen, up until their eighteenth birthday
• Lacks the needed mental capacity to claim for themselves

To find out if you could act as a litigation friend for someone else, contact our team of advisors today. Or, keep reading to learn more about making a leg amputation claim.

Why Work With Legal Expert On Your Claim?

We understand that the personal injury claims process can seem difficult, and that legal terminology can be overwhelming. However, you don’t need to go through the claims process alone; many people choose to make their claim with the help of a solicitor.

At Legal Expert, our solicitors have many years of experience in personal injury law. They can help you with every aspect of your claim, including:

• Negotiating a settlement
• Ensuring your claim is filed within the time limit
• Gathering evidence to prove your claim
• Communicating with the defendant
• Arranging an independent medical assessment
• Going to court, if this becomes necessary

And they can do all of this without taking any upfront or ongoing payments for their work. This is because our solicitors work on a No Win No Fee basis, and work with clients under a Conditional Fee Agreement. Under a CFA, you don’t need to pay anything for their work, and only pay a success fee if your claim succeeds. This fee is a small, legally-capped percentage of your compensation.

Contact Our Team

If you’d like to learn more about how much compensation for losing a leg you could potentially receive, or if you’d like to find out how our solicitors could help you, get in touch today by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

More Information

For more helpful personal injury guides:

• Learn more about the different types of personal injury claims you could make
• Find out about 6 surprising injuries that you could potentially claim compensation for
• Learn how to claim compensation for an accident at home

Or, to find further resources:

• Learn about statutory sick pay from GOV.UK
• Information on amputation from the NHS
• Learn how to request CCTV footage of yourself from GOV.UK

Thank you for reading our guide. We hope we’ve answered the question, “How much compensation for losing a leg could I receive?”

The latest data released by the Department for Transport in 2024 revealed that UK drink-driving deaths have hit a 13-year-high.

There were an estimated 300 deaths where at least one driver was over the legal blood-alcohol limit in 2022, the latest year for which official figures are available. This is the highest annual figure since 2009. 

The number is 16 per cent higher than in 2021 and means drink-drive fatalities accounted for about 18 per cent of all deaths, bucking the general long-term trend for safer roads and more responsible driving.

Legal Expert’s Road Traffic Accident Specialist, Tracy Chick says: “It is deeply concerning that drink-drive-related deaths have reached their highest level since 2009. Anyone who drinks and drives is putting the lives of all road users at risk.

“The impact of drink-driving can be devastating not only for victims who have been killed or suffered life-changing injuries but also for the drivers facing serious legal consequences – it is such an avoidable offence and there is no excuse for drinking and getting behind the wheel.

“Throughout my legal career, I have worked with victims and families of drink-driving collisions and the impact is immense. Thankfully, I’ve been able to bring even a small comfort by securing them the compensation they deserve to help to start to rebuild their lives.”

How Legal Expert Can Help

Here at Legal Expert, we specialise in road traffic accident claims and have significant experience in cases involving drunk drivers. If you’d like free advice on your case, get in touch with us today. We provide a consultation where you can get guidance on your situation and your rights.

Get Help With Claiming Compensation For Drunk Driving Accidents

If you’ve been involved in a car accident with a drunk driver, then you could claim compensation for any injuries and damage to your property.

We’ve compiled a comprehensive guide on drunk driving accident compensation claims, which you can view here.

You can also contact us for free legal advice by calling us on the number at the top of this page.

How We Conducted Our Research Into Drink Driving Offences

Following an influx of inquiries from victims of drink-driving collisions from across the UK, Legal Expert set out to investigate to the extent of the issue and to find the most prevelant areas for drink-driving offences in the UK.

We sent out Freedom of Information Requests to every UK Police Force asking for the number of drink-driving offences recorded in the last three years (between December 1st – November 31st, 2021/22, 2022/23 and 2023/24).

We also asked of those, how many drivers were charged.

For the last year alone, 2023/24, we also asked for the age and gender of the suspect and the areas in which the offence took place.

See below for the results in your area.

The Results Of Our Research Into Drink-Driving

National Findings

Avon and Somerset Police

No. of drink-driving offences (between 2021-2024) | 6,151

No. of charges | 3,400 (55%)

Most Common Age Group | 16-35 (48%)

Gender | Male 82%

Bedfordshire Police

No. of drink-driving arrests (between 2021-2024) | 1,763

No. of charges | 1,102 (63%)

For 2023/24:

Most Common Age Group | 16-35 48%

Gender | Female (88) | Male (426) 83%

Cambridgeshire Police

No. of drink-driving arrests (between 2021-2024) | 1,881

No. of charges | 1,203 (64%)

Most Common Age Group | 31-40 32%

Gender | Female (288) | Male (1584) 84%

Cheshire Constabulary

No. of drink-driving arrests (between 2021-2024) | 3,160

No. of charges | 2,543 (80%)

Most Common Age Group | 26-35 (28%)

Gender | Female (199) | Male (751) 79%

Cleveland Police

No. of drink-driving arrests (between 2021-2024) | 1,736

No. of charges | 823 (47%)

For 2023/24: 

Most Common Age Group | 31-40 (33%)

Gender | Female (128) | Male (463) 78%

Cumbria Constabulary

No. of drink-driving arrests (between 2021-2024) | 1,620

No. of charges | 1,214 (75%)

For 2023/24: 

Most Common Age Group | 30-49 (50%)

Gender | Female (126) | Male (395) 76%

Dorset Police

No. of drink-driving arrests (between 2021-2024) | 1,752

No. of charges | 1,494 (75%)

For 2023/24:

Most Common Age Group | 25-34 (21%)

Gender | Female (90) | Male (463) 78%

Durham Constabulary

No. of drink-driving arrests (between 2021-2024) | 1,951

No. of charges | 1,172 (60%)

For 2023/24:

Most Common Age Group | 30-39 (47%)

Gender | Female (153) | Male (464) 75%

Essex Police

No. of drink-driving arrests (between 2021-2024) | 4,623

No. of charges | 3,071 (66%)

For 2023/24:

Most Common Age Group | 31-35 (16%)

Gender | Female (295) | Male (1,198) 80%

Gloucestershire Constabulary

No. of drink-driving offences (between 2021-2024) | 1,604

No. of charges | 1,172

For 2023/24:

