Medical Negligence Claims How Much Compensation Can I Claim?
By Olivia Nissan. Last Updated 7th April 2021. Welcome to our guide on clinical and medical negligence claims.
Medical negligence is a term that describes mishaps or mistakes that are made by healthcare professionals such as doctors, nurses, surgeons, and care staff. It covers a wide range of potential reasons for making a medical negligence compensation claim such as mistakes made during an operation or medical procedure, misdiagnosis, ill-treatment, or administering the wrong drugs and medication.
If you have suffered negative health effects due to the possible negligence of healthcare professionals in a hospital, or as an outpatient, then you may have a valid reason to claim medical negligence compensation. For more information, please continue reading our guide or get in touch with one of our specialist advisors today:
- Call 0800 073 8804
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Select a section:
- A guide to medical negligence compensation claims.
- Is medical negligence common?
- What different types of medical negligence claims are there?
- Are there different types of medical negligence claims?
- How much compensation can be claimed for a medical negligence case?
- No win no fee medical negligence compensation claims.
- Will making a negligence complaint effect ongoing healthcare?
- Is there a time limit on making a medical negligence compensation claim?
- How to make a medical negligence compensation claim.
- What information is needed to make a medical negligence compensation claim?
- Why choose us as your no win no fee medical negligence solicitor?
Welcome to our clinical and medical negligence claims guide. Medical practitioners, including those that work within the cosmetic surgery market, are responsible for ensuring that their patients come to no harm through negligence while under their care. However, the simple truth is that despite their best efforts, medical professionals do make mistakes from time to time. Many of these mistakes are minor and cause no harm. Others are much more serious, resulting in serious negative health issues or even death of the patient.
Making a successful claim for compensation based on medical negligence is a complex process. You will always require the expert advice and legal services of an experienced medical negligence solicitor to have the best chance of being awarded damages following a case of medical negligence. Within this guide, you will find information on how to start a medical negligence compensation claim, what can be claimed for, and potential compensation amounts.
In an NHS report from 2018 to 2019, there were 10,678 new cases of clinical and medical negligence claims being made. And if we look at the 2019 to 2020 report, we find there were 11,682 across this timescale alone. Therefore, we can predict that cases of medical negligence will continue to rise.
Health professionals and the organisations they work for such as hospitals and clinics are overstretched. Budget cuts and lack of staff mean that there is a lot of pressure in the workplace that can often lead to mistakes being made. We can safely say that this situation will only change for the worse in the future, so cases of medical negligence will likely become even more common.
Private cosmetic surgery is also more commonplace these days, and this means that there is an ever-increasing number of medical negligence claims being brought against private cosmetic clinics.
There are many ways in which medical negligence can result in either a new injury or aggravation of an existing injury or illness that a patient can become a victim of. The mildest of these cases will result in the patient making a full recovery very quickly. The worst cases can result in life-changing negative health effects such as brain damage, paralysis, blindness etc. In the most serious of cases, medical negligence can result in the death of a patient, and in this case, it will be the dependants and family of the deceased who will seek compensation.
Examples of Clinical and Medical Negligence Claims
Here are some examples of some of the types of injuries and health issues that can be caused by negligence in a medical environment, which could establish grounds for clinical and medical negligence claims:
- Brain damage – from mild to severe, caused by a mistake made during a surgical procedure or by administering the wrong drugs and medication.
- Childbirth injuries – to either the mother or the child, as a result of a mistake made during the childbirth procedure or by administering the wrong drugs and medication.
- Neck and spine injuries – from mild to severe, caused by a mistake made during a surgical procedure or by administering the wrong drugs and medication. Additionally, if a patient is badly handled resulted in them being dropped or to otherwise fall.
- Complications caused by surgical procedures – injuries and illness caused as a side effect of badly carried out or wrongly prescribed surgical and medical procedures.
- Anaesthesia mistakes – injuries caused by incorrectly administered anaesthetic during a surgical procedure.
- Misdiagnosed cancer – when a person sustains negative health issues due to either the wrong kind of cancer being diagnosed or failure to diagnose cancer soon enough.
- General misdiagnosis – when an illness is diagnosed wrongly, leading to further health issues or new injuries.
- Cosmetic procedure errors – for injuries and health conditions caused by wrongly performed cosmetic surgery, or aftercare.
- Care negligence – for injuries sustained as a result of badly administered care for patients staying in a nursing home.
Almost every case of medical negligence will fit into these categories. And in some cases, they may fit into one or more of them. We will be able to advise you on the type of claim you can make once we have taken some of the details of your case, and had a chance to discuss it with you.
There are several different types of clinical and medical negligence claims. A good medical negligence solicitor will be able to help injury victims decide just which category their injury claim falls into. The following categories cover every type of negligence claim:
- Contributory negligence – In this category, we find medical negligence cases where the victim was also partially to blame for the injuries they have sustained. It will usually take a court case to attribute the balance of blame between the victim and the medical practitioner.
