Clinical And Medical Negligence Claims | No Win No Fee
By Cat Way. Last Updated 21st June 2023. Welcome to our page on medical negligence claims.
Every single day, thousands of people around the UK receive medical treatment of some kind or the other. Most of these treatments proceed faultlessly and with positive results. Occasionally, however, things can go wrong and can be classed as clinical or medical negligence. As a result, this could lead to a claim being made against any of a number of medical professionals due to said negligence.
Common mistakes for example can be that an incorrect diagnosis was made, there was a lack of judgement during a surgical procedure or incompetence while administering medication. Whatever the reason, whether it was a mistake, an accident or incompetence, if the treatment you received fell below the high standard of care you are entitled to, you may be within your rights to claim compensation for your injuries and suffering.
If you want medical negligence advice or would like to know more about how you may be able to claim for medical malpractice in the UK, you can contact us at a time that works for you. We provide free legal advice so, if you have any questions, or want to get more information regarding the validity of your claim, get in touch today.
- You can call us on 0800 073 8804
- See if you have a claim online by completing our online form
- Chat to us using the pop-up window in the bottom right
Select a section
- The Basis Of A Medical Negligence Claim
- Types Of Medical Injuries You Can Claim Compensation For
- Why Hiring A Medical Negligence Lawyer is So Important
- Examples Of Medical Negligence Payouts – UK Settlements
- Medical Negligence Claim Time Limits
- Don’t let Money Matters Stop You
When filing a compensation claim for clinical or medical negligence you will have to prove two things – Fault & Causation.
- Liability or Fault – You have to prove that the healthcare professional was negligent and failed to carry out their duties in a responsible manner
- Causation or Avoidable harm – You have to prove that the doctor’s negligence or fault was what caused you to be in the position you are now in and that it was not due to the nature of the illness itself.
What makes medical negligence claims particularly complicated is that your reason for having gone to the doctor in the first place was because you were ill or injured. Illnesses and injuries can sometimes get worse for any number of reasons. The big question then is, did your condition deteriorate because of your illness or because of wrongful treatment?
To claim for medical malpractice in the UK, you need to prove that the medical professional’s actions went below their required standard of care when treating you. It’s only by doing this that you would be able to receive compensation successfully.
Medical negligence covers a wide range of possibilities. It could be negligence in relation to diagnosis, medication, or type of surgical procedure. It could also include failure to do something that should have been done such as failing to warn you about the risks involved or not giving you the treatment you need.
If you are or a loved one has had any of the following happen to you, you may be entitled to claim medical negligence compensation:
- An accident during a surgical procedure
- Wrongful diagnosis resulting in wrongful treatment
- Delay in diagnosis leading to delayed treatment
- Brain damage or injury
- Injury to the mum or newborn during labour or delivery
- Damage to an unborn child
- Negligent dentists
- Infection contracted during a hospital stay
- Defective medical products
- A cosmetic surgery procedure that did not give the desired results
You can file a medical negligence claim against a hospital, private clinic, care home, drug company, pharmacy or chemist. However, before you do this, you may want to know more about how to file a medical malpractice claim. We can supply you with free medical negligence advice at a time that suits you. Furthermore, we can also supply you with a solicitor who can work your case on a No Win No Fee basis. Contact us using the above details.
Just the fact that you know you have been the victim of medical negligence alone does not mean that you can receive compensation. You will have to bring a legal claim against the organisation or practitioner responsible. You will need evidence to prove your case, you will have to be able to prove that you were harmed by receiving care that was not of the standard that you were entitled to.
The average person will probably not have the time, the legal knowledge or the resources to put such a case together on their own, even if they know that they are in the right. That is why working with a lawyer is so important. A Lawyer is a professional who has the qualifications and experience to put a case together and represent you. They can make all the difference between winning and losing your case. Legal Expert can put you in touch with a medical negligence lawyer after one of our free consultations.
Medical Negligence In The UK – What Evidence Do I Need?
You need to be able to support your claim with evidence. There are a few different ways you can do this. We’ve compiled a short list of examples below. However, every medical negligence claim could need different evidence depending on the circumstances, so this list is not exhaustive.
- Medical evidence – You have the right to access your medical records at any time. These will contain information on any conditions you have or treatments you receive. Allergies and other pertinent information will also be included.
- Test results – Also under the bracket of medical evidence, you could present scan results such as from an MRI or X-rays.
- Visual evidence – You could potentially provide, if possible, pictures of your injury.
For more information, including what is classed as medical negligence, get in touch with our advisors today.
