In this guide, we will discuss the eligibility criteria that must be met in order for doctor negligence claims to be made. As with all medical negligence claims, it is important to establish that a medical professional, in this case, a doctor, owed you a duty of care. You must also show that they breached this duty of care and, in doing so, caused you to suffer avoidable harm.
Doctor negligence claims guide
Moving through the guide, we will explain when you could be eligible to make a medical negligence claim and provide examples of how a doctor could breach their duty of care. Following this, we will explain what evidence you need to obtain to prove a claim and how, if your case is successful, a medical negligence payout can be calculated.
Towards the end of the guide, we will explain the term No Win No Fee. This guide will also discuss the benefits of working with medical negligence solicitors on this basis.
Please continue reading this guide to learn more. However, you can also get in touch with a member of our team to discuss your potential medical negligence claim. Our advisors are available 24/7 to provide guidance and insight. What’s more, they have access to our panel of medical negligence solicitors.
To reach out, you can:
- Call us on 0113 460 1216
- Contact us via our callback form
- Write to one of our advisors using the live chat feature on this page
Jump To A Section
- Doctor Negligence Claims – When Are You Eligible To Make A Claim?
- How Could You Suffer Doctor Negligence?
- What Evidence Do You Need In Doctor Negligence Claims?
- What Amount Of Doctor Negligence Compensation Could You Receive?
- Use Our Panel Of No Win No Fee Medical Negligence Solicitors To Claim
- Learn More About Doctor Negligence Claims
Doctor Negligence Claims – When Are You Eligible To Make A Claim?
As medical professionals, all doctors owe their clients a duty of care. This means that your doctor must provide you with care that meets the correct standard. Failure to do so could cause you to suffer avoidable harm.
The criteria that must be proved for doctor negligence claims are as follows:
- Firstly, a doctor owed you a duty of care as their patient.
- Secondly, they breached this duty of care.
- Finally, as a result of this breach, you suffered from avoidable harm, such as the worsening of your condition.
It is important to note that all of these criteria must be met for you to have a potentially eligible claim. For example, if you have suffered from harm but your doctor did provide you with the correct standard of care and, therefore, didn’t breach their duty of care, you would be unable to claim.
In addition to these criteria listed above, it is also important to make sure that your medical negligence claim is within the relevant limitation period, which we will discuss in more detail in the following section.
Is There A Time Limit To Make A Medical Negligence Claim?
Under the Limitation Act 1980, there are time limits applicable to starting medical negligence claims. This states that legal proceedings should typically begin within three years from one of the following dates:
- The date that the medical negligence occurred; or
- The date that you learned (or would have been expected to know) of the connection between the harm you suffered and negligence.
It is important to note that there can be certain exceptions to this limitation period. If you would like to discuss the limitation date for your medical negligence claim, please get in touch with one of our advisors. They can also provide more information about exceptions to the time limits above and whether they could apply to your case.
How Could You Suffer Doctor Negligence?
After experiencing a doctor providing you with substandard care, you could be left dealing with avoidable harm. This could be in the form of psychological damage, physical pain and suffering and/or a worsened prognosis.
Below we will provide examples of how a doctor’s actions could cause you unnecessary and avoidable harm:
- Medication errors – A doctor could prescribe you medication that badly reacts with medication you are already taking because they failed to check your medical history.
- Medical misdiagnosis – A doctor could misdiagnose your condition, for example, lung cancer, because they failed to send you for tests, leading to a delay in the correct diagnosis of your condition. As a result, your prognosis worsens, and you suffer avoidable physical pain and suffering.
- Errors leading to a birth injury – A doctor may fail to notice issues with your baby before or during birth, leading to an injury to you or your baby.
If you would like to enquire whether you may be eligible to make a medical negligence claim, please don’t hesitate to call a member of our team today.
What Evidence Do You Need In Doctor Negligence Claims?
For doctor negligence claims, it is important to provide evidence that shows your case meets the eligibility requirements laid out previously. This could involve:
- Contact details of any potential witnesses
- A copy of your medical records
- The results of an independent medical assessment
- The results of any tests
- Prescriptions
- A diary you have kept detailing your symptoms and any treatment
The Bolam test is a tool that can be used in the claims process to determine whether the harm you received was of the correct level. This is where other relevantly trained medical professionals assess the standard of care that you received. Findings that support your case may be used as evidence.
