A Guide To Doctor Negligence Claims
In this guide, we discuss when doctor negligence claims could be made. Medical professionals, including doctors, owe their patients a duty of care. If you have suffered avoidable harm because of a doctor providing substandard care, this could constitute medical negligence, for which you could claim compensation.
You could start the claims process with help from one of our expert medical negligence solicitors. This guide begins by explaining how our solicitors offer their helpful services via No Win No Fee terms which can mean you don’t have to pay a cost upfront for them to begin working on your case.
As the guide progresses, you can find out about the eligibility criteria that need to be met to start a medical negligence claim and how a doctor could breach their duty leading to a patient suffering avoidable harm.
Additionally, we look at the time limit for medical negligence claims and how compensation can address different results of negligent healthcare.
Our advisors are on hand to share guidance and assess your chances of starting a claim, all without charge. If you want to learn more about claiming against a doctor, choose one of these options to reach us at any time:
- Call 0800 073 8804.
- Use our ‘claim online’ query form to ask for a call with our medical negligence team.
- Use the live support feature below to chat with us.
Select A Section
- Why Choose Legal Expert To Help With No Win No Fee Doctor Negligence Claims?
- What Is Doctor Negligence?
- Examples Of Doctor Negligence Claims
- Time Limits For Making A Medical Negligence Claim Against A GP or Doctor
- What Compensation Could You Claim For Medical Negligence By A Doctor?
- How To Start Doctor Negligence Claims With Our Medical Negligence Solicitors
Why Choose Legal Expert To Help With No Win No Fee Doctor Negligence Claims?
Our experienced medical negligence solicitors have a proven track record in helping claimants secure financial compensation for the avoidable harm they have suffered due to a doctor providing below-standard care. Choosing Legal Expert for legal representation means having a dedicated solicitor on your side with in-depth knowledge of how to prove medical negligence and how to achieve a fair settlement for your specific case.
If you have a valid medical negligence case, you could start a claim under No Win No Fee terms with their expert guidance. They offer a Conditional Fee Agreement, which means no costs to pay your solicitor for their work upfront or during the claims process. It also means not paying for the solicitor’s work if your case doesn’t succeed.
Winning the claim means receiving compensation and paying a small percentage to your solicitor as their success fee. The Conditional Fee Agreements Order 2013 is a piece of legislation that applies a legal cap to the percentage a solicitor can take, so you are always guaranteed to take away the majority of your compensation.
You can learn more about making doctor negligence claims through a No Win No Fee agreement with our medical negligence experts today by calling the number at the top of this page.
What Is Doctor Negligence?
Doctors, like any medical professional, owe their patients a duty of care. This means that they should provide medical treatment and care in line with the professional standards expected of them.
The ways in which medical professionals are expected to provide care of the correct standard can differ depending on the area of medicine they work in. For example, the General Medical Council outlines what good practice looks like for a doctor. A failure to adhere to these standards could constitute doctor negligence.
For doctor negligence claims to be valid, the following criteria need to be met:
- A doctor owed you a duty of care.
- During the course of your treatment, they breached that duty by failing to provide care to the correct standard.
- As a direct result, you suffered avoidable harm.
Could I Claim Against A Private Doctor?
If your doctor or GP is part of a private healthcare provider rather than a public health service, they still owe a duty of care while treating you. Clinical negligence claims can be made against a private doctor if the eligibility criteria above can be met.
Call today or get in touch online to discuss your potential case against a private practice and see if you can get the support of one of our expert clinical negligence solicitors.
Examples Of Doctor Negligence Claims
Negligent treatment from a doctor could bring about many different forms of avoidable harm, or could make an existing condition worse. We have provided some examples below.
- The patient tells their doctor about symptoms consistent with sepsis, but the doctor does not listen fully. Eventually the patient returns for urgent care when the issue worsens and they get a delayed diagnosis, but the delay in treatment means they ultimately need to have their foot amputated.
- Because they misread test results, a doctor does not identify a mini-stroke suffered by the patient. They are sent home and later suffer a more serious stroke that causes a permanent brain injury.
- A doctor prescribes penicillin, which the patient should not take because of a known allergy listed on their records. The medication error means the patient suffers organ damage from a severe allergic reaction.
- A GP fails to notice signs of lung cancer and doesn’t refer their patient for further testing. As a result, the patient receives a lung cancer misdiagnosis and incorrect treatment, and suffers serious lung damage while waiting for proper care.
If you have experienced medical negligence, you could claim for the avoidable harm it has inflicted. Learn more about making a medical negligence compensation claim against a doctor by calling our dedicated advisors and asking for a case assessment.
Time Limits For Making A Medical Negligence Claim Against A GP or Doctor
When our advisors check if you could make a medical negligence claim with us, they consider when the medical malpractice occurred because The Limitation Act 1980 sets out a three-year time limit for starting a claim. This limitation period can start from when the medical negligence occurred, or from when you connected the avoidable harm you suffered with a medical professional providing substandard care. The latter is known as the date of knowledge.
