This is an informative guide to medical negligence claims. All medical professionals have a duty to provide the correct standard of care to their patients. Should a medical professional fail to do this, it could result in you suffering from avoidable harm, such as a worsened prognosis or condition that could have been avoided. A breach of duty of care that caused avoidable or unnecessary harm is called medical negligence.
Medical negligence claims
As we move through this guide, we will discuss different ways medical negligence could occur, such as medication errors, birth injuries, medical misdiagnosis and prescription errors. Also, we will look at the evidence you could gather to support a medical negligence claim and the benefits of opting to use a No Win No Fee solicitor.
If you would like to enquire, please speak to a member of our team. Our advisors are available 24 hours a day, 7 days a week, to offer free and confidential legal advice. They could also assess your case and provide insight into whether you could have valid grounds to make a claim.
You can:
- Call our helpline for free on 0113 460 1216
- Contact us via our website
- Use the live chat feature on this page to speak to an advisor
Choose A Section
- Medical Negligence Claims – A Guide To Receiving Compensation
- When Are You Eligible To Claim For Medical Negligence?
- What Potential Evidence Could Help You Make A Medical Negligence Claim?
- Medical Negligence Claims – What Compensation Could Be Received From A Successful Claim?
- Why Make A Medical Negligence Claim On A No Win No Fee Basis?
- Read More About Medical Negligence Claims
Medical Negligence Claims – A Guide To Receiving Compensation
Medical professionals owe you a duty of care as their patient. This can include doctors, nurses, surgeons, and pharmacists. If they breach this duty of care, it could cause you to sustain avoidable harm ranging from minor to severe and life-changing. In some of the most serious cases, it could potentially result in death.
The harm you could suffer may have various negative impacts on your life. It could result in a loss of amenity if you’re no longer able to live your life the way you did before. You could also be affected financially. For example, you could be unable to work and, therefore, suffer from a loss of earnings.
Please continue reading this guide to learn how compensation for medical negligence claims is awarded. Also, we will provide a table as a guide to the compensation brackets that could be used to help value your claim.
Contact our advisors for advice on making a claim for medical negligence.
When Are You Eligible To Claim For Medical Negligence?
It is important to note that not all cases of patients suffering from avoidable harm will form the basis of valid medical negligence claims. A medical professional could provide the correct standard of care but still cause avoidable harm. In this case, you would not be eligible to claim.
To make a valid claim, you must prove the following:
- A medical professional owed you a duty of care
- They breached this duty of care
- As a result of this breach, you suffered avoidable physical or psychological harm.
Different areas of the medical profession have differing guidelines for their duty of care. We will provide some below:
- Doctors – Good medical practice from the General Medical Council.
- Nurses and midwives – Duty of care from the Royal College of Nursing
- Surgeons – Good surgical practice from the Royal College of Surgeons of England
The following three sections will explore some of the ways in which medical negligence can occur.
Misdiagnosis Claims
Receiving a misdiagnosis could seriously impact your quality of life. For example, being diagnosed with a much more serious illness or injury could cause severe psychological harm. Furthermore, your condition could be worsened due to a misdiagnosis resulting in you receiving the incorrect treatment.
A misdiagnosis could be caused by a medical professional breaching their duty of care. For example, a doctor misreads an x-ray that clearly shows a broken leg, however, they misdiagnose it as badly bruised. This misdiagnosis leads to the prolonging of the patient’s suffering and a worsening of the condition.
Medication Error Claims
The NHS resolution describes a medication error as a Patient Safety Incident (PSI). It also states that the causes of medication errors can occur during the process of prescription, preparation, dispensing, administering, providing advice on or monitoring medicines.
For example, a pharmacist could give you the incorrect prescription as they failed to check that your name and details matched those on the medication.
If you are given the incorrect medication because a medical professional breached their duty of care and, as a result, suffer from avoidable harm, you could be eligible to make a medication error claim.
Birth Injury Claims
Medical negligence could take place during the birthing process. This could cause harm to the mother, baby or both. In some instances, birthing injuries cannot be avoided by providing the right level of care. However, if you or your baby were if a medical professional breached their duty of care, you may be eligible to claim.
For example:
- If a doctor uses excessive force during the birthing procedure, it could cause an injury to the mother, such as a pelvis fracture.
- If a medical professional fails to monitor the baby after being told they are in distress and therefore fails to notice the umbilical cord is wrapped around their throat, and as a result, the baby suffers from brain damage.
Speak to our advisors to learn more about hospital negligence and birth injury settlements.
What Potential Evidence Could Help You Make A Medical Negligence Claim?