Most Common Age Group | 30-49 (49%)

Gender | Female (106) | Male (519) 80%

Gwent Police

No. of drink-driving offences (between 2021-2024) | 2,008

No. of charges | 1,225 (61%)

For 2023/24:

Most Common Age Group | 26-35 (33%)

Gender | Female (69) | Male (545) 84%

Hertfordshire Police

No. of drink-driving offences (between 2021-2024) | 2,621

For 2023/24:

Most Common Age Group | 25-34 (32%)

Gender | Female (115) | Male (478) 81%

Lancashire Constabulary

No. of drink-driving offences (between 2021-2024) | 4,948

For 2023/24:

Most Common Age Group | 31-40 (32%)

Gender | Female (985) | Male (3937) 80%

Lincolnshire Police

No. of drink-driving offences (between 2021-2024) | 2,488

No. of charges | 1,878 (75%)

For 2023/24:

Most Common Age Group | 46-55 (42%)

Gender | Female (133) | Male (638) 81%

Norfolk Police

No. of drink-driving offences (between 2021-2024) | 2,835

No. of charges | 1,752 (62%)

For 2023/24:

Most Common Age Group | 26-35 (30%)

Gender | Female (178) | Male (680) 79%

Northern Ireland (PSNI)

No. of drink-driving arrests (between 2021-2024) | 9,413

No. of charges | 7,805 (83%)

For 2023/24:

Most Common Age Group | 30-49 (55%)

Gender | Female (494) | Male (2080) 81%

Northamptonshire Police

No. of drink-driving arrests (between 2021-2024) | 2,936

No. of charges | 2,221 (76%)

For 2023/24:

Most Common Age Group | 26-35

Gender | Female (135) | Male (786) 85%

Northumbria Police

No. of drink-driving offences (between 2021-2024) | 1,237

No. of charges | 505 (41%)

For 2023/24:

Most Common Age Group | 26-30 (14%)

Gender | Female (34) | Male (160) 82%

North Wales Police

No. of drink-driving offences (between 2021-2024) | 2,766

No. of charges | 645 (23%)

For 2023/24:

Most Common Age Group | 36-45 (37%)

Gender | Female (166) | Male (595) 78%

North Yorkshire

No. of drink-driving offences (between 2021-2024) | 2,474

No. of charges | 1,687 (76%)

Most Common Age Group | 18-34 (47%)

Gender | Female (495) | Male (1,950) 79%

Police Scotland

No. of drink/drug-driving offences (between 2021-2024) | 16,273

Most Common Age Group | 35-44 (29%)

Gender | Female (1,042) | Male (4,002) 79%

South Wales Police

No. of drink-driving offences (between 2021-2024) | 3,333

No. of charges | 2,597 (78%)

For 2023/24:

Most Common Age Group | 25-34 (31%)

Gender | Female (244) | Male (743) 75%

South Yorkshire Police

No. of drink-driving arrests (between 2021-2024) | 3,201

No. of charges | 2,440 (76%)

For 2023/24:

Most Common Age Group | 31-60 (67%)

Gender | Female (199) | Male (863) 81%

Staffordshire Police

No. of drink-driving arrests (between 2021-2024) | 2,379

No. of charges | 1,615 (68%)

For 2023/24:

Most Common Age Group | 30-49 (50%)

Gender | Female (141) | Male (660) 82%

Suffolk Police

Surrey Police

No. of drink-driving arrests (between 2021-2024) | 3,007

No. of charges | 2,244 (75%)

For 2023/24:

Most Common Age Group | 30-34 (15%)

Gender | Female (140) | Male (568) 80%

Sussex Police

No. of drink-driving arrests (between 2021-2024) | 2,887

No. of charges | 1,875 (64%)

For 2023/24:

Most Common Age Group | 31-40 (26%)

Gender | Female (123) | Male (473) 79%

Thames Valley Police

No. of drink-driving arrests (between 2023-2024) | 2,150

For 2023/24:

Most Common Age Group | 30-39 (31%)

Gender | Female (325) | Male (1819) 85%

West Midlands

No. of drink-driving arrests (between 2021-2024) | 7,270

No. of charges | 4,303 (59%)

For 2023/24:

Most Common Age Group | 20-29 (35%)

Gender | Female (275) | Male (1998) 85%

West Yorkshire

No. of drink-driving arrests (between 2021-2024) | 7,254

No. of charges | 5,685 (78%)

For 2023/24:

Most Common Age Group | 18-34 (43%)

Gender | Female (419) | Male (1751) 80%

Wiltshire Police

No. of drink-driving arrests (between 2021-2024) | 1,903

For 2023/24:

Gender | Female (103) | Male (471) 82%

The distress and potential injury caused by surgical and medical negligence can turn lives upside down. If you received a level of healthcare that fell short of the expected professional standards, you might be owed damages for the harm caused. This guide will explain how to start surgery negligence claims for compensation against NHS or private healthcare providers.

Key Takeaways In Surgery Negligence Claims

• If you receive substandard medical care and this causes harm, you could claim compensation.
• The compensation is affected by the size of the harm caused and also by any claimable financial losses.
• You will need evidence to prove your claim.
• In general, you have three years to start your case, although there can be exceptions.
• Our specialist medical negligence solicitors can help you claim on a No Win No Fee basis.

We offer a free case assessment, so if you would like to speak to a member of our team, you can:

• Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
• Fill out the contact form to start a claim online.
• Use the live discussion window to start the conversation.

Select A Part Of Our Surgery Negligence Claims Guide

1. What Is A Surgical Error?
2. Surgery Negligence Claims Criteria
3. Our Research Into Surgical Errors
4. How Can Negligence In The Operating Room Happen?
5. The Potential Impacts Of A Surgery Gone Wrong
6. How Much Compensation Could I Get For An Operation Gone Wrong?
7. Why Should I Claim With Legal Expert?
8. Learn More

What Is A Surgical Error?

