Learn How To Sue A Doctor For Pain And Suffering Caused By Medical Negligence

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A Guide On How To Sue A Doctor For Pain And Suffering

This guide explains how to sue a doctor for the pain and suffering they have caused you to experience due to medical negligence. Within this guide, we will discuss the specific eligibility criteria that must be met in order for you to be able to make a valid medical negligence claim.

Additionally, we will provide examples of the various types of medical negligence claims that could be made and how long you have to begin legal proceedings. This guide will also explore the importance of gathering evidence to support your case as well as providing some examples.

We will also share the different heads of claim that could be awarded for a successful claim, and how compensation is calculated.

Furthermore, we will discuss some of the various benefits of making a claim with the help of one of our No Win No Fee medical negligence solicitors.

Continue reading this guide for more information on the clinical negligence claims process. Or you can contact our advisors to discuss your specific claim for doctor negligence. They can be reached 24 hours a day via the following methods:

How To Sue A Doctor For Pain And Suffering

Learn How To Sue A Doctor For Your Pain And Suffering

Jump To A Section

  1. How To Sue A Doctor For Pain And Suffering
  2. Examples Of When You Could Make A Medical Negligence Claim For Pain And Suffering
  3. How To Prove A Medical Negligence Claim
  4. What Compensation Could You Claim For Pain And Suffering?
  5. How To Sue A Doctor For Pain And Suffering With No Win No Fee Medical Negligence Lawyers
  6. Further Medical Negligence Claims Resources

How To Sue A Doctor For Pain And Suffering

All healthcare professionals, including doctors, pharmacists and nurses, owe their patients a duty of care. They must provide the correct standard of care when they are treating you per their duty. If they were to provide a standard of care that is below the expected minimum standard, this could be considered a breach of their duty and could lead to you suffering avoidable harm.

In order to have a valid claim for medical negligence against a doctor, the following criteria need to be met:

  1. You were owed a duty of care by a doctor.
  2. The doctor failed to adhere to their duty of care.
  3. Because of this, you experienced harm that could have otherwise been prevented.

How Long Do I Have To Sue A Doctor?

In accordance with the Limitation Act 1980, medical negligence claims generally need to be started within 3 years. The time limit begins from either the date of the medical negligence or the date that you became aware of the medical negligence, otherwise referred to as the date of knowledge.

The exceptions to the time limit include if the claimant lacks the mental capacity to claim for themselves or if they are under 18 years old.

To find out what happens in these circumstances, or to confirm whether you are within the correct time limit, contact our team. An advisors can also help you if you are wondering how to sue a doctor for the pain and suffering they have caused you after providing negligent treatment.

Examples Of When You Could Make A Medical Negligence Claim For Pain And Suffering

As previously mentioned, in order to be able to make a medical negligence claim, a medical professional must have caused you to suffer unnecessary harm due to them breaching their duty of care.

There are various ways that you could be unnecessarily harmed, and the pain and suffering you experience may differ depending on the circumstances of your case.

Some examples of how medical malpractice could occur include:

  • Misdiagnosis – A doctor could misdiagnose your cervical cancer as another condition because they failed to refer you for further testing after a smear test came back positive for HPV. This failure to refer you for further testing and therefore delayed treatment meant that your cervical cancer spread to other parts of your body, requiring you to need more aggressive treatment.
  • Prescription errors – For example, your doctor prescribes you a medication that contains an ingredient you are allergic to. They were aware of this allergy and it was stated within your medical records. This causes you to suffer an allergic reaction causing anaphylaxis.
  • Wrong dosage of medication – For example, a doctor prescribes you the correct medication but the wrong dosage of it. Depending on whether you received too much or too little of your medication, this could cause you to suffer a variety of consequences, e.g if you received a higher dosage, this could cause you to overdose, which may be fatal in some cases.

Contact our team of advisors today to discuss your specific case and see whether you may have a valid medical negligence claim and are able to take legal action.

Doctor Negligence

When Could You Make A Claim For Doctor Negligence?

How To Prove A Medical Negligence Claim

When pursuing compensation for medical negligence, you must be able to demonstrate that the unnecessary pain and suffering you experienced was caused by a medical professional failing to adhere to their duty of care. This is why gathering evidence is a crucial step of the medical negligence claims process.

Some examples of the evidence that could be collected to help support a medical negligence claim include:

  • Witness contact information – If anyone was present for your medical appointments and witnessed the treatment you received, they could provide a statement about the events at a later date.
  • Medical evidence – For example, any X-rays, blood test results or your medical records stating any conditions you have been diagnosed with and the treatment received for them.
  • Prescription forms – This could help with proving any prescriptions you were prescribed, or if you were given the incorrect medication.
  • Financial evidence – Any expenses you have incurred due to medical negligence will need to be proven. For example, a receipt could help with proving prescription costs and your payslips could help with proving any lost earnings.

