Medical Negligence

What is a Medical Negligence Claim?

A medical negligence claim is a legal process where a patient seeks compensation for the harm caused by substandard care from a medical professional. This can involve medical mistakes in diagnosis, treatment, follow-up care, or overall health management.

Whether the fault lies with a private medical practitioner or NHS negligence, if the care provided is less than acceptable and leads to an injury or worsening of a medical condition, you may be able to bring a medical claim.

Compensation can help cover medical expenses, loss of earnings, pain and suffering, and other related costs. Medical compensation is designed to assist in your recovery and help you rebuild your life.

You usually have three years to start a medical negligence claim. This runs from the date of the treatment, or from when you first knew it may have caused your injury. Children have until their 21st birthday, and different rules apply if someone lacks mental capacity. It’s best to get in touch early, while records and memories are still fresh.

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Types of Medical Negligence

Medical negligence claims can arise from various situations, including:

Wrong Diagnosis or Delayed Diagnosis

A wrong diagnosis or delayed diagnosis happens when a healthcare provider fails to accurately identify a medical condition within a reasonable time. This can lead to unnecessary or delayed treatment, worsening the patient’s condition and causing additional pain.

For instance, misdiagnosing a serious illness like cancer may prevent the patient from receiving critical early treatment. This allows the condition to progress and complicates recovery, ultimately impacting their overall health and quality of life.

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An image depicting Wrong Diagnosis or Delayed Diagnosis

Surgical Errors

Surgical errors involve mistakes made during surgery, such as operating on the wrong body part, leaving instruments inside the patient, or performing unnecessary procedures. These errors can lead to severe complications, including infections, prolonged recovery, and additional surgeries.

The physical pain, emotional distress, and financial burden caused by these mistakes can be significant, often requiring extensive medical intervention to address and correct the harm done.

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Medication Errors

Medication errors occur when the wrong medication or dosage is prescribed, or harmful drug interactions are overlooked.

For example, receiving an incorrect dosage or medication could cause severe side effects or worsen the patient’s condition. These issues compromise the effectiveness of treatment, potentially leading to additional health complications and requiring further medical attention to resolve.

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Birth Injuries

Birth injuries involve harm to the mother or baby during childbirth, often due to clinical negligence. This can stem from errors in prenatal care, labour, or delivery.

Cerebral palsy, for example, may occur if the baby suffers oxygen deprivation during delivery. Similarly, physical injuries may arise from improper use of delivery instruments. These injuries can cause lasting problems, requiring continued medical care and creating emotional and financial difficulties for the family.

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We’ve already helped thousands of people across the UK.

Speak to our friendly team today. You are not alone, and you may have a case.

Frequently Asked Questions

Your questions, answered.

Can I make a medical negligence claim on behalf of someone else?

Yes, you can make a claim on behalf of someone else if you are a family member or carer. This is possible if the person is under 18, lacks the capacity to make a claim, or has died due to the negligent treatment.

Can I access my medical records?

Yes, you have the right to access your medical records. You can request them from any medical institution you have visited, including your GP, hospitals, and other care providers. This is important for reviewing your treatment and supporting your claim.

Do I need to make a formal complaint before making a medical negligence claim?

No, you don’t have to complain first, but it can help. Making a complaint is free. If you were treated by the NHS, you can use the NHS complaints process, and the Patient Advice and Liaison Service (PALS) can help. If you’re not happy with the outcome, you can take it to the Parliamentary and Health Service Ombudsman for free. A complaint can get you answers and an apology, but it won’t usually get you compensation. A legal claim can. If you’ve already complained, we’ll review the response.

How can I fund my medical negligence claim?

Most of our clients use a no-win, no-fee agreement. There’s nothing to pay upfront, and if you win, our fees come out of your compensation. We’ll explain exactly how much before you sign anything. You may also have legal expenses insurance, for example through your home insurance, so it’s worth checking.

How can I prove medical negligence?

To prove medical negligence, you need to show that the healthcare professional owed you a duty of care, failed in that duty, and that this failure caused you harm. You must also demonstrate that this harm led to physical injury, psychological trauma, or financial loss, such as lost earnings. Expert medical evidence is often required to support these claims.

What compensation will I receive for a medical negligence?

Compensation is made up of two parts. One is for the injury itself and its effect on your life. The other is for money you’ve lost or spent because of it, such as lost earnings, extra medical costs and care. We’ll need medical evidence before we can tell you what your claim may be worth.

What is medical negligence?

Medical negligence occurs when a healthcare professional fails to meet the expected standard of care, leading to harm. This can include incorrect or delayed diagnoses, inappropriate medication durations, or errors during medical procedures. If the care provided falls below the standard and results in worsening your condition or injury, it may constitute medical negligence.

What is the time limit to make a medical negligence claim?

Generally, you must start your claim within three years of the incident or from when you discovered the injury. For children, the three-year period begins when they turn 18. If the affected person lacks the capacity to make decisions, the limit starts when they regain that capacity. Claims under the Human Rights Act must be made within one year. Acting quickly is advisable to ensure evidence and witness recollections are preserved.

What other personal injury claims can CEL Solicitors help with?

We handle a wide range of personal injury and medical negligence claims, including accidents abroad, cruise ship illness and accidents, cosmetic surgery, surgical error, misdiagnosis, medication error, and birth injury. If you’re not sure whether your situation qualifies, get in touch and we’ll let you know.

Who will handle my claim?

Your case will be handled by our litigation team, made up of qualified solicitors, trainee solicitors and paralegals.

How long do medical negligence claims take?

It’s complicated, and every claim is different. Medical negligence claims often take longer than other injury claims, because we need expert medical evidence to show what went wrong and how it affected you. For claims against the NHS, the National Audit Office found it takes around 1.7 years on average from when a claim is made to when it’s resolved. More complex claims, such as serious birth injuries, can take longer. We’ll keep you updated at every stage.