The term ‘surgical error’ can be used to describe the following:

• Procedures carried out in the wrong area of the body (wrong site surgery).
• Correct procedures carried out on the wrong patient.
• Incorrect dosages of anaesthesia or painkillers and other medication errors.
• When surgical instruments, such as swaps, sponges or small tools, are left inside the patient.
• Nerve damage caused by a mistake or an error during surgery.
• Post-operative infections caused by poor dressing or lack of general hygiene in the area.
• Lack of effective response to excessive bleeding.
• Errors that arise from medical staff who are not correctly trained (such as misdiagnosis or failure to properly consult patient notes).

The circumstances of your surgery negligence claim might be different. Just check with our advisors for a free initial consultation.

As you consider seeking compensation for surgical or medical negligence, you need to meet the criteria to do so:

• You were owed a duty of care
• This duty was breached.
• The breach caused you avoidable harm.

A duty of care applies to every patient receiving surgical care. This includes GPs, nurses, community care staff, surgeons or specialists. If you suffered harm because of a failure on their part to treat you correctly, you could have a valid basis for surgery negligence claims.

To meet their duty to you, healthcare professionals must provide you with the correct minimum standard of treatment or advice. This can include:

• Taking an accurate history from the patient
• Referring patients where necessary
• Investigating all relevant symptoms that a patient presents with
• Thinking about differential diagnoses
• Providing adequate treatment
• Following up on test results or scans

To see if you can claim, you can contact an advisor to discuss your personal circumstances.

Can I Claim For An Operation Gone Wrong Abroad?

Perhaps you sought a cosmetic procedure abroad and it went wrong? In cases like this, surgical negligence compensation can still apply. Healthcare providers around the globe are bound by standards of professionalism. However, making international claims may be more complex, so it’s a good idea to consult with our surgery negligence claims solicitors to see if they can help.

Our Research Into Surgical Errors

Our research has unearthed some facts about surgical errors:

• In the last five-year period, 11,700 claims against NHS trusts were started for surgical negligence and 8,753 were successfully settled.
• In this same period, the NHS had to pay over £1 billion in damages to claimants.
• The most common cause of surgical errors was delays or failures in treatment, which was logged nearly 2,000 times.
• Unnecessary pain was the most reported surgical error with 1,990 reported cases.

How Can Negligence In The Operating Room Happen?

The following are examples of negligence that can occur in the operating theatre:

• A tired surgeon fails to check the correct location for surgery and carries out a procedure on the wrong limb. This delays treatment of the original issue and creates more pain and recovery for the patient.
• Poorly trained healthcare providers administer the wrong amount of anaesthesia to a patient, and they regain consciousness during an operation. This causes the patient both significant harm as well as psychological trauma.
• An undetected swab left inside of a patient after an operation creates an infection. Because of this, the patient required an additional procedure to remove it, which badly delayed their recovery time and overall well-being.

The NHS tries hard to deliver a standard of healthcare to all of its patients. You may feel sympathetically for over-stretched hospitals and reluctant to start a claim against the NHS. It is important to note that money to pay compensation to those who suffer medical negligence is set aside by the NHS each year. Your damages would not be paid out of front-line care.

Talk to our team about these concerns, and they will explain your potential options for starting surgery negligence claims.

The Potential Impacts Of A Surgery Gone Wrong

Incorrect surgery or medical treatment can create a wide range of problems for the patient:

• They suffer additional harm on top of the initial health problem.
• A delay in the recovery can occur.
• A permanent disability can arise.
• The patient suffers needless psychological distress.
• They cannot return to work as expected and may suffer financially.
• The patient experiences additional medical expenses like private care bills to correct the problem.

Fatal Surgical Errors

In some cases, surgical negligence can lead to a fatality. You can claim compensation for the pain and suffering experienced by a loved one who died. Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased’s estate may be able to bring forward an action.

In addition to this, the Fatal Accidents Act 1976 (FAA), explains how certain qualifying relatives and dependants can claim for how the death has impacted them. Compensation can cover funeral costs, lost companionship and impact on the family unit as a whole. Additionally, under the FAA certain relatives also qualify for a bereavement award. This is set out as a lump sum of £15,120 shared between all the family members who successfully apply.

Please contact our advisors for further free guidance on surgery negligence claims and who can claim compensation after a fatal surgical error.

How Much Compensation Could I Get For An Operation Gone Wrong?

If your surgical or medical negligence claim is a success, the compensation might cover two areas of loss called general and special damages.

General damages compensate for the physical pain and emotional suffering the person endured. In addition to this, an amount may apply for any significant loss of amenity and long-term disability.

To calculate a monetary value for issues like this, those involved in the process will look at your medical evidence. They may consult documents that offer guideline amounts of compensation like the Judicial College Guidelines (JCG). This publication gives suggested award bracket amounts for diverse injuries. Importantly, the amounts are intended as a guide only.

Every medical negligence claim has factors that make it unique. Because of this, we recommend that you speak to our team to get a more exact idea of what could apply in your case. An excerpt from the JCG (except the top entry) is below:

Compensation Guidelines

INJURY	HOW SEVERE?	COMPENSATION GUIDELINES
Serious forms of multiple harm and Special Damages	Serious	Up to £1,000,000 plus.
Paralysis	Paraplegia	£267,340 to £346,890
Arms	(b) Amputation (i)	No less than £167,380
	(b) Amputation (iii)	£117,360 up to £133,810
Leg	(a) Amputation (iii)	£127,930 up to £167,760
	(a) Amputation (iv)	£119,570 up to £162,290
Psychological Harm	(a) Severe	£66,920 up to £141,240
Kidney	(c) Loss of Kidney	£37,550 up to £54,760
Spleen	(a) Loss of Spleen	£25,380 up to £32,090
Scarring	A group of small scars or single disfiguring scar.	£9,560 up to £27,740

What Are Special Damages?

Surgery negligence claims for compensation often include financial harm. Special damages are the head of loss where these amounts can be claimed back. It is necessary to present documented proof of financial loss caused by the surgery error. This might be:

• Medical bills for treatment you had to pay for.
• Proof of the costs for people to look after you.
• Wage slips that indicate a drop or loss in income.
• Receipts and tickets for travel expenditures to appointments.
• The invoices or receipts for any modifications to your home or vehicle.

Special damages must be claimed in conjunction with general damages. So if you’d like personalised guidance on what out-of-pocket costs you could include in your surgical negligence claim, speak to us first.