Evidence must be provided to support medical negligence claims. Potential evidence you could obtain includes:
- Medical records – Showing the harm caused and any treatment required. Such as hospital reports and doctor reports.
- Prescriptions – Showing any medication you’ve taken.
- Diary of symptoms – To document the progression of the harm you have suffered.
The Bolam test might be used to determine negligence in your claim. This is where a group of medical professionals who practice within the relevant area of medicine assess the incident to determine whether you received the correct standard of care. This can provide useful evidence to prove liability.
Please speak to our team of advisors to learn more about compiling evidence for a medical negligence claim.
Medical Negligence Claims – What Compensation Could Be Received From A Successful Claim?
A successful medical negligence claim can result in a compensation payout. This may consist of up to two potential heads of claim:
- General damages – compensates for the suffering caused by the harm resulting from the incident of medical negligence.
- Special damages – compensates you for any financial losses caused by medical negligence.
Below we have used the Judicial College Guidelines (JCG), updated in April 2022, to provide bracket amounts for various types of harm. Legal professionals can use the JCG to guide them when valuing a general damages payout.
| Type of Harm | Notes | Compensation Brackets |
|---|---|---|
| Kidney (a) | The complete loss of or permanent serious damage to both kidneys. | £169,400 to £210,400 |
| Kidney (c) | One kidney will be lost but there will be no damage to the other. | £30,770 to £44,880 |
| Bowels (a) | Incidents involving double incontinence alongside other medical complications. | Up to £184,200 |
| Reproductive System: Male (b) | Within this bracket there will be loss of sexual function, total impotence and sterility. Also, the person affected will be young. | £114,900 to £148,320 |
| Bladder (b) | The total loss of control and function of the bladder. | Up to £140,660 |
| Bladder (c) | The person will suffer from a serious impairment of control with some incontinence and pain. | £63,980 to £79,930 |
| Reproductive System: Female (c) | Infertility with no sexual dysfunction or aggravating features in the case of a young person with no children. | £56,080 to £71,350 |
| Digestive System (b)(i) | Severe toxosis causing multiple problems, such as vomiting and serious acute pain, having a significant effect on the person's ability to work and enjoy life. | £38,430 to £52,500 |
| Spleen (a) | The spleen will have been lost, and there will be a continued risk of disorders and internal infection due to damage to the immune system. | £20,800 to £26,290 |
| Spleen (b) | This bracket covers injuries where the above risks are either minimal or not present. | £4,350 to £8,640 |
Please consider these figures a guide, as the amount you receive could vary depending on circumstances.
Special Damages
Furthermore, a successful claim could see a payout for past and future monetary losses under special damages. This could include reimbursement for:
- Housing alterations
- Travel expenses
- Care costs
- Loss of income
It is important to note that you must keep evidence to support a case for a special damages payout. This could include receipts, invoices, bank reports and payslips. Speak to our advisors for insight into compensation for medical negligence claims.
Why Make A Medical Negligence Claim On A No Win No Fee Basis?
Choosing to use a solicitor to make a medical negligence claim could prove advantageous for both you and your claim. A legal professional can help you to compile evidence and present a complete case.
Also, they could offer you to enter into a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement that provides a way of funding the services of a solicitor. This means, generally, you will not pay any upfront or ongoing fees for the services of a solicitor. Nor will you usually have to make payments for these services in the event your claim is not successful.
Alternatively, a successful claim will see a solicitor take a small percentage of the compensation, which is referred to as a success fee. The law caps this amount.
Contact Us 24/7 For Free Legal Advice To See If You Can Claim For Medical Negligence
Please contact one of our advisors for an evaluation of your claim. If they determine that you could have a valid case, they may place you in contact with one of the No Win No Fee solicitors from our panel. However, you will not be under any obligation to further your claim with us.
You can:
- Call our helpline for free on 0113 460 1216
- Contact us via our website
- Use the live chat feature on this page to speak to an advisor
Learn More About Medical Negligence Claims
For more information on medical negligence claims, please explore more of the guides on our website:
- Can I Claim For Hospital Medication Errors?
- Claiming Compensation After Receiving Unnecessary Medical Treatment
- Who Can Bring A Medical Negligence At Birth Claim?
Also, take a look at the external sources below:
- Nursing And Midwifery Council – Professional Standards Of Practice And Behaviour
- GOV – Statutory Sick Pay (SSP)
- Mind – Anxiety and panic attacks
Thank you for reading our guide to medical negligence claims. If you are left with any questions, don’t hesitate to get in touch using the details provided above.
Writer Jess Orange
Publisher Fern Smith