A payout for medical negligence can be awarded to you for various reasons, including operations gone wrong or even ill health caused by receiving the wrong medication. The specific circumstances do not necessarily affect how much you are awarded. What’s more influential on the value of medical negligence claims is the level of your pain and suffering.
The portion of medical negligence payouts that’s awarded for your pain and suffering is known as a general damages payment. Legal professionals involved in the case work out how much is a suitable amount for you to receive based on the severity of your injuries, amongst other factors. They can also address certain resources to help with calculations. One of these is a publication called the Judicial College Guidelines (JCG). The JCG was last updated in 2022. We have included some figures in the table below.
The figures shown are based on past cases that have gone to court. Your own claim will not necessarily be of the same value, as the circumstances unique to you will affect how much you receive. However, the figures may give you a rough idea.
|Paralysis (Quadriplegic)||£324,600 to £403,990|
|Paralysis (Paraplegic)||£219,070 to £284,260|
|Head Injury (severe brain damage)||£282,010 to £403,990||Injury resulting in almost complete loss of life quality, and needing constant care.|
|Head Injury (moderate/severe brain damage)||£219,070 to £282,010||Injury resulting in serious and permanent disablement.|
|Head Injury (moderate brain damage)||£150,110 to £219,070||Injury resulting in serious and permanent disablement.|
|Head Injury (moderate brain damage)||£43,060 to £90,720||Serious long-term effect upon mental function.|
|Head Injury (minor brain damage)||£15,320 to £43,060||Loss of memory lowered ability to concentrate.|
|Head Injury (minor)||£2,210 to £12,770||Injury that results in no brain damage, or very slight brain damage.|
|Psychiatric Damage (severe)||£54,830 to £115,730|
|Psychiatric Damage (moderate/severe)||£19,070 to £54,830|
|Psychiatric Damage (moderate)||£5,860 to £19,070|
|Psychiatric Damage (minor)||£1,540 to £5,860|
|Eye Injury (severe)||In the region of £268,720||Total blindness in both eyes or loss of both eyes.|
|Eye Injury (loss of one eye)||£54,830 to £65,710|
|Eye Injury (loss of sight in one eye)||£49,270 to £54,830|
|Eye Injury (minor)||£3,950 to £8,730|
|Ear Injury (total deafness)||£90,750 to £109,650|
|Ear Injury (loss of hearing in one ear)||£31,310 to £45,540|
|Ear Injury (partial loss of hearing)||Up to £45,540||Also, includes impaired hearing due to tinnitus.|
|Loss of sense of smell||£24,990 to £32,990|
|Loss of sense of taste||£19,200 to £24,990|
|Chest Injuries (severe)||£65,740 to £100,670||Injury resulting in permanent disability, pain or scarring.|
|Neck Injury (severe)||In the region of £148,330||Injury resulting in partial paraplegia, or loss of neck mobility.|
|Neck Injury (moderate)||£24,990 to £38,490||Serious restriction to neck mobility.|
|Neck Injury (minor)||£4,350 to £7,890||Trivial injuries with full recovery and no long-term effects.|
|Back Injury (severe)||£91,090 to £160,980|
|Back Injury (moderate)||£27,760 to £38,780|
|Back Injury (minor)||£7,890 to £12,510|
|Arm Injury (severe)||£96,160 to £130,930||Loss of use of both arms.|
|Arm Injury (moderate/severe)||£39,170 to £59,860||Loss of use of one arm.|
|Arm Injury (moderate)||£19,200 to £39,170||Break or fracture.|
|Wrist Injury||Up to £59,860|
|Hand Injury (severe)||£140,660 to £201,490||Loss of both hands.|
|Hand Injury (moderate)||£96,160 to £109,650||Loss of one hand.|
|Hand Injury (minor)||£14,450 to £29,000|
|Loss of Thumb||£35,520 to £54,830|
|Leg Injury (severe)||£240,790 to £282,010||Loss of both legs.|
|Leg Injury (moderate/severe)||£97,980 to £132,990||Including below knee amputation.|
|Knee Injury||£69,730 to £96,210|
|Ankle Injury||£52,120 to £69,730|
|Foot Injury (severe)||£169,400 to £201,490||Loss of both feet.|
|Foot Injury (moderate/severe)||£83,960 to £109,650||Loss of one foot.|
There is another sum that you can be awarded as part of medical negligence claims. This figure is known as special damages. It is awarded to reimburse you for additional costs and expenses that would not have occurred if it were not for your injuries.
For example, the wages you lost due to time missed at work could be included in this payment. This is known as loss of earnings. Things like prescriptions, medical bills, and travel costs can also be considered eligible too. It’s important to have evidence of these expenditures. Without proof, you’re likely to find it much more difficult to reclaim the money.