Why Should I Claim With Legal Expert?

Our surgical negligence solicitors provide an array of excellent services to help people like you get the compensation you deserve. For example, they do this by:

• Helping you collect supporting evidence like statements from witnesses or medical reports from specialists.
• Calculating the potential compensation more precisely to include harm caused both now and predicted in the future.
• Taking care of the negotiations with the other side and following the Pre-Action Protocol that applies.
• Meeting any court-imposed deadlines.
• Explaining the legal jargon and providing you with regular status reports about the claim.

While our solicitors take care of these details, you can concentrate on your recovery. Take a moment to see how you could benefit from advantages like these with your surgical or medical negligence claim.

Conditional Fee Agreements (CFA)

Another bonus is that our solicitors offer eligible claimants a way to access excellent legal representation without adding to their financial burden right now. By offering a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA), the person claiming can expect:

• No solicitors fees to pay upfront.
• No solicitors fees to pay as the claim advances.
• Nothing is owed to solicitors for finished work if the claim is unsuccessful.
• A success fee is deducted from the compensation if the claim wins. This is a restricted percentage taken after the claim settles.
• Because the success fee is capped, the person seeking compensation in surgery negligence claims can confidently expect to receive the majority of the compensation awarded.

Advantages like this mean that a claimant could benefit from first-class legal representation without financial stress. Interested in learning more?

• Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
• Fill out the contact form to start a claim online.
• Use the live discussion window to start the conversation.

Learn More

As well as information on surgery negligence claims in this article, there’s more free information to help here:

• Read about claims for unnecessary surgery here.
• Here is information about delayed surgery for a broken arm.
• Also, details about laser eye surgery compensation claims.

External help:

• This resource looks at professional standards for general practitioners.
• Here is information from NHS Resolution about negligence claims.
• In addition to this, advice on who to complain to about medical care.

In conclusion, we value your interest in this article about surgery negligence claims. Please reach out to advisors for any more guidance about legal fees and No Win No Fee claims for compensation.

When we go to the doctor, hospital or a medical professional, we expect that they will use their skills and knowledge to diagnose us quickly and accurately. While this happens for many patients, some are subject to mistakes, errors or other forms of substandard care. If you think this has happened to you or a loved one, this guide about lung cancer misdiagnosis claims will aim to answer any questions you may have about making a medical negligence claim.

Lung Cancer Misdiagnosis Claims – Key Takeaways

• • If you have received substandard medical care and this harmed you, you could be eligible for compensation.
  • Compensation can cover physical harm, psychological harm and financial losses.
  • You generally have 3 years to claim from when you realise that you suffered this harm.
  • There are many ways that a lung cancer misdiagnosis could happen, but not all of them will lead to a successful claim.
  • Our expert medical negligence solicitors can help you on a No Win No Fee.

Keep reading, or speak to our advisors at any time, 24 hours a day, 7 days a week:

• • • Call on 0800 073 8804
    • Leave a query through our online claim form
    • Use the Live Chat feature below

Select A Section

• • • • Am I Eligible To Make A Lung Cancer Misdiagnosis Claim?
      • Average Payouts For Lung Cancer Compensation
      • Common Reasons Why Lung Cancer Is Misdiagnosed
      • The Implications Of Lung Cancer Misdiagnosis
      • How To Start A Medical Negligence Claim
      • Why Choose Legal Expert For Your Claim?

Am I Eligible To Make A Lung Cancer Misdiagnosis Claim?

You can make a misdiagnosis claim if you can prove medical negligence. The criteria are:

• • • You were owed a duty of care by a medical professional.
    • A healthcare professional failed to provide you with the minimum standard of acceptable care and, in doing so, breached their duty to you.
    • This breach caused you avoidable harm.

Medical professionals owe a duty of care to everyone they treat, so this part of the criteria is automatic. Determining if the duty has been breached involves proving that the care you received was below the minimum accepted standard. Some things that can be considered to help show the correct standard was not met can include:

• • • The National Institute for Health and Care Excellence (NICE) guidance on lung cancer diagnosis.
    • General Medical Council guidance about things such as the duties of a doctor.
    • Royal College of Nursing description of a nurse’s legal duty of care.
    • The extensive case law established over years of legal cases involving medical negligence.

Meeting the correct standard could include:

• • • Listening to a patient’s symptoms and medical history in sufficient detail.
    • Performing necessary tests such as blood tests, X-rays or other scans. This should also be in the correct time frame, as these can be required urgently in some cases.
    • Enquiring about relevant symptoms such as weight loss, fatigue or coughing up blood.
    • Correctly interpreting test results and making sure that errors or mistakes do not happen.
    • Following up on test results.

Not every case of lung cancer misdiagnosis will be negligent. Each case will be different and turn on it’s facts. If you think you may have a claim but are unsure, we offer a free case assessment, and there is no obligation to proceed. You have nothing to lose by finding out if you are eligible to claim. Use the details above to speak to our advisors to learn more.

Average Payouts For Lung Cancer Compensation

A common question about medical negligence claims is about the “average” compensation. Because claims vary so much, an average would tell you very little. However, we can tell you how general damages, the part of a claim that compensates for pain and suffering, would be calculated.

The Judicial College Guidelines (JCG) provide suggested compensation brackets for different types of harm. While they don’t guarantee anything, they can give an indication of the level of compensation for certain types of harm or injury. 

Below are some examples of entries from the JCG and their compensation bracket (except the top entry, which is not from the JCG).

