In this article experienced Chartered Legal Executive, Ronke Bain, answers the common questions about clinical negligence claims.
What is clinical negligence, and does it differ from medical negligence?
Clinical negligence occurs when a healthcare professional provides substandard care that directly causes harm to a patient. This can include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes or inadequate aftercare. Clinical and medical negligence are often used interchangeably and there is no meaningful difference.
How do I know if I have a valid clinical negligence claim?
To have a valid claim, you must be able to demonstrate that the healthcare provider owed you a duty of care, breached this duty through their actions or omissions, and that this breach caused you harm. Consulting with a legal professional who specialises in clinical negligence can help assess the strength of your case.
What evidence do I need to support my claim?
Essential evidence includes medical records, witness statements, and expert medical opinions. Detailed documentation of your health condition before and after the alleged negligence is crucial. In medical negligence compensation claims, your legal team will be able to secure your medical records and seek independent expert opinions on your treatment.
How long do I have to file a clinical negligence claim?
In most jurisdictions, you must file a claim within three years from the date of the negligent act or from when you first became aware of the injury. There are exceptions for minors and individuals with certain disabilities, so it is worth checking with a lawyer if you have any doubts.
What compensation can I receive from a successful claim?
Compensation can cover medical expenses, lost earnings, pain and suffering, and any necessary future costs associated with required care, treatment, home adaptation, equipment and rehabilitation costs. The amount varies based on the severity of the harm and its impact on your life. In fatal cases, dependents can claim compensation for the loss of financial support, other support such as childcare or household duties, and for loss of any other benefits such as pension rights.
What does making a medical negligence compensation claim cost?
There are many different funding options available, and many legal firms will offer representation on a no win, no fee basis, as we do at Hudgell Solicitors.
This means you will only pay an agreed percentage of the compensation you are awarded if your case is successful.
However, that percentage is not the same at all firms- so you need to look out in the terms for details around success fees.
At Hudgells we’ll cap your contribution at a percentage of the compensation you receive, and this percentage will be agreed upon before we start working on your case.
It is also worth noting that some solicitors may charge for evaluating your case, at Hudgell Solicitors, we always offer a free initial consultation to assess your claim.
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The misconceptions about clinical negligence claims
Clinical negligence claims are just about getting money.
While compensation is a critical aspect, many claimants also seek accountability and improvements in medical practice to prevent similar incidents in the future. For many, receiving a full explanation of what went wrong, and an apology, is often a driving factor.
The aim is often to highlight systemic issues and drive positive change to better protect other patients.
Only severe cases of negligence are worth pursuing.
Negligence can vary in severity, but even seemingly minor errors can have significant long-term impacts on a patient’s health and wellbeing, and have a significant impact on their ability to earn and quality of life.
Each case is unique, and it’s worth discussing with a lawyer to understand its merits.
Pursuing a claim will ruin a doctor’s career.
Most claims are settled through insurance, and while they can highlight areas needing improvement, they do not necessarily end a healthcare provider’s career.
Often the errors are down to collective failings, and breakdowns in communication, and result in learnings being shared, and policies and procedures being updated, to prevent similar incidents happening again
The process aims to address and rectify errors, not punish individuals unfairly.
Indeed, under the Duty of Candour, NHS Trusts and staff have a duty to highlight potential serious errors which have been made.
The legal process is too complicated and not worth the effort.
While the legal process can be complex, specialised clinical negligence lawyers are equipped to guide you through every step, making the process more manageable and less intimidating.
At Hudgell Solicitors our team has decades of experience and we know how important it is to cut through the legal jargon and speak directly about the case, keeping you updated at key stages and ensuring you understand the key information.
The vast majority of medical negligence claims are settled out of court.
You need immediate and obvious evidence of harm to make a claim.
Some effects of clinical negligence, such as misdiagnosis, may not be immediately apparent, whereas others, such as the miss of a fracture on scan, are quite obvious.
If you suspect negligence has occurred, it’s important to seek legal advice promptly, even if the full extent of harm is not yet known.
Advice for people considering making a Clinical Negligence Claim
Keep detailed records.
Document all medical treatments, consultations, and communications with healthcare providers. Keep a journal of your symptoms, pain levels, and how the negligence has affected your daily life.
If you’ve not done this don’t worry, as we can still request your full medical records and details of all appointments and treatments. It is just helpful if you have your own records to challenge those of a Trust if required.
Seek specialist legal advice.
Clinical negligence is a complex field requiring specialised knowledge. Choose a lawyer with experience and a proven track record in handling clinical negligence cases to improve your chances of a successful outcome.
Be prepared for an emotional journey.
Pursuing a claim can be emotionally taxing, as it involves revisiting traumatic medical experiences. If possible, ensure you have a support system in place, particularly friends and family who you can discuss matters with.
Our team are recognised for having a sympathetic and understanding approach when handling medical negligence claims, and will always support you through the process.
Focus on recovery.
While the legal process unfolds, prioritise your health and well-being. Follow medical advice, attend all necessary appointments, and take steps to aid your recovery.
Understanding the nuances of clinical negligence and following practical advice can empower potential claimants to navigate the legal landscape effectively.
If you suspect you’ve been a victim of clinical negligence, seeking professional legal advice is a crucial first step towards achieving justice and compensation.