For further advice on how to prove medical negligence for your claim, you can contact our advisors. Additionally, they may connect you with one of our medical negligence solicitors who have experience handling GP negligence claims and who could help you with gathering evidence to support your case.

medical negligence cases

What Compensation Could You Claim For Pain And Suffering?

You might be wondering what the average payout is for a successful clinical negligence claim. However, settlements vary depending on the unique circumstances of each case. As such, it can be difficult to provide an average for your specific case. Instead, we can help you understand how compensation in clinical negligence claims is calculated.

If your medical negligence claim is successful, you might receive up to two heads of loss as part of your compensation settlement. These are called general and special damages.

General damages award you with compensation for the pain and suffering you have endured due to a medical professional failing to adhere to their duty of care. Various factors will affect how much you receive under this head of loss, some examples being:

  • Your future prognosis.
  • The treatment you have required.
  • The extent of physical pain and any emotional distress you experience.

Those valuing your medical negligence claim for general damages may refer to the Judicial College Guidelines (JCG). Within the JCG are guideline compensation brackets for different types of physical and psychological harm. We have included some of these entries that may be applicable to medical negligence claims in the table below.

Injuries Table 

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Injury Severity Guideline Compensation Bracket Notes
Multiple severe injuries and/or illnesses and the financial impacts Severe Up to £1,000,000+ Compensation for the physical and psychological pain and suffering caused by medical negligence and the financial impacts of them, such as lost wages, care costs, and medical expenses.
Brain damage Very severe (a) £282,010 to £403,990 Full-time nursing care is needed. This bracket includes cases of quadriplegic cerebral palsy causing severe cognitive and physical disabilities.
Moderately severe (b) £219,070 to £282,010 The person will be in a seriously disabling state. Disabilities may be cognitive (impairment of personality), or physical (limb paralysis).
Moderate (c) (i) £150,110 to £219,070 There will be no prospect of employment since the person has an intellect deficit which is moderate to severe. There is also a change in personality, an effect on the senses, and a substantial epilepsy risk.
Kidney Permanent and serious damage or loss (a) £169,400 to £210,400 This affects both kidneys.
Bowel Double incontinence (a) Up to £184,200 Complete loss of natural bowel function as well as urinary function and control. There are also other medical complications.
Total loss of natural function (b) Up to £150,110 The person may need a colostomy depending on their age.
Bladder Significant (b) Up to £140,660 Total loss of function and control.
Serious impairment of control (c) £63,980 to £79,930 There will be some incontinence and pain.
Digestive System Damage/Illness Resulting From A Non-Traumatic Injury (b) (i) £38,430 to £52,500 Hospital admission will be required for a few days to a few weeks due to severe toxicosis that causes a fever, acute pain, diarrhoea and vomiting.

Please note that this table should only be used for guidance. Additionally, the first entry has not been taken from the JCG.

Special Damages

Special damages may be awarded to you as part of your settlement to compensate the financial losses the medical negligence has caused you to incur. Some examples may include, but are not limited to:

  • Travel expenses, such as taxi fares to and from medical appointments,
  • Loss of earnings, both past and future, if you needed time off work.
  • The cost of home adaptations, such as the installation of a stairlift or ramp.
  • Medical bills, such as prescription fees.

For a free valuation of how much compensation you could potentially receive for your medical negligence claim, contact one of our advisors.

How To Sue A Doctor For Pain And Suffering With No Win No Fee Medical Negligence Lawyers

If it is determined that you have a valid medical negligence claim, we may connect you with an experienced medical malpractice lawyer of ours to help you seek compensation. Our team of lawyers have experience working on various medical negligence cases, and may offer to support your case on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

When making a claim for medical malpractice under this arrangement, there will be no upfront or ongoing fees to pay to your lawyer for their services. Additionally, you will not be required to pay them for the work they have provided if they are unsuccessful in obtaining compensation for you.

If your claim succeeds, your medical negligence lawyer will take a percentage of your compensation total before it’s awarded to you. This is referred to as a success fee. The maximum percentage of your compensation that lawyers can take as their success fee is legally capped.

Medical Negligence Solicitor

Claim On A No Win No Fee Basis With A Medical Negligence Solicitor

Talk To Our Team

If you are still wondering how to sue a doctor for the pain and suffering they have caused you, or if you would like further information regarding the medical negligence claim process, you can contact our advisors. After discussing your case, they may connect you with one of our medical negligence solicitors who could assist you with claiming compensation.

To discuss your medical negligence claim today and receive free advice, you can:

Medical Negligence Claims Resources

Further guides by us:

Additional information and resources:

If you are still wondering how to sue a doctor for the pain and suffering they have caused you to experience due to negligent medical treatment, you can contact a member of our advisory team.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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