Injury	Severity (as per JCG)	Amount
Multiple Incidences of Harm and Financial Loss	Very Severe	Up to £500,000 or more
Lung Disease	(a)	£122,850 to £165,860
	(b)	£85,460 to £118,790
	(c)	£66,890 to £85,460
Asthma	Severe and Permanent Disabling Asthma	£52,550 to £80,240
	Chronic Asthma	£32,090 to £52,490
	Bronchitis and Wheezing	£23,430 to £32,090
Injuries Resulting In Death	Full Awareness	£15,300 to £29,060
	Followed by Unconsciousness	£12,830 to £13,020
	Immediate Unconsciousness/ Death after Six Weeks	£4,590 to £5,360

Factors That Can Affect Your Payout

We will look at how financial losses can be added to lung cancer misdiagnosis claims in the next section, but there are other factors that can influence the size of any payout. These can include:

• • • How severe the harm is. As you can see from the table above, harm that is of a more serious nature will be reflected in a higher payout.
    • Loss of amenity (loss of enjoyment of life). Those who have had more of their life impacted, e.g. they have had to give up a hobby they loved because of the harm caused, can be awarded higher general damages to reflect this.
    • You may have suffered some harm even if the negligence did not happen. The defendant only has to compensate you for the harm they caused you. This is determined by medical evidence.
    • Whether the other side accepts fault or fights your claim. If your claim is disputed, then you may choose to settle without the risk of going to court and failing to win, which might mean your payout is lower.
    • The approach the parties take to negotiation. You may decide you want to settle the case quickly for personal reasons and decide to accept an offer that is less than the full value of your claim.

Special Damages And How They Relate To Your Claim

Special damages compensate for financial losses you can prove were caused by negligent medical treatment. For example:

• • • Professional counselling.
    • The cost of travel to and from chemotherapy.
    • Domestic help or care and assistance.
    • Money to cover any accessibility adjustments needed for your home.

You can also claim for loss of earnings if you can show you couldn’t work because of a negligent lung cancer misdiagnosis. Evidence of this might include a medical report saying why you had to take time off and past payslips showing how much you usually earn.

How To Use Our Medical Negligence Compensation Calculator

You can use our medical negligence compensation calculator to get an estimate of the level of compensation that your case could be worth. It will ask questions about your case and the harm you have suffered to provide its estimate. It is just a tool for guidance and does not give a guaranteed or certain compensation figure.

Our skilled medical negligence solicitors can help value your claim if you are eligible. They can make sure that the correct amount of compensation is claimed by adding all losses that are applicable to the case. You can reach out to an advisor to see if you are eligible to start a medical negligence case today. Our details are at the top of this guide.

Common Reasons Why Lung Cancer Is Misdiagnosed

Lung cancer misdiagnosis can occur at any stage in the healthcare process, from initial checkups to patient aftercare. Here are some ways it could happen:

• • • A failure to recognise symptoms – The medical professional may fail to take note (or enquire about) common symptoms that would lead to the correct diagnosis of lung cancer.
    • A failure to refer – A doctor might mistake lung cancer for another condition and fail to make a timely referral, causing an overall poorer prognosis for the cancer.
    • Incorrect test results – a patient could have their X-ray mixed up with another patient, and they are incorrectly diagnosed with bronchitis instead of lung cancer.
    • Incorrect diagnostics -The wrong diagnostic test was performed despite a clear need for the correct test to be administered.
    • A failure to act – A doctor could become distracted and fail to take action on the basis of test results. They could misplace the results, and several months pass before the error is picked up.

It is important to remember that for any of the above examples to lead to a claim, the care received must have fallen below the minimum standard expected. This list is not exhaustive, and there are other potential ways that negligence could occur. Contact us if you have any questions about your specific circumstances.

The Implications Of Lung Cancer Misdiagnosis

According to a 2024 Parliament research briefing, a diagnosis of lung cancer is one of the most dangerous. Fewer than half of afflicted people survive for more than a year. Fewer than a quarter survive for more than five.

The earlier it is caught, the better the prognosis tends to be. 90% of people diagnosed with stage 1 lung cancer survive for a year or more. At stage 4, the year survival rate falls to 21%. Correct and early diagnosis is key, while false or delayed diagnosis can be fatal.

A lung cancer misdiagnosis can prolong suffering by delaying the correct treatment. Negligent treatment can also allow cancer to develop to the next stage or even spread to other parts of the body.

How To Claim For A Wrongful Death Following Lung Cancer Misdiagnosis

If you have lost a family member or loved one due to medical negligence, you could potentially claim compensation.

Under the Law Reform Miscellaneous Provisions Act 1934 the deceased’s estate can claim for the pain and suffering experienced prior to death. Under the Fatal Accidents Act 1976 (FFA), those who qualify as a dependent can claim compensation for financial loss following the death of a loved one.

A dependant is defined in the FAA to include the following:

• • • A wife, husband or civil partner (past or present)
    • A person who lived with the deceased as a spouse or in a spouse-like manner. This must have been for at least two years before death.
    • A child or other descendant of the deceased. This also includes those treated like a child by the deceased.
    • A parent of the deceased or any other ascendant. This includes those treated like a parent by the deceased.
    • A sibling, aunt or uncle of the deceased or any of their children.

You can read more about this topic in our guide about medical negligence causing death, or you can reach out to one of our sensitive and professional advisors.

How To Start A Medical Negligence Claim

You do not need to use a solicitor to start a medical negligence claim, but you may find that it is advantageous to do so.

There is a Pre-Action Protocol for clinical disputes (i.e. for medical negligence cases) that should be followed. This includes steps such as sending a letter of notification and a letter of claim. You could be claiming against the NHS or a private hospital, but the steps taken to claim do not differ. One of our experienced solicitors can handle these things for you if your case is accepted.

To be successful with your case there are some points that you will need to bear in mind, so let us look at some of those now.

Gathering Evidence – Medical Records, Witnesses, And More

You or your legal representatives must prove every part of your lung cancer misdiagnosis claim:

• • • You were owed a duty.
    • This was breached.
    • The breach caused you to suffer avoidable harm.

To show each point, you can provide various documents and details:

• • • GP records that could show the symptoms you complained of.
    • Hospital records.
    • Scan results and other diagnostic tests.
    • Expert testimony about the standard of care you were entitled to expect.
    • Witness contact details so a legal professional can take a written statement to support your case.
    • Receipts and invoices showing related financial losses.
    • Wages slips to prove loss of earnings.

How Long You Have To Begin A Claim

Under the Limitation Act 1980, you have three years to start a claim. This is usually from the date the negligence happened, although it could be several months before you realise that you suffered a negligent cancer misdiagnosis. In this case, you would have three years to start your claim from when you reasonably knew that you had suffered harm and that negligence had happened. This is called the date of knowledge.

If you are claiming for a deceased loved one, then the time limit is normally three years from the date of death to begin the case. This can also be three years from the date of an inquest that revealed medical negligence as the cause of death.

