Welcome to Medical Negligence Claims Care. Our website is devoted to answering questions on topics such as what negligence is in a medical setting, how long you have to start your claim and the benefits of hiring a No Win No Fee solicitor to guide you through the claims process.

medical-negligence

Medical negligence claims guide

Medical or clinical negligence can have a multitude of serious and long-lasting consequences, some of which can be fatal. Because of this, if you have suffered unnecessary harm due to the negligence of a medical professional, you could be eligible to make a claim for compensation.

Our team of experienced advisors can offer free legal advice and a valuation of what your claim could potentially be worth. If they find your claim to be valid, they can put you in contact with our panel of expert No Win No Fee solicitors. Get in touch today by:

  • Calling us on the number above 
  • Contacting us using our online form
  • Using the live chat feature at the bottom of the screen

Choose A Section

  1. What Is Medical Negligence?
  2. Examples Of Medical Negligence
  3. How Long Do You Have To Claim After A Doctor’s Negligence?
  4. Compensation Payouts For Medical Negligence
  5. What Is A No Win No Fee Agreement?
  6. Find Out More About Medical Negligence

What Is Medical Negligence?

Negligence can happen in any medical setting, from mental health services to dentistry, but not all cases of negligence form the basis of a successful claim. To make a claim, you must be able to prove that:

  • A medical professional owed you a duty of care
  • They were in breach of this duty
  • You suffered harm as a result of this breach

All medical professionals owe a duty of care to their patients. This means that the actions they take towards you and your treatment must meet a minimum standard of care, as outlined by the General Medical Council in their duties of a doctor. If the care that they provide does not meet this standard, and you suffer harm as a result, you may be eligible to make a claim for compensation.

To find out if you have a valid medical negligence claim, contact our team of advisors today for a free consultation. They could connect you with a No Win No Fee solicitor from our panel. 

Medical Negligence Statistics

NHS Resolution is a part of the Department of Health and Social Care and provides statistics on claims made against the NHS. The NHS Resolution Annual Report states that in the year 2020/21, the NHS received 12,629 new claims and reported incidents. This indicates an increase of 951, or 7.5%, from the previous year.

Examples Of Medical Negligence

As we mentioned above, not all instances of harm in medical care are examples of clinical negligence. For example, you could not make a claim for the sickness caused by chemotherapy if you had cancer, as this harm is necessary for treating the condition.

Some examples of scenarios that could result from medical negligence include:

  • Misdiagnosis: If your misdiagnosis is caused by your doctor breaching their duty of care, for example failing to listen to you in regards to your symptoms, then you may be able to claim for any harm this causes you. 
  • Prescription errors: An example of this could include if you are prescribed a course of medication, but told to take an incorrect dosage that then causes harm. This could happen during hospital treatment, or at a pharmacy.
  • Surgical errors: All surgeries come with the risk of complications, but if you were harmed unnecessarily as the result of a breach of duty of care, this is negligence. An example of surgical negligence could be if the surgery you receive is on the wrong part of your body.

Our advisors can offer free legal advice and help you to start your claim when you get in touch today. 

How Long Do You Have To Claim After A Doctor’s Negligence?

According to the Limitation Act 1980, the time limit for starting a medical negligence claim is generally three years from the date you realised (or should have known) that your suffering was caused by negligence; however, there are some exceptions.

These exceptions include:

  • Children under 18: You can claim on behalf of a child under the age of 18 as their litigation friend. The time limit is suspended until their 18th birthday. Once they turn 18, they have three years to claim for themselves. 
  • Cases of incapacity: If you lack the mental capacity to claim, someone else can claim on your behalf as your litigation friend, and the time limit is suspended. It starts again in the event that you regain the capacity to claim. 

