Medical Negligence Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 23rd May, 2024

What is a Medical Negligence Claim?


A medical negligence claim occurs when a patient takes legal action against a healthcare professional as they believe the standard of care fell below the accepted standard and this led to further harm. The aim of a medical negligence claim is to secure financial compensation for the suffering that was caused. Working with a medical negligence solicitor, the patient will collect any evidence to prove that medical negligence occurred with the hope of securing compensation.
Medical negligence is substandard care provided by a healthcare professional that directly causes harm to a patient. The care must have fallen below what is reasonable for a healthcare professional under those circumstances, and is usually assessed by an independent expert in the field. Medical Negligence can happen in a number of ways. The patient could be misdiagnosed, or could have been victim to mistakes during surgery. They might have received incorrect treatment, aggravating their existing condition. When medical negligence results in unnecessary suffering and causes further injury or distress for you or your loved ones, you may be entitled to seek compensation.

Negligence can take place at any point whilst receiving medical attention, from an initial GP visit, to surgery and aftercare. This can happen in a number of ways; including misdiagnosis, mistakes made during surgery or being given the incorrect treatment. When medical malpractice results in unnecessary suffering and consequences for you or your loved ones, you may be entitled to make a medical negligence claim.

All medical professionals have a duty of care towards their patients, and when that duty of care is breached – the medical body in question should be held to account. Processing a medical negligence claim can also help prevent the same mistake from happening again; as this forces a thorough investigation to be organised and the mistake is subsequently examined and reported.

 

How do I make a medical negligence claim?

Our expert team of medical negligence solicitors will support you throughout the process of making a medical negligence claim, providing guidance and empathy during what can be a difficult time.To make a medical negligence claim:

  • Contact us – the process of claiming against a medical professional or healthcare organisation begins with speaking to an experienced specialist about your situation.
  • We will assess your case – our team of expert medical negligence solicitors can assess your case over the phone for free to determine whether you have a claim for medical malpractice. First, we’ll collect details about the treatment you received to allow the best possible understanding of the care you received and how it has impacted your life, so that we can ensure you receive the right amount of compensation to cover your current and future needs.
  • Collect evidence – we will collect all of the necessary information to prove that you suffered from medical negligence.
  • Negotiate and receive compensation – we will negotiate your case for you and if it is successful, you will receive the compensation for your medical negligence claim.
The process of claiming against a medical professional or healthcare organisation begins with speaking to an experienced specialist about your situation. Our team of expert medical negligence solicitors can assess your case over the phone for free to determine whether you have a claim for medical malpractice. First, we’ll collect details about the treatment you received to allow the best possible understanding of the care you received and how it has impacted your life, so that we can ensure that you receive the right amount of compensation to cover your current and future needs.

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How long can a medical negligence case take?

The length of time a medical negligence case takes will depend on the severity of the injury and the details of the specific medical negligence. Straightforward cases may be completed within months, averaging between 12-18 months, whereas more complicated cases of medical malpractice could take a year or more. Your case handler will be in touch with you to regularly update you on the progress of your claim. 

Once your medical negligence claim has been accepted, the next stage is to prepare for the case by obtaining medical records and relevant documentation related to the care you received, as well as a detailed statement. Getting an expert opinion is often also necessary to confirm breach of duty and the subsequent harm that you endured. The process of this can therefore take some time. 

Read more on how long a medical negligence claim can take.

 

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How it works:

STEP 1 – INITIAL ENQUIRY

Contact us, free of charge. Chat to our team of experts who are fully trained to ask the right questions, so that our legal teams can quickly advise if you have a case.

STEP 2 – CASE ACCEPTANCE

Our specialist medical negligence solicitors assess your case and get back to you quickly with a decision.

STEP 3 – MEDICAL RECORDS

If your case is accepted, our legal team will request all of your medical records.

STEP 4 – MEDICAL EVIDENCE

Medical evidence will be obtained to confirm that the treatment you received was negligent and that this treatment caused an injury or contributed to making an existing condition worse.

STEP 5 – NEGOTIATION

Once supportive medical evidence has been obtained a claim will be submitted to the defendant and they will be invited to admit fault. We will then negotiate with the defendant to obtain a suitable award of compensation so that you can get back to a similar situation as you were in before the negligent treatment occurred.