Other exceptions to the three year time limit are for minors (those under 18) and those who lack mental capacity to claim. Neither of these groups can bring their own claim and have to wait until they are 18 or until they regain mental capacity, respectively. The three year time limit starts to run at these points.

A litigation friend can be used to start a claim for a minor or someone lacking capacity before the timit starts to run. This is a suitable adult who runs the claim for them. It is usually a parent or guardian but does not need to be a family member.

No Win No Fee Agreements

Our expert medical negligence solicitors can help you on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under a CFA you:

• • • Do not pay your solicitors fees prior to your case starting, as it progresses or if it fails.
    • Have a percentage of the compensation deducted to pay a success fee to your solicitor if you win your case.
    • Keep the majority of the compensation as the success fee has a legal cap on a percentage basis.

How Long It Can Take To Get A Compensation Payout

The timeline for medical negligence claims varies from months to years, depending on the type, complexity, and parties involved.

It is impossible to be more precise without knowing the exact circumstances of each case. If you wish to discuss this further, we recommend contacting our advisors using the details above. They can also answer questions about any part of this guide.

Why Choose Legal Expert For Your Claim?

The solicitors at Legal Expert are leaders in their field. They have several decades of experience standing up for cancer misdiagnosis claims, and they can use that expertise to:

• • • Draft an effective Letter of Claim.
    • Gather the best evidence available.
    • Negotiate with your best interests in mind.
    • Provide expert legal advice every step of the way.
    • Strive for the maximum possible settlement.

There’s no reason to wait to start a claim. Contact our advisors today for a free initial assessment with absolutely no obligation.

• • • Call on 0800 073 8804
    • Leave a query through our online claim form
    • Use the Live Chat feature below

More Information

We have gathered the following links so you can continue reading about this subject.

Here are some further guides from Legal Expert:

• • • Learn how to complain about medical negligence.
    • Advice on when you could claim for pancreatic cancer misdiagnosis.
    • What to do if your cancer is misdiagnosed as adenomyosis.

Here are some more resources from the rest of the Internet:

• • • Lung cancer statistics from Cancer Research UK.
    • Recommendations from the Government’s national screening program.
    • Information on the causes and risk factors of lung cancer by Macmillan Cancer Support.

Thank you for reading our guide to lung cancer misdiagnosis claims.

Suffering an injury that leaves you with scarring on your face can be deeply traumatic. It could lead to you feeling very self-conscious, nervous or anxious about your appearance. If this scarring was caused by someone else, you could be entitled to claim compensation. This guide about facial scar compensation claims will aim to answer any questions that you have about how to claim.

Key takeaways

• You can claim compensation for your facial scarring if someone else is at fault.
• The severity of the scarring and its financial impacts will affect the size of the compensation you could claim.
• You usually have 3 years to start a personal injury claim.
• One of our expert personal injury solicitors could handle your case on a No Win No Fee basis.

If you would like to speak with one of our advisors call today for your free, no-obligation consultation.

• Call us: 0800 073 8804
• Online:  Contact Us
• Live chat available

Select A Section

• Am I Eligible For Facial Scar Compensation?
• How Could This Kind Of Injury Impact You?
• How Much Facial Scar Compensation Could You Receive?
• Types Of Scarring 
• How Could Facial Scarring Occur?
• My Face Was Scarred In An Accident. Can I Make A No Win No Fee Claim?
• Learn More About Making A Claim For Compensation

Am I Eligible For Facial Scar Compensation?

In order for you to be eligible to make a compensation claim for a facial scar, certain criteria must be met.

We need to establish the following:

• Was there a duty of care owed to you?
• Did a third party breach this duty?
• Did the breach result in your injury and/or harm?

Examples of third parties who owe a duty of care:

• Road users have a duty of care to other road users. They must use their vehicles to avoid harming others and follow the rules set out in the Road Traffic Act 1988 and the Highway Code. 
• Employers owe a duty of care to their employees. The Health and Safety At Work etc Act 1974 places a responsibility on them to take reasonable steps to keep their employees safe from harm.
• Occupiers of public spaces owe a duty of care to the public. The Occupiers Liability Act 1957 requires occupiers to take reasonable steps to keep the public safe.

Claiming Compensation For Facial Scars Caused By A Criminal Injury

If you suffered a facial scar injury as a result of a violent crime, you might be able to claim compensation through the Criminal Injuries Compensation Authority (CICA).

The CICA is a government-funded body that compensates victims for their injuries. This is different from a personal injury claim and requires separate criteria for success. There are also different rules for the damages awarded.

The rest of this guide will focus on making a personal injury claim, but you can find more information about how to make a criminal injury victim compensation claim here.

Or, if you prefer, you could discuss your potential CICA claim for facial scar compensation with an advisor.

How Could This Kind Of Injury Impact You?

In a society that at times can be obsessed with appearance, having a facial scar could have a massive impact on your happiness and social life. People with facial scars can face not only physical but mental health issues as well.

The scarring could be very painful at the time of injury, whether gut with a sharp object or burnt with something hot. Some scars will also have ongoing physical issues such as altered sensation, nerve damage or itchiness.

There could be surgeries available to improve scarring or make-ups that could be applied to cover them. Each case will be different, and whilst some remedies might improve scarring, these can have a financial impact on you instead.

Can Scarring Affect Me Financially?

Scarring can affect you financially. As discussed above, make-up might be necessary to cover scars that cause you psychological upset or embarrassment. The cost of this would add up over many months or years. There could also be creams or ointments that might aid your recovery.

If your scarring or the accident that caused it has left you with significant psychological injuries, then it could be that your ability to work has been impacted. In such cases, if supported by medical evidence, you could claim Loss of earnings.

Private cosmetic surgery could be warranted in certain circumstances. Some common financial losses could apply, such as:

• Travel expenses
• Treatment fees
• The cost of painkillers or other medications.

Below, we discuss the amounts of compensation that could be awarded should you make a successful claim for compensation and the differences between general and special damages.

Call our advisors today for a free consultation.

How Much Facial Scar Compensation Could You Receive?

It is difficult to confirm the amount of compensation that you could receive for a facial scar injury, as this would depend on the severity of the scar, any psychological injury, as well as any financial impact.

