Doctors and healthcare professionals have a duty of care to their patients and must act with a reasonable level of skill and care to avoid causing avoidable harm to patients.
Medical negligence (also known as clinical negligence) occurs when a patient receives medical treatment which is below this reasonable standard of care and suffers harm as a result.
Tragically, medical negligence can result in life-changing injuries, which the patient is left coping with for the rest of their life, and in some cases, the outcome can be fatal.
Arrange a call back
What is a medical negligence claim?
Medical negligence claims seek to compensate patients who have suffered injury due to negligent treatment by doctors, nurses and other healthcare professionals. This can be when a delayed diagnosis or misdiagnosis occurs and results in treatment being delayed or incorrect treatment being provided; or when negligent mistakes are made during surgery, childbirth, pregnancy or any medical procedures or treatment.
A medical negligence compensation claim sets out to establish two main things:
- That a health professional provided care or treatment that was below a reasonable standard.
- That injury or harm was caused as a result.
These are the two most important aspects to establish liability and succeed with a medical negligence claim, and medical negligence solicitors are able to instruct independent medical experts to support any allegations of negligence, which can be done on a no-win, no-fee basis.
Some of the following key areas highlight a lawyer or solicitor’s approach in determining a medical claim.
Breach of duty of care
A breach of duty of care occurs when healthcare professionals fail to meet a reasonable standard of care by either making a negligent error or failing to provide necessary treatment, leading to avoidable patient harm. Medical negligence can involve errors and delays in diagnosis, treatment, surgery, or patient management.
When this occurs, patients have the legal right to bring a medical negligence claim against the NHS hospital or healthcare provider.
Medical negligence causation
It is also necessary to prove that the breach of duty caused harm or injury to the patient, which is not always straightforward if there is a pre-existing condition or injury that may have worsened or resulted in long-term injury or disability in any event.
However, our clinical negligence team is adept at investigating causation with the assistance of a wide range of senior doctors from all specialisms, with whom we instruct on a regular basis and have a good working relationship.
In circumstances where both breach of duty and causation are established, we can proceed with a medical negligence claim against the NHS Trust or other healthcare provider.
Damages for medical harm
In a successful medical negligence claim, damages are awarded to compensate for the injuries and losses suffered from medical harm. The damages are based upon the type and extent of the injuries or harm caused, and the resulting financial losses and expenses. As well as compensation for pain, suffering and any long-term injuries caused, damages may also cover:
- Travel expenses.
- Medical expenses.
- Loss of earnings.
- Care.
- Aids and Equipment.
- Accommodation Costs.
- Statutory Bereavement Award.
- Funeral expenses.
- Sundry expenses.
- If there are any future or ongoing losses, these can also be included in the claim.
Types of medical negligence
Amputation
Amputation claims support those who have undergone an amputation due to medical negligence resulting from substandard medical care resulting in the unnecessary loss of a limb, or for negligence during or after an amputation procedure causing additional harm.
Birth injury & traumatic birth
Birth injury & traumatic birth claims cover a wide range of injuries to newborns or mothers during pregnancy, labour, or delivery due to substandard medical care from healthcare professionals. Sadly, these injuries result from mistakes, mismanagement, or failure to provide the appropriate level of care during the birth process in private or NHS hospitals. In some instances, this can also lead to maternity inquiries.
Cancer
Cancer-related medical negligence refers to a situation where a patient received substandard care in diagnosing, treating, or managing a patient’s cancer, resulting in harm or a worsening of the condition. These errors or delays in cancer diagnosis or treatment lead to avoidable suffering, progression of the disease, or even premature death.
Read the story of Eileen Peacock. A hospital trust admitted its errors led to a 14-month delay in diagnosing a patient’s lung cancer – causing her to have less precious time left with her loved ones.
- Delayed cancer diagnosis.
- Cancer misdiagnosis.
- Overprescription or overmedication (i.e. chemotherapy overtreatment).
Cardiology
Cardiology claims under medical negligence refer to substandard care in diagnosing, treating, or managing heart-related conditions, resulting in harm or injury to the patient. Cardiology negligence can include errors or delays that impact a claimant’s heart condition, resulting in avoidable suffering, long-term damage, or even death.
Fatal claims
Fatal claims due to medical negligence involve legal actions brought by the family or dependents of a deceased person who died from substandard medical care. These claims seek compensation for the loss of life caused by a healthcare provider’s failure through misdiagnosis, delayed treatment, or errors during medical procedures.
A claimant can also receive a statutory bereavement award which is paid in addition to any fatal accident or injury dependency calculations.
If the deceased was your husband, wife or civil partner, or a child was under 18 years of age on the date of the death, a fixed sum of £15,120 is awarded.
Surgical errors
Surgical errors from clinical negligence are mistakes made by healthcare professionals during surgery that fall below the acceptable standard of care, leading to harm or injury to the patient. These surgical errors cause unnecessary complications, prolonged recovery, additional surgeries, and in some circumstances, death.
How long does a medical negligence claim take?
Each claim is unique to an individual requiring adequate time to calculate the true impact of the negligence suffered.
The length of time a claim takes will depend on factors such as how many expert medical specialisms need to be instructed, whether liability is admitted at an early stage or whether court proceedings need to be issued.
As medical negligence experts, we can help you understand each step and how they affect the time involved in your compensation claim. Hudgell Solicitors can help minimise the stress of a claim, representing you on a no-win, no-fee basis.
Making a medical negligence claim
With decades of experience in succeeding in even the most complex of cases, we will help you find an explanation as to why and how the medical negligence happened, along with often an appropriate apology and assurances that steps have been taken to prevent it from happening again to someone else, as well as helping you make the best recovery possible. We will;
- Request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused your injury.
- Send a letter to your healthcare provider with details of your claim, setting out why we think your care was negligent and how this caused your injury.
- Obtain medical evidence on your current condition and future prognosis.
- Create a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Send all the evidence to your healthcare provider inviting their settlement proposals. If we cannot agree on a reasonable settlement, we will prepare court proceedings. (Medical negligence claims rarely need to go to court, and usually only do so in very complex cases.)
How long do you have to claim medical negligence?
- If aged 18 and over, you will typically have 3 years from the date that the negligence occurred or from the date that you became aware of negligent treatment.
- For under-18s, the standard 3-year claim period comes into effect once a child reaches 18.
Medical negligence cases
Hudgell Solicitors are leaders in the field of medical negligence, with decades of experience in handling cases, securing clinical negligence compensation settlements, and helping clients make the best possible recovery.
Our medical negligence cases show how we have helped our clients gain answers and supported them to have the best possible quality of life following their injuries.
If you believe you have suffered as a result of medical negligence, contact our friendly and empathetic team for free no-obligation impartial advice.