- Vicarious liability – this category can be seen as a top-level compensation claim against the organization that was responsible for managing the actual medical practitioner that caused the injury. For example, a private hospital that employs the surgeon who accidentally injured a patient whilst performing surgery on them.
- Gross negligence – this is the most serious category. Gross negligence cases relate to injuries that we sustained due to the blatant disregard for the health of the victim on the part of a medical practitioner. All medical professionals have a duty to always keep the health of the patient at the forefront of everything they do. In gross negligence cases, this duty has been swept aside. A gross negligence case will always result in a court case, as medical professionals who are found guilty of gross negligence will likely have their license revoked and this can only be done after a court hearing.
Making a rough estimate of how much compensation could be awarded as a result of a medical negligence claim is difficult. This is because every case is unique. However, we have presented some rule of thumb values for the amount of compensation that has been historically awarded for various types of injuries.
Updated April 2021.
|Penetrating injuries to the digestive system||£6,190 to £11,820||Moderate: Penetrating stab wounds, industrial or severe seat-belt lacerations.|
|Bladder injuries||£21,970 to £29,380||Almost complete recovery but some fairly long-term impact on function.|
|Spleen injuries||£4,080 to £8,110||Damaged, but minimal risk of infection/disorders.|
|Failed sterilisation (female) resulting in an unwanted pregnancy||In the region of £9,570||Where there isn't serious psychological impact.|
|Penetrating bowel injuries||£11,820 to £22,970||Damaged, but eventual return to natural function and control.|
|Severe Complex Regional Pain Syndrome (CRPS)||£49,270 to £78,840||Where ability to work is dramatically affected if not eliminated.|
|Moderate Complex Regional Pain Syndrome (CRPS)||£26,300 to £49,270||The prognosis indicates there will be improvement, and the patient will return to work.|
|Laparotomy scar||In the region of £8,110||When no significant internal injury has been found.|
|Disfiguring scars||£7,350 to £21,330||For noticeable laceration scars or a single disfiguring scar on the leg(s) or arm(s) or hand(s).|
|Minor scarring||£2,220 to £7,350||A visible scar, or several superficial scars on the leg(s) or arm(s) or hand(s).|
These values only cover the compensation paid for the actual physical injury sustained as a victim of medical negligence. Other damages such as loss of earnings, and ongoing financial hardship will be unique on a case by case basis. We will explain clinical and medical negligence claims more fully once you contact us for your free legal consultation.
Not everyone has access to the kind of financial assets that are required to pay all legal fees across the lifecycle of a claim for damages following an instance of medical malpractice or negligence. So, what happens for people who can’t pay their own legal costs? How can they make a claim? The law makes provision for solicitors to take on a case under a Conditional Fee Agreement (CFA). This is often described as a No Win No Fee contract. This type of arrangement came in to effect in 2000 when Legal Aid was done away with.
What this means, is that the solicitor will take on a compensation case as a result of medical negligence or malpractice on behalf of the client, and the client has nothing to pay. The solicitor takes all the risk. If the claim is unsuccessful, then the client still has nothing to pay. However, if the claim is successful, then the solicitor takes their fee out of the amount awarded. Until 2013, the client would receive 100% damages, and the solicitor’s fee would be paid on top. This is no longer the case, and legal fees have to come out of the damages paid.
We explain everything you want to know about No Win No fee here. Alternatively, keep reading. to learn more about clinical and medical negligence claims.
Everyone has the right to expect to receive safe, comprehensive healthcare. If a patient is unfortunate enough to be the victim of medical negligence which results in a compensation claim being made, then it should have absolutely no effect upon them receiving adequate healthcare in the future.
Every doctor, nurse and orderly have a responsibility to administer to patients to very tight standards. Failure to do so reflects only upon them, not the patient themselves, who are seen as innocent victims who still have a need for ongoing healthcare.
Please read on to learn more about clinical and medical negligence claims.
People who have been the victim of medical negligence have 3 years to start clinical and medical negligence claims. Once this time has passed, it may be impossible to successfully pursue a medical negligence case, although there are rare exceptions to this.
Therefore, it is vital that you seek legal advice as soon as possible. The actual date from which the 3-year limit starts is the date of knowledge, the date that the victim realized they had suffered due to medical negligence. In the case of people under 18 years old, they will have 3 years from the date of their 18th birthday to start pursuing a medical negligence compensation claim.
The very first step towards making clinical and medical negligence claims is to contact a solicitor. You are going to need expert legal advice and representation to have the greatest chance of being awarded damages.
When you contact us, we will arrange for a short, completely free legal counselling session. During this session, we will ask you all about the injury you have sustained, how it as affected your life, and how it will affect your life in the future. We will also take all the details of the events that lead up to and caused the injury. Once we have all of this information, we will offer you expert advice on how to move your claim forward. In most cases, this will mean us taking on your case under a Condition Fee arrangement.