Compensation can be split into two heads of loss called general damages and special damages. General damages cover your pain and suffering, including any mental harm. Special damages reimburse you for the financial impact, and we looked at examples of these earlier.

The details of your injury and/or harm can be confirmed by an independent medical professional who will, in turn, provide a medical report which will have a prognosis period and confirm if you require any further treatments and/or assessments.

Those responsible for valuing your general damages can use your medical report and documents, such as the Judicial College Guidelines (JCG), to value your claim. These guidelines provide suggestive compensation values for all types of injuries.

Please note that they are not guaranteed compensation figures and are only guidelines. Below is a table with some JCG entries (except for the first figure) to help you think about how different injuries are valued.

Injury	Severity	Amount
Multiple Injuries, physical and mental, with additional financial losses	Most severe	Up to £500,000 +
Scarring to other parts of the body	Burns covering 40% or more of the Body	Likely to exceed £127,930
	No Significant internal injury	In the region of £10,550
	Several noticeable laceration scars or one single disfiguring scar	£9,560 to £27,740
Post-traumatic stress disorder	Severe	£73,050 to £122,850
	Moderately severe	£28,250 to £73,050
	Moderate	£9,980 to £28,250
Facial disfigurement	Very severe scarring	£36,340 to £118,790
	Less severe scarring	£21,920 to £59,090
	Significant scarring	£11,120 to £36,720

If you would like more advice about making a claim for facial scar compensation, call today for your free, no-obligation consultation.

Types Of Scarring

There are many different types of scarring, including:

• Fine line scars can be slightly raised in the beginning, usually flattening and fading over time without the need for treatment.
• Keloid scars are an overgrowth of tissue that can occur when too much collagen is produced at the wound.
• Hypertrophic scars are usually raised and firm. They also do not grow bigger than the original wound, and the area of the scarring could be uncomfortable or difficult to move.
• Contracture scars can feel tight, painful or difficult to move. They can be common after being burnt.

This list is not exhaustive, as there are other types of scars. Call today to see if you have an eligible claim by speaking with one of our advisors.

How Could Facial Scarring Occur?

Facial scarring can occur in many different ways. Below are a few examples:

• A worker is not provided with suitable personal protective equipment at work in the form of a mask, and a hot or toxic substance splashes in their face, causing significant facial burns and scarring.
• An employee suffers a facial laceration when a pallet that falls while an HGV is being unloaded strikes them. The employee who unloaded the pallet should have made sure that their colleague was out of the loading zone before beginning to take the pallet from the HGV.
• A person suffers a dog bite while being attacked by a banned breed of dog.
• A victim is left with a facial scar following a violent criminal act such as assault.

If you think your facial scar was caused due to the fault of someone else, please call our advisors today for your free consultation.

My Face Was Scarred In An Accident. Can I Make A No Win No Fee Claim?

If the third party owed you a duty of care, and the accident was not your fault, then you could make a No Win No Fee claim for compensation under a Conditional Fee Agreement (CFA)

The advantages of a No Win No Fee arrangement are:

• There are no upfront solicitor’s fees
• No on-going solicitors fees
• If the claim is unsuccessful, there’s no charge for the work that your solicitor has done.

If your claim is successful, your solicitor will deduct a small success fee from the compensation. This is legally capped at a certain percentage and is only deducted in successful cases.

Contact Our Team Today

To speak with one of our advisors call today for your free, no-obligation consultation.

• Call us: 0800 073 8804
• Online:  Contact Us
• Live chat available

Learn More About Making A Claim For Compensation

Read more of our guides below.

• See our guide on psychological injuries and how you can claim.
• Read about how to claim for a-permanent-scar-injury
• Learn more about scar-compensation-calculator-for-the-uk.

Further resources.

• Find out when you can qualify for Statutory Sick Pay (SSP).
• Consider the mental health charity Mind if you feel you would benefit from their help.
• Here is an NHS guide about scar management.

We appreciate your time in reading our guide on facial scar compensation. If you have any questions, call our advisors today.

Car accidents happen every day, causing injuries and financial losses for those involved. However, many road users do not understand car accident laws or how they help to prevent accidents or support those who have suffered from one. Therefore, this guide will elaborate on such laws and explain how you may be eligible to make a car accident claim with the help of our experienced solicitors.

Key Takeaways

• If another road user was responsible for your injuries, you may be eligible to claim compensation.
• Car accident laws could be found in the Road Traffic Act 1988 and the Highway Code are in place to prevent accidents and ensure the safety of all road users.
• After a collision with another road user, you are legally required to stop your vehicle at the scene.
• If you fail to adhere to car accident laws, you may be fined. 
• Our experienced solicitors may help you claim compensation on a No Win No Fee basis. 

To start your compensation claim today:

• Check out our contact page
• Give our team a call: 0800 073 8804
• Message our team on our live web chat

Jump To A Section 

1. What Is A Car Accident?
2. Car Accident Law – When Do I Need To Stop?
3. What To Do After A Collision
4. Can I Be Fined If I Don’t Follow The Right Car Accident Laws?
5. What Are My Rights After A Car Accident?
6. Learn More About Car Accident Law And Collision Claims

What Is A Car Accident?

A car accident is a direct vehicle collision that can have minor or catastrophic consequences. It typically involves two or more vehicles, but it may also constitute collisions between cars and pedestrians, cyclists, animals, or any objects that may obstruct our roads.

Unfortunately, car accidents often result in personal injuries, financial losses, and damage to vehicles and personal items. Therefore, it is important for all road users to adhere to car accident laws to avoid collisions and incidents.

All road users owe a duty of care to one another not to cause damage or injury. They can fulfil this duty by adhering to the Road Traffic Act 1988 and the Highway Code.

If you have been injured in a car accident, you may be eligible to make a road traffic accident claim with our solicitors if:

• A road user owed you a duty of care
• The road user failed to adhere to car accident laws, negligently breaching this duty
• This breach resulted in your injuries

Is It Against The Law To Drive Without Wearing A Seatbelt? 

Under rule 99 of the Highway Code, you are required to wear a seatbelt if you are a driver or passenger of a car. Failure to do so is a violation of the Highway Code.

