• Home
  • |
  • Blog
  • |
  • A Really Simple Guide to The Medical Negligence Claims Process

March 9, 2020

A Really Simple Guide to The Medical Negligence Claims Process

The medical negligence claim process can help you with compensation to get your life back on track if you've been a victim of medical negligence. Medical negligence claims often end with a trial or a settlement, but there are a few stages you need to go through in order for your claim to be successful.

Natasha Batty

“All patients are owed a duty of care from their healthcare professional and to make a claim, it must be proved they have breached this duty when treating you.”


Natasha Batty

Can I make a medical negligence claim?

You should be entitled to claim compensation for medical negligence if you have suffered as a result of any medical procedure or advice. This could include rehabilitation, additional medical support or the means to provide for yourself and your family in terms of paying bills and the mortgage. 

The first step is proving that there has been clinical  or medical negligence. Your solicitor can help you with this.

In many medical negligence cases, this comes down to whether or not a more competent doctor would have done the same as the defendant. 

There's a three year time limit on making a medical negligence claim. The time limit starts from the date you were made aware of any damages caused. 

A second expert opinion is useful during your claim and you will be required to prove that the outcome of your treatment has made you worse than when the treatment began. 

You can't make a medical negligence claim just because you think someone did something wrong. You'll need to prove that you have suffered a loss as a result of your medical practitioner doing something wrong. 

Who can I make a medical negligence claim against?

Medical negligence claims are often made against the NHS or private doctors and medical practitioners, including surgeons, nurses or other medical staff.  If you feel you've been the victim of medical negligence, making a claim can help you to get your life back on track and cover the cost of any insurance, additional medical attention required, rehabilitation as a result of your experience and adjustments required to be made to your home. 

What does the medical negligence claims process involve?


Below is an example of some of the things your solicitor will help you to do with regards to a medical negligence case. 

1.

Review your medical records to determine whether additional medical experts are required.

2.

Prepare a report on your behalf detailing any issues with the standard of care that you were provided.

3.

A medical negligence solicitor can then write a letter detailing your claim and this is then sent to the defendant (the practitioner or party you are making the claim against.)

4.

You should be informed of the potential value of your claim as early as possible by your solicitor. 

5.

Your solicitor can issue court proceedings on your behalf and then manage the case in terms of the settlement or court trial should it be needed.

What are the common types of medical negligence claims?

Claims can include anything from birthing injuries to miss diagnosis of illnesses, as well as injuries caused by surgical error.  It could also include negligence by your GP including any prescription or medication errors that may occur leading to health consequences. If you are unsure, speak to Natasha today.

to arrange your free consultation

Medical Negligence Claims For Misdiagnosis

Misdiagnosis is when a condition is completely missed or when an incorrect diagnosis is made. In this case, failure to provide the correct treatment can carry potentially life-threatening risks.

Surgical Negligence Claims

Surgical negligence can include the wrong operation being performed or the operation being performed on the wrong part of the body, including;

  • Foreign objects being left in the body
  • Internal damage such as perforation
  • Cosmetic surgery causing scarring
  • Infection caused by poor hygiene

Clinical negligence can also occur in dentistry, find out more about medical negligence for dentistry.

How do I prove medical negligence?

You'll need to prove that a duty of care has been breached and that you've suffered physical injury, financial loss or mental stress as a result of dealing with a medical practitioner. 

It's also important to prove that your loss was down to medical negligence and not any other factors, such as underlying medical conditions. 

How much compensation will I get from my medical negligence claim?

Professional medical negligence claims can often result in apologies from the medical practitioner as well as any potential disciplinary action being taken.  You may also be entitled to compensation to help you with medical bills, fees, adjustments to your home and anything else that helps you live the life you were leading before the injury happened.

Compensation falls into two categories.

General & Special Damages

Compensation will fall into 2 categories including general damage and special damages.

General

  • Injuries & pain suffered 
  • Advice preventing you from living your normal life
  • Mental distress
  • Lower quality of life
  • Loss of companionship in cases such as wrongful death

Special

  • Past losses e.g. financial loss as a result of your injury
  • Future losses e.g. loss of potential income
  • Expenses for attending future medical appointments such as physiotherapy
  • Medication, aids and equipment

The seriousness of your injury or loss will determine the amount that you were awarded in general damages. In this case we recommend keeping a diary that documents any pain or issues you have on a day-to-day basis as results of your treatment.

Your medical compensation is designed to help you try and get back to where you were before the medical negligence occurred and should help to cover the costs of

  • medical appointments
  • equipment that you had to pay for as a result of your injury
  • any lost earnings while you are unable to work as a result of your injury
  • care given by family and friends
  • transport care
  • any therapy that may be required as well as rehabilitation to help improve your quality of life 
  • adjustments made to your house

Is there a medical negligence claim limit?

There is generally a limit of around 3 years from the date that you were first aware of your injuries or losses as a result of medical negligence. 

How can Natasha Hall Law help you to process your medical negligence claim?

We operate a no win no fee policy making this a risk-free way to fund your medical negligence claim.

We start with a free, no-obligation chat with you to discuss your concerns and if we think you have a claim we will explain to you the cost and potential amount of compensation. 

We will ask for your medical notes and begin contacting the defendant's insurance company and in instances where the defendant is denying liability we will be ready to issue court proceedings. 

We will work to try and get a settlement before the need to go to court and promise to provide you with full support throughout your claim.

to arrange your free consultation

Related Posts

How long does a personal injury claim take to go to court?

What is a conditional fee agreement?

How to make a dental negligence claim for compensation

No win no fee: how does it work?