Medical Negligence Guide

Reviewed by
Peter Rigby, Director of Medical Neglience

Everything you need to know about making a medical negligence claim 

When you first look into making a medical negligence claim, you may be overwhelmed with the information available online. To help you, we have pulled together everything you need to know into this handy medical negligence guide. Here, we explain and provide resources on the process of making a claim, the benefits of working with a qualified team, and the types of medical negligence claims we cover.

At Patient Claim Line, we have an established team of specialist medical negligence lawyers, all with various specialisms across the negligence sector. When we take on your case, you will be assigned a solicitor with extensive experience in the specific area of medical negligence your claim falls into. Whether that be a dental claim, misdiagnosis, negligent surgery or orthopaedic cases.

If there’s anything you think we haven’t covered or you have additional questions, give us a call on 0330 107 5326 to speak to a specialist advisor.

 

What Is The Process Of Making A Medical Negligence Claim?


How Do You Prove Medical Negligence?

When making a medical negligence claim, you will have to prove that negligence took place. In order to make a successful claim, you will need to prove the following:

– The medical professional treating you breached their duty of care
– You suffered harm because of that duty of care

When proving negligence, you will likely need to gather evidence, this can include medical records, statements, and expert witnesses reports. When making a medical negligence claim, a solicitor can help you to understand what evidence will be needed in order to prove that medical negligence did occur, working with a solicitor will ensure that they can successfully fight for your case as they will have all of the necessary evidence. Speaking with our specialist medical negligence solicitors will help you determine what evidence will be needed to prove your medical negligence claim.  

To find out more information about proving medical negligence, you can read our guide here.

How Long Does A Medical Negligence Claim Take?

A medical negligence claim can take anywhere between a number of months, or several years to settle, depending on the severity of the case.  The circumstances and complexity of the case will determine the complexity of litigation required – which all takes time.

However, once we have taken on your negligence claim, one thing you can be assured of is that you’re in good hands. Whatever your circumstances, we will work effectively to secure the justice you deserve. It is important that your case is thoroughly assessed, and some cases will take longer to ensure you get the full compensation that you deserve.

We have examined how long a medical negligence claim takes, using real case examples settled by our expert team to help you understand how long medical negligence claims can take.

 

How Much Do You Get For A Medical Negligence Claim?

The amount of compensation you receive will depend on your case, when determining the amount of compensation, various factors will be taken into consideration. The final amount of financial compensation will depend on the harm caused by medical negligence, the impact on the patient’s life, and any expenses that the patient has incurred as a result of the negligence.

At Patient Claim Line, we work hard to ensure you receive the maximum amount of compensation for your suffering so that all of your financial losses are covered, and you are compensated for non-financial damages such as pain and suffering and emotional distress.

We have worked on thousands of medical negligence cases with varying amounts from £1,000 all the way up to £15,000,000. To find out more about how much compensation you could receive for the medical negligence that you suffered, get in rough with our medical negligence specialists today.

 

Who Pays Medical Negligence Compensation?

If you have been successful with your medical negligence claim, you will receive compensation to compensate from the suffering caused. When you receive this compensation, where the money is paid from will depend on who the claim was made against.

If you are making a claim against a medical professional who works for the NHS, or any NHS trust, the compensation will be paid by the NHS Resolution. The NHS Resolution will provide expertise to the NHS on resolving concerns and disputes fairly and they are responsible for paying any compensation on behalf of the NHS.

If you are making a claim against a private medical professional or practice, the responsibility will lie with that individual or practice. It is the responsibility of any private practice to arrange their own medical indemnity insurance, then when a compensation claim needs to be paid, the insurance company will cover the cost that is owed to the patient.

 

What Are Some Examples Of Medical Negligence?

Medical negligence can occur in many different forms, some examples of medical negligence include:

Misdiagnosis of a medical condition
Errors made during surgery that were avoidable
Prescribing the incorrect medication
– Worsening of a condition due to improper of negligent treatment

Medical negligence can occur during any stage of receiving treatment and below are some examples of medical negligence occurring:

A woman received £275,000 after a negligent surgery which forced her into early retirement
A man received £300,00 after a delayed diagnosis of retinal detachment which led to a worsening of his loss of vision

If you believe that you have suffered from medical negligence of any form, you may be able to make a claim and be awarded compensation for your suffering.

 

Will A Medical Negligence Claim Affect My Future Treatment?

If you are planning to make a medical negligence claim, this should not affect any future medical treatment that you receive. All healthcare professionals have a duty of care to provide healthcare to anyone and making a medical negligence claim should not change this. Additionally, it is well within your rights to make a claim when seeking justice for substandard care that you have received when seeking medical attention.

 

Other Useful Information For Making A Medical Negligence Claim

Making a medical negligence claim can be a very complex process, and it is important to have all of the necessary information. This guide provides you with information that is needed, but if you require any additional information, you can see additional guides here:

10 things to know about medical negligence claims
The 4 D’s of medical negligence
Medical Negligence law and ethics
Medical Negligence mythbusting
Family support pack for families affected by medical negligence
Medical Negligence Review 2022

 

Why Patient Claim Line?

Patient Claim Line is a subdivision of Fletchers Solicitors; a specialist legal firm dealing in medical negligence cases. Our expert team consists of more than 100 lawyers, with a combined experience of over 400 years. We have successfully settled cases across a number of different specialisms, which means that when we take on your case, you will be assigned a solicitor with extensive experience in the type of negligence you have been subjected to.

We have successfully settled cases in a variety of areas including the following:

Orthopaedic surgery mistakes
Dental negligence cases
Misdiagnosis & delayed diagnosis
Avoidable pressure sores
Pregnancy and birth injuries
Cosmetic surgery cases
Vaginal mesh and other gynaecological issues
GP negligence
Hospital negligence
A&E negligence

When your case is accepted, our expert solicitors will handle all of the paperwork for you. We will source your medical records and work with you to gather evidence that the negligence took place. We build solid relationships with our clients and ensure regular contact throughout the claims process, to help you understand exactly where your claim is up to at every point. Processing a medical negligence claim can be a daunting experience, but at Patient Claim Line, we take care to explain everything carefully to you – without the legal jargon – so that you are fully informed at all times.

Frequently asked questions about NHS Negligence Payouts

Our expert legal team answer your questions about making an NHS medical negligence claim

Case Study

Sarah's Story

"Now we have peace of mind"

My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.

In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.

He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.