The three year time limit can differ for certain medical negligence cases. For example, some claimants may not have the mental capacity to start legal action themselves. If that is the case, their window to claim is paused. During that pause, a trusted litigation friend can be appointed to begin the claim on their behalf. If they recover their capacity, and no claim has already been made for them, they will have three years from the recovery date to start legal proceedings.
If the affected person is under 18, they cannot claim for themselves so the time limit is paused. A litigation friend can claim for a minor while the pause is in place, but if that doesn’t happen, they will have three years from their 18th birthday to take legal action themselves.
If you’d like more information about time limits for doctor negligence claims or simply want to check how long you have to seek compensation, just give us a call on the above phone number.
What Compensation Could You Claim For Medical Negligence By A Doctor?
You may be wondering how much compensation you could receive if you suffered medical negligence by a doctor. Compensation payouts for doctor negligence claims differ based on numerous factors, such as how badly you have been impacted and your future prognosis. Generally, though, if your claim succeeds, you could receive a settlement comprising up to two heads of loss. The first head, general damages, compensates for the physical pain and mental suffering caused by negligent medical care.
Those who figure out your clinical negligence compensation could refer to medical records to judge the extent and severity of harm. They can also refer to guideline compensation brackets for different injuries and illnesses in the Judicial College Guidelines (JCG).
Compensation Table
The table below is made up of brackets taken from the JCG. They are only to be used as a guides and do not necessarily represent what you will receive in a successful clinical negligence claim. Please also note that the top line is not from the JCG.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious Injuries and/or Illnesses Plus Financial Losses | Serious | Up to £1,000,000+ | A figure accounting for the physical and mental impact of multiple serious injuries and/or illnesses, plus the financial costs incurred, such as loss of earnings, medical costs, and domestic care costs. |
| Brain | Very Severe | £282,010 to £403,990 | Cases at the top of the bracket may include the ability to follow basic commands, but there will be little evidence of a meaningful response to the environment, if any, and the person will need full-time nursing care. |
| Moderately Severe | £219,070 to £282,010 | The affected person is disabled to a very serious degree. Because of this, they require constant care from a professional and are substantially dependent on others. | |
| Paralysis | Paraplegia | £219,070 to £284,260 | The lower half of the body is paralysed. Compensation depends on factors including the presence and extent of pain. |
| Kidney | Serious and Permanent Damage or Loss | £169,400 to £210,400 | Both kidneys are affected. |
| Bladder | Cases Involving Double Incontinence | Up to £184,200 | Other medical complications join double incontinence, which means a complete loss of urinary function and control as well as natural bowel function. |
| Chest | Total Removal of One Lung and/or Serious Heart Damage | £100,670 to £150,110 | Pain is prolonged and serious, while scarring is significant and permanent. |
| Digestive System | Illness/Damage Resulting from Non-Traumatic Injury | £38,430 to £52,500 | A case of severe toxicosis that leads to acute and serious pain among other complications. The patient is in hospital for days or weeks. |
| Spleen | Loss of Spleen | £20,800 to £26,290 | As well as the spleen being lost, the patient is at ongoing risk of internal infections or disorders because of a damaged immune system. |
Special Damages
If a negligent healthcare professional caused you to suffer avoidable harm, you could be awarded compensation to address the financial damage you experienced as a result. This is awarded under special damages, the second head of loss that can make up your overall settlement.
Examples of losses that could be compensated in successful doctor negligence claims include:
- A loss of earnings if you are unable to work because of the avoidable harm you suffered.
- Medical bills.
- Travel expenses.
- Home adaptation fees.
Keep any evidence of your financial losses, such as invoices or bank statements.
To find out how our No Win No Fee medical negligence solicitors could help you pursue a fair compensation payout, just give us a call today. An advisor can also provide you with a free valuation of your potential claim.
How To Start Doctor Negligence Claims With Our Medical Negligence Solicitors
You may now want to find out whether you could claim compensation with the help of a specialist medical negligence solicitor. It’s easy to do; you can reach us at any time and ask any questions about the medical negligence claims process or request a claim evaluation. We can then let you know if you have a valid claim, and connect you with an expert solicitor if we do.
So, why not reach out for further guidance on doctor negligence claims today by:
- Calling 0800 073 8804.
- Asking about your possible claim online so we can get back to you.
- Sending a message using the live chat tab below.
Find Out More About Medical Negligence Claims
Some more guides from our collection:
- We explain how our birth injury solicitors could help you claim for the effects of birth injuries caused by negligent treatment.
- Details on hospital negligence and how to sue a public or private hospital for negligence by a medical practitioner.
- A look at unnecessary surgery and how we can help with surgical negligence claims.
These resources may also help:
- NHS guidance on how to get a copy of your health records from your GP office.
- Advice from the government website on claiming Statutory Sick Pay for missing work through injury or illness.
- Information from the NHS on how to make complaints about medical staff.
Thank you for reading our doctor negligence claims guide. If you have any other questions, call an advisor on the number above.