If you think you have any reason at all to believe that you may have been the victim of medical negligence, no matter how slight, then you really should contact us. We will be able to tell you very quickly whether you have a potentially valid case. And if you do, we can help you claim the compensation you are entitled to.
We will always take the basic facts of each case for clinical and medical negligence claims during the first free legal consultancy session, as explained in the previous section. However, it may help to have the details clear in your mind before speaking to us. Possibly making notes so that you can communicate your thoughts to use more clearly.
Once we have all of the general facts of the accident, will likely need a little more information. We will need to know whether there are any witnesses to the instance of medical negligence. We’ll also need to see any information and statements given to you by other medical professionals who have treated your injury after the medical negligence took place. We will need all of this information before we can start to pursue a claim on your behalf.
Medical negligence is one of the most complex types of personal injury compensation cases. This is because medical practitioners and medical staff face dire consequences if they are found to be guilty of something serious such as gross negligence. Therefore, you are going to need to find a solicitor that has plenty of experience in successfully pursuing compensation claims as a result of medical negligence. We are such a solicitor, we have a very long and successful track record of claiming medical negligence on behalf of our clients. Furthermore, we always try and get our clients the maximum amount of compensation that is possible.
We take clinical and medical negligence claims very seriously, we treat every client the same no matter how large their case may be, or how much our final fee could be. This kind of customer-centric focus means that we are always driven by your needs, not ours. We will always put the customer first, every time. This makes us a legal firm that you can trust. We won’t ever advise you to do something that might affect your claim, and we won’t endanger your claim by seeking more compensation than is fitting, just to pad out our fee.
Put simply, we offer people a way to make a No Win No Fee medical negligence or malpractice claim, as simply and efficiently as possible. No fuss, no headache, and no confusing legal jargon.
Contact Us To Begin A Medical Negligence Claim
Have you suffered an injury as the result of medical negligence of any kind? Were you the victim of a badly carried out surgical procedure, even a purely cosmetic one? Has misdiagnosis of an illness, and the subsequent wrong medical procedure left you with ongoing health issues worse than they originally were?
If this sounds like your situation, then you need to contact us as soon as possible. You may well have a very strong case for making clinical and medical negligence claims. Don’t worry if you can’t afford to pay legal fees, in most cases, we will offer to represent people under a No Win No Fee agreement.
We make the process of claiming compensation due to medical negligence as streamlined as possible. We start with an informal and free fact-finding session. Once we know a little more about your cases, we will give you the best advice we can on how to proceed.
If we fail to make a successful claim for compensation following an instance of medical negligence on your behalf, then you won’t need to pay us a single penny. And if we do win your case, we can take our small, legally capped fee directly out of the compensation you are awarded.
- Call 0800 073 8804
- Fill out one of our contact forms
- Use the live chat pop-up
Extra Resources for Clinical and Medical Negligence Claims
- Advice for Claimants: NHS guidance on making a medical negligence claim.
- NHS Negligence Claims – How Much Compensation Can I Claim?: If your health suffered due to a third party’s negligence, read our guide on what steps you could take next.
- Clinical and Medical Negligence Claims: Further information on making a claim.
- How To Make A Misdiagnosis Claim: Did your misdiagnosis cause you to suffer? Read our guide on what to do.
Clinical and Medical Negligence Claims FAQs
What is clinical negligence?
Clinical negligence happens when patients are treated with a sub-par standard of care by a medical professional.
How long does a medical negligence claim take to be settled?
You can sometimes make a claim up to 3 years after the incident occurred. The length of time it takes to settle clinical and medical negligence claims differ depending on your individual circumstances.
How do you prove clinical negligence?
If you choose to make a claim, your personal injury solicitor would help you organise medical evidence to prove your claim. Primarily, you will need to establish that third-party negligence caused your suffering.
How do I establish negligence?
Negligence can typically be established using the following three criteria:
- A third party owed you a duty of care
- That third party failed to uphold that duty of care
- You suffered as a result of that failure
What is the average payout for medical negligence?
Personal injury claims do not have average payouts as they are valued on a case-by-case basis.
How hard is it to prove suffering?
Typically, a medical evaluation with an independent expert can establish the extent of your suffering. They’ll look at everything from your obvious injuries to the impact your accident had on you.
How do I make a clinical negligence claim?
You could consider making a complaint to the NHS first, but if the response is unsatisfactory to you, seek the counsel of a personal injury lawyer.
How can Legal Expert help?
Legal Expert is a claims management company with a panel of personal injury lawyers on hand to handle your case. They have over 30 years of experience handling claims like yours and will work tirelessly to get you the compensation you deserve on a No Win No Fee basis.
Thank you for reading our guide to clinical and medical negligence claims.