YOU MAY HAVE A CLAIM FOR COMPENSATIONMedical Negligence ClaimsIf you have suffered a medical injury caused by negligence, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed. Start claim Home E Personal Injury E Medical NegligenceOverview of medical negligence claimsMedical negligence claims are made when a patient suffers harm or injury due to the negligence of a healthcare provider. This can include doctors, nurses, dentists, pharmacists and other healthcare professionals. The harm or injury can be physical, psychological, or both. Patients who have suffered harm or injury as a result of medical negligence may be entitled to compensation.In this section› Medical Negligence Claims› Claim overview› The criteria needed to qualify› The legal argument for the claim› The evidence you need› A guide to compensation amounts› Claim duration› Common questionsWhat criteria are needed to qualify for a medical negligence claim?To qualify for a medical negligence claim certain criteria must be met. Firstly, it must be established that the healthcare provider had a duty of care to the patient. This means that the healthcare provider had a responsibility to provide the patient with a certain standard of care.Secondly, it must be shown that the healthcare provider breached this duty of care. This means that the healthcare provider failed to provide the patient with the appropriate standard of care. Thirdly, it must be demonstrated that the breach of duty caused the patient harm or injury.Did you know?You could receive general damages (awarded for your pain or suffering) or special damages (to cover financial losses and expenses caused by your injury).What is the legal argument for a medical negligence claim?In a medical negligence claim, the legal argument is that the healthcare provider breached their duty of care to the patient, which caused harm or injury. The healthcare provider’s breach of duty is often referred to as a “breach of standard of care” . The standard of care refers to the level of care that a reasonable healthcare provider with similar training and experience would have provided under similar circumstances.Key FactsIn 2020/21, there were 12,629 clinical claims made against the NHS.What evidence is needed to support a medical negligence claim? To support a medical negligence claim, evidence is needed to demonstrate that the healthcare provider breached their duty of care and that this breach caused harm or injury to the patient. This can include medical records, expert witness reports, and witness statements. The evidence must be sufficient to establish a breach of duty and causation.Did you know?You have three years to make a claim for medical negligence, so make sure to get your claim started as soon as possible.How much compensation could you get from a medical negligence claim?The amount of compensation you can receive for a medical negligence claim depends on the severity of the injury or illness, the impact it has had on your life, and the financial losses you have incurred. Compensation for medical negligence claims can include:General damagescompensation for pain and suffering, loss of amenities and the impact on your quality of life.Special damagescompensation for financial losses, such as loss of earnings, the cost of care and medical treatment and travel expenses.Key Facts86.7% of claims against the NHS are successful in reaching a settlement.Future lossescompensation for any ongoing losses or expenses you are likely to incur as a result of your injury or illness, such as future medical treatment or adaptations to your home.The amount of compensation you can receive for a medical negligence claim can vary greatly. For example, a claim for a minor injury, such as a broken bone, may result in compensation of a few thousand pounds, while a claim for a more severe injury, such as brain damage, may result in compensation of several hundred thousand pounds or more.How long do medical negligence claims take? The length of time a medical negligence claim takes to settle depends on a number of factors, including the complexity of the case and the willingness of the other party to negotiate a settlement. In general, medical negligence claims can take anywhere from several months to several years to settle. In the early stages of a medical negligence claim, your solicitor will obtain medical records and other relevant information to assess the strength of your claim. They may also obtain a medical report from an independent expert to assess the extent of your injuries and the likely prognosis. Once this information has been gathered, your solicitor will send a letter of claim to the healthcare provider, setting out the details of your claim and the amount of compensation you are seeking. The healthcare provider will then have a fixed amount of time, usually four months, to respond to the letter of claim. They may admit liability and make an offer of compensation, or they may deny liability and defend the claim. If liability is denied, your solicitor may need to issue court proceedings and take the case to trial.Overview of the claim processThe process for medical negligence claims can be complex and usually involves a number of stages. If you need help finding a solicitor or legal representative that can help you make a strong claim, get in touch with Claims Bible today.The claims process usually includes:Gathering evidenceYour solicitor will obtain medical records and other relevant information to assess the strength of your claim.Sending a letter of claimYour solicitor will send a letter of claim to the healthcare provider, setting out the details of your claim and the amount of compensation you are seeking.Responding to the letter of claimThe healthcare provider will have a fixed amount of time to respond to the letter of claim, admitting or denying liability.Negotiating a settlementiI liability is admitted, your solicitor will negotiate a settlement with the healthcare provider. If liability is denied, your solicitor may need to issue court proceedings instead.Common questionsWhat is medical negligence?Medical negligence occurs when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide appropriate care to a patient, resulting in harm or injury. This can include errors in diagnosis, treatment, medication, surgery, or failure to provide timely care.How do I make a medical negligence claim? To make a medical negligence claim, you must prove that the healthcare professional or institution failed to provide the expected standard of care and that this failure caused your injury or harm. You will need to gather evidence such as medical records, witness statements, and expert opinions. It’s recommended to seek legal advice from a solicitor specialising in medical negligence claims who can guide you through the process.For more common questions, please refer to the specific claim pages or read our general FAQs page.Choose claimChoose from the different claims below. You can either visit the page to read more about the claim or submit your claim straight away.Facelift Surgery Claim compensation if you have been involved in facelift surgery that went wrong and left you injured. Start claimBirth Injury Claim compensation if you have been injured in childbirth as a result of negligence. Start claimNHS Negligence Claim compensation if you have been injured by a procedure on the NHS that you believe was negligent. Start claim