STEP 6 – COMPENSATION

It is often difficult for any amount of compensation to fully compensate for pain and suffering. Compensation can, however, allow you to live a life as normal as possible. You could be awarded financial aid for all out of pocket expenses, loss of earnings, and any potential private treatment costs to put things right. It also covers rehabilitation costs and compensation for your injuries and the impact they have had on your day-to-day life.

 

No Win No Fee medical negligence claims

At Patient Claim Line, we believe that everyone should have the right to seek fair compensation and get the justice that they deserve, without being deterred by financial worries during an already distressing time. That’s why we will never ask you for an upfront payment, so you can focus on recovery without the pressure of paying for our service out of your own pocket.

All medical negligence claims are handled on a no win no fee basis. This is basically a legal agreement that makes it easier to pursue financial compensation for medical negligence, no matter what your personal financial status. This arrangement means that if your case is unsuccessful, and you have cooperated fully during the process, you won’t have to pay a penny for your legal representation.

 

How is my medical negligence compensation worked out?

The type of financial compensation granted for your medical negligence claim will differ from case to case, but broadly can be split into two categories. The first is general damages, which compensate for the pain and suffering that you have endured due to an error from a healthcare professional. This will be based on the severity of your injury or illness, and how much the medical negligence has affected your life.

You may also be entitled to special damage compensation, which reimburses any out of pocket losses which were a result of the negligent care you received. It also covers any future losses that may occur due to your injury or illness. This could include:

  • Loss of earnings
  • Medication costs
  • Private treatment
  • Rehabilitation costs
  • Travel expenses
  • Medical equipment

 

How much compensation could I be entitled to?

Compensation for medical malpractice will depend on your individual case. Our medical negligence lawyers will assess your claim and through due process come to an agreement on the amount of compensation you will receive. Outstanding compensation figures for the NHS stand at over £80 billion. For more information on how compensation figures are calculated read our guide to compensation calculators.

 

Medical Negligence Solicitors 

At Patient Claim Line, we have over 100 specialist medical negligence solicitors who have successfully helped individuals claim for medical negligence. Our expert solicitors have over 400 years experience combined and they can provide you with professional guidance throughout your medical negligence claim. 

Contact our medical negligence solicitors today for a free conversation to help you understand your medical negligence claim and whether or not you could claim.

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Medical Negligence Claims FAQ's

If you are unsure if you have suffered medical negligence, the easiest way to find out is through our 10 Second Claim Test. Our specialist team will assess your information and let you know if you are eligible to make a medical negligence claim. It can be difficult to understand your rights without the help of an expert, and often the medical team will not admit fault for the distress or injury caused. We will investigate the evidence on your behalf, and help you to assess if you have a medical negligence case.

To make a medical negligence claim, simply take our 10 Second Claim Test. Once we have your information, our expert medical negligence team will assess your information and let you know if you have a case or not. We always let you know either way and we always explain our reasoning. All the paperwork and investigation is handled at our side, and once you have given us the important dates and facts relating to your case, the rest is taken care of by our team.

To make a medical negligence claim, it is important to seek legal advice within three years of the negligent treatment taking place, or within three years of first becoming aware of the negligent treatment. In cases involving a minor (anyone under 18), the legal case must be pursued within three years from the date of their 18th birthday. In cases where the injured patient lacks mental capacity, either prior to or as a result of the negligence, there can be no time limit set. This is important to ensure that key dates and appointments can be recalled in detail, and we are unable to investigate your claim following the expiry of this three year window

There are many types of medical negligence that may warrant a claim, including;

  • Misdiagnosis or delayed diagnosis
  • Negligent cosmetic procedures
  • Mistakes during dental
  • Care home negligence
  • Pressure sore claims
  • Incorrect surgery
  • Birth injuries

Medical negligence is a complex area of the law, so seeking advice from a specialist solicitor will help you to understand your rights before pursuing a claim.

Processing a medical negligence claim can take on average between 12-18 months for a straightforward case, but can take much longer for more complex cases. Your case handler will be in touch with you regularly to update you on the progress of your claim. It is important to pursue your claim within three years of the negligent treatment taking place.

Meet our medical negligence team

Adrian Denson

Adrian Denson
Chief Legal Officer

Peter Rigby

Peter Rigby
Director of Medical Negligence

Christian Beadell

Christian Beadell
Partner, Head of Strategy and Legal Operations

Francesca Paul

Francesca Paul
Associate Solicitor

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