Making a Claim
If you have been a victim of medical negligence in UK that has caused you to suffer both physical and emotional consequences, it is easy to make a medical negligence claim or claim against the NHS. At nhsnegligenceclaim.com, we work with a team of well experienced medical negligence solicitors who are specialists in handling medical negligence claim UK.
What is medical negligence?
When healthcare professionals fail to abide by the acceptable standard of care, causing harm or injury to their patients, the resulting event is termed medical negligence. Medical negligence usually leads to the development of a new injury or makes an existing condition worse. Examples of medical negligence include medication errors, surgical errors, mistreatments in care homes, birth injuries, to mention but a few.
What is medical negligence claim?
A medical negligence claim is a legal case made against a medical practitioner, hospital (or both), for acts of negligence. Here, the victim, (the patient) who has been exposed to injury or harm demands a compensation in court for damages incurred.
If you are a victim of medical negligence UK, we can help you make a medical claim and assist you to get the compensation you deserve. Feel free to contact us at nhsnegligenceclaim.com and one of our medical negligence solicitors will walk you through the process.
Making a Medical Claim
It is important to understand the requisites for making a claim before beginning one. First thing you need to do is approach a medical negligence expert with your case. A medical negligence expert will help you understand how to prove that you have actually suffered a negligent treatment.
When it comes to making a medical claim, it is worthy of mention that every case is built on evidence. It goes without saying that your ability to make a claim is dependent on how well you can prove that your injury/what happened to you was a mistake on the path of your medical professional or doctor.
Some of the documents you may need to prove medical negligence include:
- Medical records
- Reports from medical experts
- Detailed statement from the victim
- Detailed statements from witnesses
- Financial evidence of costs incurred
How Do I Start a Claim for Medical Negligence?
You can start your medical claim or nhs claim online. Here at nhsnegligenceclaim.com, you can do this simply by filling out our contact form to get a free claim assessment and one of our medical negligence solicitors will get back to you. You can also reach out to us directly on 0800 999 3372, to speak to a highly trained medical negligence solicitor who will provide legal assistance in every area of your claim.
How much is Compensation for Medical Negligence?
When it comes to medical negligence claim amounts, it is highly impossible to give exact numeration as every case of medical negligence completely differs from one individual to another. Compensation in medical negligence is usually calculated based on the severity of your injury, impact on your life and your recovery period.
Truly, medical negligence incidents affect victims differently. Even if it happens that you suffer the same form of medical negligence as someone else – for example, wrong medication prescription, or a foreign object has been left inside you after surgery – the impact on your life will be unique. You might take a longer time to recover than the person who has suffered similar experience and all of these collectively impact your compensation award.
However, in the UK, cases of medical negligence can attract compensation from around £1000 to amounts exceeding £300, 000. And in extremely severe cases, compensation awarded could be much more.
Medical Negligence Compensation Claims Time Limit
At nhs negligenceclaim.com, we like to advise that you seek compensation as soon as you have the opportunity. When it comes to time limits for making medical negligence claim Uk, you typically have three years, within which your claim can be made. This time frame entails the date of your injury or the date when you first became aware that your injury can be blamed on medical negligence.
If you or your loved one has suffered medical negligence, and it falls well within three years, we can help you in all avenues of your claim. As long as we are able to wind together available evidence provided by you, to develop a strong case for you, you can rest assured of getting the compensation you deserve.
Furthermore, it is important to note that there are certain exempt (peculiar) cases where the 3-year time limit may not start to run until a much later time. These include;
Cases of children who are not old enough to pursue claims themselves. They usually require either their parent or close relative (Litigation friend) to make these claims on their behalf. In other cases, the three years may not start to count until the child reaches the age of 18. At this age, the child (who is now an adult) can then bring a claim,
provided the claim was never started on their behalf before. This therefore implies that the time limit for claim in this case will be from the 18th – 21st birthday of the child.
- Cases where it is difficult for the victim to pinpoint the exact date of the incidence that is attributable to the act of medical negligence – whether by error, omission or breach of duty. Sometimes it may take a while for an injury to become significant or for symptoms to develop. For example, if a person has been diagnosed wrongly, the negligence act happened at that point of incorrect diagnosis. However, it is impossible for a patient to be aware that he/she was diagnosed wrongly until a right diagnosis is carried out. In such cases, the time limit for making a claim starts to run from the date of knowledge of the injured person and they would have 3 years from that date to make a negligence claim.
- Cases where the victim lacks the mental capacity to make a claim for themselves, by themselves. It takes a mentally abled person to be able to pursue a claim. Certain medical negligence cases leave victims with the lack of mental capacity to understand or bring a claim. Medical negligence law recognises how a 3-year limitation can be rather unfair for persons in this category. In a situation like this, the mentally incapacitated person has until they regain their mental capacity to begin their claim. This could take several more years. Consequently, in a case where the victim may never regain capacity, the Litigation friend of such individual can start a claim on behalf of that person.
- Cases of death. The worst thing that could happen following a medical negligence incident is the death of a loved one. In cases where an injured person dies within the three year limit for making claims, usually, the time limit is further extended by 3 years from to allows the deceased’s family ample time to grieve their loss as well as bring a claim on their behalf.
Who is an NHS negligence lawyer?
NHS negligence lawyers are medical negligence experts who assist victims with nhs negligence claims. Usually when the NHS fails to provide the expected standard of care and as a result put you through avoidable suffering, you will need an NHS negligence lawyer to help you with your claim. This is a legal expert that understands the nhs complaints procedure compensation process and will take time to understand your case.