Learn more about the steps you can take towards doctor negligence claims by speaking to one of our advisors. What’s more, they can inform you of the services that a solicitor can provide, which may include assistance in gathering evidence for your claim.
What Amount Of Doctor Negligence Compensation Could You Receive?
In successful doctor negligence claims, there are up to two types of damages that could be awarded: general damages and special damages.
General damages can account for the pain, suffering and loss of amenity that medical negligence has caused you. This accounts for the way in which it has affected your quality of life.
In the table we have provided below, we referred to the Judicial College Guidelines (JCG) to create a guide table for general damages. Medical negligence solicitors can also use this text to assist them in the process of valuing medical negligence claims.
Please consider the table as a guide and not an exact representation of what you would receive in a successful case.
Guideline Compensation Table
| Type of Harm | Severity | Details of the Harm | Guideline Compensation Brackets |
|---|---|---|---|
| Brain Damage | (a) Very Severe | The person will not display or will only show very little evidence that they meaningfully respond to their environment. They will need full time nursing care. | £282,010 to £403,990 |
| Brain Damage | (c)(i) Moderate | The person will have a moderate to severe intellectual deficit accompanied by further problems. | £150,110 to £219,070 |
| Brain Damage | (d) Less Severe | The person will have made a good recovery. | £15,320 to £43,060 |
| Kidney | (a) Serious and Permanent | Both kidneys will be lost or there will be serious and permanent damage to both. | £169,400 to £210,400 |
| Kidney | (c) Loss of One Kidney | No damage to the other kidney. | £30,770 to £44,880 |
| Male Reproductive System | (b) Total Impotence, Loss of Sexual Function and Sterility | In the case of a young person. | £114,900 to £148,320 |
| Bladder | (b) Loss of Function | Total function and control loss. | Up to £140,660 |
| Lung Disease | (b) Lung Cancer | Generally in an older person. It will cause severe pain and affect function and quality of life. | £70,030 to £97,330 |
| Digestive System | (b)(i) Severe Toxicosis | There will be serious acute pain, diarrhoea and further problems necessitating hospital admission for days or weeks. | £38,430 to £52,500 |
| Female Reproductive System | (f) Delay in Diagnosing Ectopic Pregnancy | Fertility is not affected. | £3,390 to £20,430 |
Special Damages When Claiming For Doctor Negligence
Secondly, you could receive special damages in a successful medical negligence claim. This accounts for the monetary losses incurred due to medical negligence.
This could cover:
- Loss of earnings
- Travel expenses
- Housing adaptations
It is imperative to note that evidence should be provided to support a claim for special damages. This may involve travel tickets, payslips and invoices.
For a more personalised estimate of the compensation you could be eligible to receive, you could enter the details of your case into a medical negligence claims calculator. Also, you could discuss doctor negligence claims with one of our friendly advisors.
Use Our Panel Of No Win No Fee Medical Negligence Solicitors To Claim
Solicitors can offer to work on eligible doctor negligence claims on the basis of No Win No Fee. This is an umbrella term that encompasses multiple types of agreements. A popular one of these is a Conditional Fee Agreement (CFA).
If you claim with a legal professional who is working under a CFA, you would generally benefit from the following:
- Not making any upfront or ongoing payments for the services your No Win No Fee solicitor provides.
- Not paying at any point for the services of your medical negligence solicitor in the event your case fails.
- Your solicitor takes a small success fee from the compensation in the event that your claim is successful. This is a percentage that the law places a cap on.
- Discussing all terms of the agreement with your solicitor beforehand.
Speak to a member of our team today. If they find that you could have a valid claim, they may put you in correspondence with one of the No Win No Fee medical negligence solicitors from our panel.
To get in touch, you can:
- Call us on 0113 460 1216
- Contact us via our callback form
- Write to one of our advisors using the live chat feature on this page
Learn More About Doctor Negligence Claims
Please take a look at more of the guides on our website to find further information about claiming compensation for doctor negligence:
You can also follow the external links below to learn more:
- General Medical Council (GMC) – Good medical practice
- GMC – How to raise a concern with us
- NHS – Find urgent and emergency care services
Thank you for reading this informative guide discussing doctor negligence claims. If you would like to ask our team any questions, please use the contact information above.
Writer Jess Orange
Publisher Fern Smith