When you start a medical negligence claim, you must provide evidence of the negligence or harm done to you. If you choose to hire a solicitor, they can help you take steps to strengthen your claim. These steps can include:

  • Requesting medical records: Records that detail the treatment you received, medications you were given and dosages can help strengthen your claim.
  • Keeping a symptoms diary: Keeping a diary of any symptoms that develop or worsen due to suspected negligence can be helpful. For example, pain that worsens due to lack of treatment.
  • Taking witness details: If there were any witnesses to the negligence or the worsening of your condition caused by the negligence, taking their details ensures that their statements can be taken later. 

To learn how a No Win No Fee solicitor can help you to strengthen your claim, call our team of advisors today.

Compensation Payouts For Medical Negligence

Successful claimants will receive general damages. General damages cover the pain and suffering caused by your injuries or illness. The amount you could receive varies because general damages are awarded on a case-by-case basis. A document called the Judicial College Guidelines (JCG) can be used to help value claims. 

The JCG contains a list of injuries and potential compensation brackets, some examples of which you can find in the table below.

Injury TypeCompensation BracketNotes
Minor Brain or Head Injury£2,070 to £11,980Brain damage will be minimal if any, with consideration given to injury severity and recovery time.
Total Loss of One Eye£51,460 to £61,690Consideration given to psychiatric effects, age, and cosmetic effect.
Total Deafness£85,170 to £102,890Consideration given to presence of tinnitus and speech deficit.
Chest Injuries (c)£29,380 to £51,460Damage to lungs and chest, with some disability.
Digestive System (a) (iii)£6,190 to £11,820Penetrating stab wounds or industrial laceration.
Spleen (a) £19,510 to £24,680Loss of spleen where there is an ongoing risk of internal infection because of the impact on the immune system.
Moderate Neck Injuries (i)£23,460 to £36,120Fractures or dislocations causing immediate symptoms, which may necessitate spinal fusion
Serious Shoulder Injuries£11,980 to £18,020Shoulder dislocation and damage to the lower brachial plexus causing pain and sensory symptoms.
Fracture of Clavicle£4,830 to £11,490Consideration given to the extent of fracture, disability level, and symptoms.
Moderate Knee Injuries (i)£13,920 to £24,580Cases of dislocation, torn meniscus or torn cartilage resulting in wasting, weakness or future disability.

Special damages are the part of your medical negligence claim that cover any financial losses you may incur as a result of your injuries. For example, if your injuries reduce your mobility, you may need a stairlift or other special equipment in your home. In this case, these expenses could fall under special damages. 

However, you must be able to provide proof of these losses to claim them back. Because of this, it can be helpful to retain any relevant receipts, bills, or invoices. 

For a free assessment of how much compensation you could receive, contact our advisors today. 

What Is A No Win No Fee Agreement?

A No Win No Fee agreement is a way to fund legal representation without the financial risks you might associate with hiring a solicitor in the traditional way. In a No Win No Fee agreement, there are no upfront or ongoing fees to pay to your solicitor.

Then, if your claim is successful, your solicitor will take a legally capped percentage from your compensation as their success fee. However, if your claim does not succeed, you will not pay any fees to your solicitor.

Ask Us About Making A Medical Negligence Claim

A No Win No Fee solicitor can help guide you through the claims process with their legal knowledge and experience but without you being expected to pay them upfront with no guarantee of receiving compensation. 

Our team of advisors can give you a free valuation of what your medical negligence claim could be worth. If they find your case to be valid, then they may connect you with an experienced solicitor from our panel. Contact our team today by:

  • Calling us on the number above 
  • Contacting us online
  • Using the live chat feature at the bottom of the screen

Find Out More About Medical Negligence

For more helpful resources related to medical negligence, try:

CQC – Making a complaint about a service or care provider

GOV.UK – Information on Statutory Sick Pay

Nursing and Midwifery Council Code of Practice

Check out some of our other guides below too:

Learn more about claiming compensation if you’ve undergone unnecessary medical treatment.

Head here to discover more about birth injury claims.

Or go here to learn about Never Event compensation claims.

Writer Cat Higgins

Publisher Fern Smith

No Win No Fee Claims