At nhsnegligenceclaim.com our solicitors have successfully handled tons of cases and you can rest assured that your case is in good hands. Our medical negligence solicitors work hard to ensure that you get the highest possible compensation payout from your claim.
How much could you claim with our medical negligence solicitors?
If you are a victim of medical negligence, who wish to make a medical claim or nhs negligence claims, our medical negligence solicitors will give you a rough idea of the compensation you could expect to receive, should your claim be successful.
When you contact one of our experts, they will take time to carefully consider your case as well as analyze the circumstances bordering around your claim, to give you an estimate regarding your claim. A medical negligence claim calculator could also be used to determine a range of compensation amounts you could expect to claim for your medical negligence injuries or accident.
Though a medical negligence payout may not necessarily restore your original quality of life back in certain cases, it is a great form of compensation for the pain and suffering you’ve had to go through. Generally, compensations for medical negligence UK or NHS negligence compensation, are classified into specific categories:
- General damages – When you are claiming compensation under general damages, the pain and suffering related to the harm or injury is usually taken into consideration. In such a situation, the compensation amount varies based on the severity of injury, as well as the duration of the injury. For example, a general damage involving a permanent brain damage will naturally attract more compensation than a minor scarring resulting from a cosmetic injury. With supporting evidence on ground, a brain injury damage may attract compensation in excess of £200,000.
- Special damages – Special damages go further to seek redress for specific expenses a victim has incurred or will likely incur in the near or far future as a result of medical negligence. Our medical negligence solicitors have successfully handled several special damage cases and will ensure that all potential aspects of the claim are identified. In cases where expert medical advice is needed, we settle that too. For special damages you can claim for the following:
- Medical expenses – These are the costs incurred from medical care and therapies as a result of the harm or injury due to negligence.
- Out of pocket losses – Here, compensation for financial expenses incurred such as travel expenses and accommodation costs e.g if you leave your state to seek medical assistance and you are required to go back and forth for treatments or care appointments.
- Loss of earnings – If your injury or disability has made you lose your source of livelihood, whether fully or partially, you can claim for compensation for such damage. Perhaps your injury has resulted in months to years of inability to get back to work or even more unfortunate cases where you may never return to work special damages cover these claims.
- Care claim – If your medical negligence injury or accident requires that you need assistance throughout your journey to recovery, you may be entitled to compensation in that regard.
For special damages, the list is usually long and inexhaustive. If you feel you need to be compensated for special damages, feel free to contact us today and one of our medical negligence experts will be there to assist you throughout your claim.
No Win No Fee Medical Negligence Claim
Making a claim for medical negligence compensation can be a breeze if you have the right medical negligence experts looking into your case. At nhsnegligenceclaim.com, we work with a panel of medical negligence solicitors who will handle your claims on a No win No fee basis. What this means is that you are not obligated to pay any legal fees – thereby taking every financial risk out of the way.
You could file for a claim knowing that you stand a chance to lose nothing. If your claim is unsuccessful, you will not be charged any fee by our solicitors.The only time you will be required to pay what is known as a “Success Fee” is when you have been awarded compensation. Our medical negligence solicitors will work with you to enlighten you on the percentage fraction you will pay from your total compensation (this is usually 25% of your total compensation award)
Q: What is the average payout for medical negligence UK?
THough medical negligence cases differ from one individual injury to another, according to the National Health Service Litigation Authority, the average NHS negligence payout was estimated around £50,000.
Because medical negligence claims vary from minor cases like an incorrect prescription to more severe brain damage, compensations can range anywhere from £1,000 up to tens of thousands of pounds and even many millions. There are several NHS negligence claims where people have been awarded millions of pounds.
A woman has been awarded £24 million nhs compensation after a surgical negligence left her brain damaged, and another confined to a wheelchair after an incident of birth injury negligence received about £12.4 million.
It therefore holds true that the amount received by victims of medical negligence differs based on the damages incurred. So if you want to assess what your claim is worth, our medical negligence solicitors will calculate what your estimated compensation, based on your individual experience and personal impact.
Q: Can you claim compensation from NHS?
Yes, you can claim compensation for any form of negligence action by the NHS. Just like private hospitals, NHS hospitals and clinics offer a variety of services to patients based on their need for such medical care. And while they do a good job at it, there are countless areas where they may fall short and you are entitled to NHS negligence claims.
Our solicitors have the experience in handling nhs negligence claims, the most common examples of which are:
- Incorrect medical advise
- Wrong surgery site
- Medication errors/ prescription errors
- OBG negligence
When making a claim against nhs, it is important to understand that NHS negligence compensation differs based on individual situation. The eventual amount that is to be awarded in particular cases is of the courts discretion. And it boils down to how much a person has been injured and their solicitors ability to provide a strong case with the available evidence of the injury caused due to the medical negligence.
Q: What qualifies as medical negligence?
We understand that it can be hard to know if your experience or what happened to you was as a result of medical negligence. Sometimes what you may consider to be negligence may just be one of those inevitable happenings and no fault of your healthcare practitioner. For example, every surgery comes with an expected level of risk.
If you are unsure about what qualifies as a medical negligence, you case should be able to prove that:
- Your medical injury or accident was indeed as a result of the negligent action of your healthcare provider.
- Your doctor or surgeon owed you a duty of care which was breached.
- Your hospital failed to meet the required standard of care for patients.
- Your doctor or caregiver is incompetent and has diagnosed wrongly.