A Helpful Guide to Compensation For Medical Negligence
Also sometimes referred to as clinical negligence, medical negligence occurs when somebody receives treatment or care from a medical professional which is not up to the expected standards. This then results in the patient’s condition deteriorating, delays/prevents recovery or even causes injury.
Some of the most common cases of negligence are as a result of misdiagnosis, medication errors such as prescribing incorrect dosage, dental injury or surgical mistakes to name just a few.
This guide will help you understand the steps taken when making a claim against the NHS. When negligence happens to you or a loved one the thought of making a claim can be a daunting, complicated task. As a victim of medical negligence UK you are entitled to justice and our specialist solicitors are here to help you through every step.
What is Medical Negligence?
In simple terms, all patients are owed a duty of care from all healthcare professionals. When the duty of care is not fulfilled whether through failing to meet standards, not taking action or taking unnecessary action, clinical negligence occurs. This is because the patient’s illness, injury or failure was avoidable and would not have suffered had the duty of care not been breached.
Our medical negligence solicitors have decades of experience helping victims and their families get the justice they deserve. Once you make a claim we will help guide you through every step of the process and answer any questions
Can I Sue The NHS For Medical Negligence?
If you or a loved one have been the victim of negligence through injury or illness, you have every right to make a claim for compensation. It doesn’t matter if the failings in treatment happened within a hospital, GP surgery, care home or if you are even making dentist negligence claims. Our specialist lawyers are here to help you.
We understand suing a hospital for medical negligence can be a complex task. That is why seeking expert, professional advice is the best way to get what you and your family deserve.
How do I Make a Claim For Medical Negligence?
If you think you have been the victim and are wanting to make a claim for medical or clinical negligence, the first action you should take is to contact our medical negligence experts. They will then help you go through a no obligation assessment to get all the facts needed to establish if you have a legal claim for the NHS to answer to. Once this is completed and we believe you are entitled to claim, our expert solicitors will help you access your medical records and gather together any relevant details and evidence. This will provide a full account of what has happened to support your claim and detail any long term effects this may have.
When making a medical negligence claim, to be successful your specialist lawyer must prove the care, treatment, procedure or service provided by your healthcare professional failed to reach the standard of care you deserve and due to this their failings have caused you to suffer. If required, your solicitor will make sure you receive an independent medical examination to assess the illness, injury and any resulting effects you or your loved one has suffered to prove evidence of negligence.
If you have suffered at the hands of a medical professional including pressure sore claims, our solicitors have decades of experience to help you get the compensation you deserve, so if you have been the victim call our team today on 0800 999 3372.
No Win No Fee Explained
When thinking about making a medical claim you might be worried about how you are going to cover the cost of solicitors and if needed taking your claim to court.
This is where our specialist lawyers can help as they all provide no win no fee medical negligence claims. This gives you peace of mind that in the unlikely event that your claim is unsuccessful, you will not be left with any legal bills or costs meaning there is no financial risk.
Types of Medical Negligence
When considering making a medical negligence claim, you may be wondering if what you have suffered counts as medical negligence. As explained, clinical negligence can be the result of a single medical professional such as a surgeon, dentist, consultant or nurse. It could be that you are the victim of failings from clinic, care facility, hospital or even a NHS Trust. This means if you have received below standard treatment you are entitled to make a claim and get the justice you deserve.
Our expert medical negligence solicitors have years of experience in all aspects and areas of medical negligence including but not limited to:
- Birth injury claims – this includes injury to mother, baby or even both. Birth defects, cerebral palsy, blood or iron transfusions, brain damage and infections.
- Surgical error – such as causing internal bleeding, avoidable injury to organs or nerve damage, suffering infections and even the need to remove foreign objects left inside the body after surgery.
- Cancer negligence claim – Often due to missed or misdiagnosis of cancer resulting in cancer growing or spreading, lack of or incorrect treatment and unfortunately sadly resulting in death.
- GP surgery negligence – these claims are often as a result of misdiagnosis, incorrect medication, non referral to specialists or clerical error causing deterioration of condition. GP surgeries are often underfunded resulting in patients not receiving the duty of care they deserve.
- A&E and hospital negligence – This covers all aspects and areas of the hospital. From incorrect treatment, hospital acquired infections, misdiagnosis such as brain injuries resulting in head injury claims to failings from departments such as ENT, neurology, gynaecology, pediatrics and all other specialist departments. Whether you are an inpatient or outpatient.
So if you or a member of your family have been the victim at the hands of a medical professional in these or any other areas of the NHS, contact our team today who will help guide you through your claim.
The Four Stages of Making a Claim
Your journey through making a claim can be broken down to four simple stages and our team of experts will be there to help and guide you every step of the way:
1st Stage – Speak to one of our experts by calling us on 0800 999 3372 or by filling in our claim form by clicking here. We will then talk you through our process and conduct a no obligation assessment to see if we believe you have been the victim of negligence.
If we feel you have a case to be answered our specialist solicitors will then discuss the next steps they will take such as requesting your medical records for you or reviewing evidence you already have.
2nd Stage – Once the lawyers receive your agreement instructing them to act on your behalf, they will work tirelessly to collect all evidence and documentation to prove your case. This may include instructing independent medical experts to provide a report and assess the level of care and standards you or your loved one received, to show that these fell below the duty of care deserved and expected.
3rd Stage – A formal letter of claim will be sent out to the healthcare provider providing an explanation of the allegation of negligence as well as the evidence to support your claim.
The defendant then has four months to respond by admitting or denying liability. If liability is admitted, your lawyer will then start the process of negotiating your settlement.
4th Stage – If the medical provider denies liability despite you having a strong case, your solicitor will then start court proceedings and represent you in court, providing the judge with the evidence to determine if the defendant is negligent.
If found guilty the judge will then determine the amount of compensation to be rewarded.
How Much Compensation Will I Get?
The level of compensation varies on a case by case basis as the level of injury such as brain damage compared to dental negligence claims. When making a claim our expert solicitors will not just look at compensating you for the injury or illness suffered, known as general damages but also any further aspects such as cost, continued treatment, the need for care, loss of earnings and even the support of dependents. This is classed as special damages and covers any out of pocket expenses needed due to the negligence suffered.
When preparing your claim, the solicitor will take in many different factors to calculate what they believe you deserve and talk you through the process. Each claim is unique with brains injuries due to birthing negligence payouts often totaling in the millions of pounds, not just for the damage but for future care and costs.
Will I Have to Go to Court?
The majority NHS negligence are settled before any court proceedings are needed with only 2% actually ending up in court as liability is usually admitted and out of court settlements are made.
If your case is more complex and a settlement cannot be agreed or the defendant denies liability, your medical negligence expert will be there for you through every step and prepare your case for court.
Suffered at the hands of a healthcare provider? Call our team today on 0800 999 3372 or fill in our claim form for a no obligation assessment today.