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 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 on medical negligence claims and a valuation of what your claim could potentially be worth based on examples of medical negligence payouts in the UK. 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
- What Is Medical Negligence?
- Examples Of Medical Negligence
- How Long Do You Have To Claim After A Doctor’s Negligence?
- Examples Of Medical Negligence Payouts In The UK
- Medical Negligence Payouts For Cases In The UK – No Win No Fee Lawyers
- 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 governing bodies for medical practitioners. 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.
The Annual Report also provides some insight on NHS negligence payouts provided by the organisation during the covered period. The report reveals that payments made by NHS Resolution to settle claims in the 2020/21 period totalled £2.26 billion. This represented a £120 million reduction when compared to the 2019/20 period.
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. This could happen at either a pharmacy or during hospital treatment. Taking too much or too little of a medication because of another party’s negligence could end up causing you a lot of harm and you may have grounds to claim for this in response. Feel free to contact our advisors if you are seeking more information about payouts for hospital negligence claims or payouts for UK medical negligence cases of other forms.
- 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 on medical negligence payouts in the UK 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.
Examples Of Medical Negligence Payouts In The Uk
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) may be used by solicitors to help value claims.
The JCG contains a list of injuries and compensation brackets and some examples of these can be found in the table below. The brackets are based on compensation payouts handed out in certain past claims for general damages.
Injury Type Notes Compensation Bracket
Kidney (a) Permanent and serious damage to both kidneys. Or they have been lost. £169,400 to £210,400
Bowels (b) A complete loss of the natural function of the bowel, and the person may depend on a colostomy depending on their age. Up to £150,110
Total Deafness and Loss of Speech A rubella infection may have caused deafness at an early age which could also effect the speeches normal development. £109,650 to £140,660
Bladder (c) Significant impairment of the bladder's control with slight pain and incontinence. £63,980 to £79,930
Lung Disease (c) A disease such as emphysema which causes the lungs functioning to worsen. This will also cause breathing difficulties. £54,830 to £70,030
Total Loss of One Eye Consideration given to psychiatric effects, age, and cosmetic effect. £54,830 to £65,710
Digestive System (a) (i) Severe damage to the digestive system that causes continuing discomfort and pain. £43,010 to £61,910
Chest Injuries (c) Damage to lungs and chest, with some disability. £31,310 to £54,830
Spleen (a) Loss of spleen where there is an ongoing risk of internal infection because of the impact on the immune system. £20,800 to £26,290
Brain or Head Injury - (e) Minor Brain damage will be minimal if any, with consideration given to injury severity and recovery time. £2,210 to £12,770
Alongside general damages, a payout for medical negligence may also include special damages – compensation awarded for the financial impact caused by the person’s injury. Examples could include:
- Loss of earnings, if the injury affected ability to work
- Need for treatment or care costs
- Cost of home adaptations
Evidence will be important in your claim. You could be required to provide documentation showing any financial losses, such as receipts, payslips or invoices.
Our advisers can discuss examples of payouts for medical negligence with you. Please reach out to any of our advisers for more info on medical negligence claims and payouts for specific types of claims such as payouts for NHS negligence.
Medical Negligence Payouts For Cases In The UK – No Win No Fee Lawyers
If you would like to claim compensation, you may wish to hire specialist medical negligence solicitors to support your claim. Solicitors for medical claims may offer you a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
When your medical negligence solicitor’s services are funded this way, you usually won’t be charged upfront. Successful medical negligence claims will have a success fee deducted from the award. A legal cap applies, meaning only a certain percentage can be taken. Should your solicitor fail to secure you medical negligence compensation, you usually won’t be charged for their services.
All the medical negligence solicitors on our panel can offer you a No Win No Fee arrangement.
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
If you would like to speak to an advisor about matters such as examples of medical negligence payouts in the UK, then please get in touch with us here at Medical Negligence Claims Care today. You can reach us online or on the phone by using the contact details featured on this page.
Writer Cat Higgins
Publisher Fern Smith