For more information regarding what can be included in this sum, get in touch with our advisors today. We provide medical negligence advice that is completely free. If you contact us, you are under no obligation to use our services to claim. Therefore, if you have questions regarding how to file a medical malpractice claim, you have nothing to lose by simply giving us a call.
If you would like to make a medical negligence claim, it’s important to start proceedings within the time limit. This time limit is set out by the Limitation Act 1980 and is generally three years from the date you were harmed or the date that you connect the harm you suffered with negligence.
If you are under the age of eighteen, the time limit is frozen until your eighteenth birthday, when it reinstates and runs until you turn twenty-one. At any point while the time limit is frozen, a litigation friend can start your claim on your behalf.
Similarly, the time limit is indefinitely suspended for those who lack the mental capacity to claim for themselves. During this time, a litigation friend can begin their claim on their behalf. If they were to regain this mental capacity, the time limit will reinstate on the recovery date, as long as a claim has not already been made on their behalf.
To learn more about claiming against a negligent doctor or the hospital claims process, contact our team today.
Money matters, more specifically solicitor’s fees, are what stop most people from going ahead and getting the legal advice they need to file a strong compensation case in court. What you should know is that most medical negligence solicitors will give you a free first appointment.
During this first consultation, they will listen to all that you have to say and evaluate the merits of your medical negligence claim. If they feel that you have a strong case with a high chance of winning, they will agree to take on your case on a No Win No Fee basis. This means you do not have to pay any fees at any point during the case. You only have to pay the solicitor after the case is closed and only if they have won the case for you and you have received compensation.
Once the solicitor has agreed to represent you, they will do all the leg work for you so you can use the time to focus on your health rather than worry too much about your medical negligence claim.
For more information on how we can help with medical negligence claims, get in touch with our team. We can provide you with free medical negligence advice and be open and honest with you about your eligibility to claim. If you do want to claim, we can also put you through to one of our lawyers who can work your case using a No Win No Fee agreement.
- You can call us on 0800 073 8804
- See if you have a claim online by completing our online form
- Chat to us using the pop-up window in the bottom right
Thank you for reading our guide about medical negligence claims. If you have further questions, our team of advisors will be more than happy to help. They provide free medical negligence advice at a time that works for you using the above details.
Medical Negligence FAQs
What are some examples of medical negligence?
Examples include misdiagnosis, surgery without justification, ignoring results, surgical errors and a lack of aftercare.
What are the 4 D’s of medical negligence?
These are Duty, Deviation, Damages and Direct Causation.
Can you sue the NHS for medical negligence?
Yes, you can, and it could happen while you’re still receiving medical treatment.
How do you prove medical negligence?
There needs to be clear evidence of a doctor being negligent and with this specifically causing an injury to the victim.
What is the difference between medical negligence and medical malpractice?
Medical negligence signifies a mistake by a doctor, whereas medical malpractice sees the doctor deliberately not performing their job properly.
What is duty of care in medical negligence?
This is where a doctor must explain the risks of specific medication or treatment to the patient.
How long do medical negligence cases take?
They usually take around 12-18 months, though this could vary. In rare cases, when claiming for medical malpractice in the UK, the case could end up going to court which means that it will take longer to complete.
What are the 5 elements of negligence?
These are a duty, a breach of duty, the cause, the actual cause and any harm.
This article concentrates on the forms of evidence you will need for you case.
This may be useful if you experienced medical negligence whilst serving in the military.
You can voice your concerns regarding a negligent doctor to the GMC.
This guide advises on dental negligence claims related to wrong tooth extraction.
Other Medical Negligence Claims Guides
You can check out other medical negligence claims guides we have available on our website, such as the following:
- Head here to learn all about care home claims. You can find details of payouts and how to prove negligence
- If you’re looking for advice on how to sue the NHS for a misdiagnosis, you can find out more in this comprehensive guide. You’ll see examples of compensation payouts, how the claims process works, and how our solicitors can help you.
- If you want to learn more about claiming compensation for an ovarian cancer misdiagnosis, head here. You can find details of compensation payouts and how our solicitors can help you.
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- Learn about surgical error claims and find out if you could be due compensation.
- Learn how medical negligence solicitors in Newcastle could help you.
- Find out if you could sue a hospital for a hospital-acquired infection with our helpful guide.
- Get information on claiming for delayed treatment caused by medical negligence through our guide.
- Find out if you could claim for midwife misdiagnosis that has caused you or your baby harm with our guide.
- Find out how to claim for pancreatic cancer misdiagnosis and get more information on the medical negligence compensation claims process.
- Learn how cosmetic surgery injury claims are calculated with our helpful guide.