However, there are some exceptions to seatbelt laws, when you are not legally required to swear a seat belt, such as:

• If you are travelling on public transport and a seatbelt is not present
• When travelling in an emergency services vehicle
• When reversing, this is to ensure you have a clear vision of the road behind you

If you are in a vehicle with minors, you must ensure they are sitting in a child’s car seat. This requirement applies until the child turns twelve or becomes taller than 135cm before that age. If a minor is above the age of twelve but smaller than this height, they must use a booster seat. 

If you were injured in a car accident, speak to our advisors to find out if you are eligible to claim compensation. 

Car Accident Law – When Do I Need To Stop?

While driving your car, some situations may arise when you are legally required to stop your vehicle. This is in accordance with car accident laws; to protect the safety of all road users. Some examples of when you are required to stop include:

• When you have been involved in a car accident that has caused damage or injury to anyone but yourself, under section 170 of the Road Traffic Act 1988, you are required to stop your vehicle at the scene of an accident you were involved in and exchange details.
• If your car has a mechanical problem, it may jeopardise the safety of yourself and/or other road users. Therefore, you are required to stop your vehicle to prevent car accidents.

Under these circumstances, you should turn on your hazard lights to warn other road users that your vehicle has stopped to prevent causing harm to others. 

Whiplash Injury Law

Whiplash is a common injury caused by car accidents. The law surrounding such claims has recently changed with the introduction of the Whiplash Injury Regulations 2021.

When claiming for a whiplash injury, you must now meet the following eligibility criteria:

• You must have sustained your injury as a driver or passenger of a vehicle
• Your accident must have occurred in England or Wales
• You must have been eighteen or over
• Your injuries must be valued at £5,000 or less

If you meet this criteria and you are entitled to compensation, it will now be valued according to a fixed tariff set out in these regulations.

Further, if you have suffered from whiplash alongside other injuries, you should make your claim through the traditional claims process, as your injuries will likely be valued at more than £5,000. However, the whiplash tariffs will still apply.

If you were injured in a car accident, contact our advisers for a free consultation about starting a claim today.

What To Do After A Collision

If you are involved in a collision, the most important thing to do first is check if you are injured. If you are it is vital that you call emergency services to get emergency care. If it is safe to do so, check if others around you need any medical care. Next, if the accident scene is blocking the road it is advised to call the police to prevent any further accidents.

It is important to obtain the contact details, insurance details, and any registration numbers of those involved.

If you want to claim compensation for a car accident, there are also some things you can do to support your claim, such as:

• Obtain the contact details of the third party and any witnesses to the accident
• Obtain CCTV or dashcam footage of your accident
• Take photographs of your injuries and vehicle damage 
• Obtain a copy of your medical and police report

When Should I Call 999 For A Car Accident?

If you have been involved in a car accident, we recommend that you call 999 immediately. This is so you can receive help from the appropriate emergency services, such as:

• The police: they may block off the road to prevent further harm and fill out a police report, which you could potentially use as evidence to support your claim.
• Paramedics: they may examine your injuries and take you to the hospital if necessary. Here, you may also obtain a medical report that supports your claim.
• Fire bigrade: If you have been involved in a serious car accident, you may need to be safely removed from the vehicle, or if the vehicle involved in the collision is causing an imminent threat to the surroundings of the accident, it may need to be safely removed.

Calling emergency services after a car accident not only protects yourself but also protects all road users from harm.

If you have been injured in a car accident, start a compensation claim with our advisors today.

Can I Be Fined If I Don’t Follow The Right Car Accident Laws?

The Road Traffic Act and the Highway Code are set in place to protect all road users. Therefore, if you fail to adhere to them, you may potentially face penalty points, fines, driving bans or imprisonment.

Some examples of how disobeying car accident laws may result in fines include:

• Failing to wear a seat belt or to ensure the security of minors in motor vehicles. This may result in a fine of up to £500.
• Failing to stop at the scene of a road traffic accident you were involved in. This may result in a fine of up to £5,000 and or a custodial sentence.
• Failing to maintain the speed limit. This may result in a minimum fine of £100 or a minimum of three points and/or a custodial sentence.

For more information on car accident laws or fines, contact our advisors today.

What Are My Rights After A Car Accident?

If another road user’s negligent driving resulted in your injuries, you may have the right to make a road traffic accident claim to be compensated for your injuries and losses.

Under the Limitation Act 1980, you must file this within three years of your accident. However, there are some exceptions to this;

• If the injured person lacks mental capacity and cannot pursue a claim, the time limit is indefinitely paused. However, if they regain mental capacity, the time limit will commence. This is recognised under the Mental Capacity Act 2005.
• If the injured person is a minor, they cannot legally make a claim. Therefore, the time limit is paused until they turn eighteen years old and runs until they turn twenty-one.

When the time limit is paused a suitable adult can apply to the court to be a litigation friend and pursue a claim on the injured person behalf.

How A No Win No Fee Solicitor Could Help

If you have sustained injuries in a road traffic accident, our experienced solicitors may help you claim compensation. They are specialists in road traffic accident claims and can help you by:

• Walking you through the claims process
• Explaining any key documents or legal terminology
• Building your case
• Gathering evidence
• Settling disputes on your behalf to avoid court proceedings

Further, our solicitors operate on a No Win No Fee basis. Therefore, you may be eligible to claim with them through a Conditional Fee Agreement (CFA). There are many benefits to this, such as:

• You pay no upfront or ongoing payments for our solicitor’s work on your claim
• Our solicitors will take a legally capped small percentage of your compensation for their work, if you are awarded compensation and your claim is successful.
• If your claim is unsuccessful, you will not be required to pay for the work our solicitors complete on it.

To start your compensation claim today:

• Check out our contact page
• Give our team a call: 0800 073 8804
• Message our team on our live web chat

Learn More About Car Accident Law And Collision Claims

Click on the following links to learn more about car accident laws and claims:

• Find out how much car accident compensation you may be awarded
• Learn about whiplash compensation
• Learn more about compensation for a family car accident

References:

• Learn about seatbelt law with GOV.UK
• Learn about statutory sick pay with GOV.UK
• Learn about vehicle insurance with GOV.UK

We hope that this guide on car accident law was insightful and that you now understand how to start a claim with our experienced solicitors.