medical negligence

Medical Negligence

Have you suffered as a result of poor medical advice or treatment? Get the compensation you deserve.

What is Medical Negligence?

Medical negligence or clinical negligence occurs when the care given by a healthcare professional falls below the expected standards. This covers any situations during which wrong, accidental, or substandard care is provided and in turn causes a patient injury or makes an existing condition worse.

All medical professionals have a duty of care towards their patients and should be held accountable when this duty of care is breached and could have negative effects on your health. Bringing a medical negligence claim can help to prevent the same mistake from happening again.

What could my medical negligence claim be worth?

According to the National Health Service Litigation Authority, the average pay-out in the UK is £50,000.

However, all medical negligence cases are different and the amount of compensation you could receive depends on different factors such as physical damage you’ve suffered, as well as, special damages such as psychological damage, loss of earnings, time is taken off work, and any changes to your life.

The Judicial College Guidelines can give us an idea of pay-outs for specific injuries such as:

  • Injuries to internal organs could be as high as £146,000
  • Injuries that paralyse all or part of the body can range from £39,000 to £322,000
  • Injuries resulting in brain damage or sensory loss could be as high as £322,000

What type of medical negligence can I claim for?

Many types of medical negligence could be the reason to bring a medical negligence claim, these can include:

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

What are the time limits for making claim?

In most cases, you will have either three years from the date of your injury or three years from the date that you found out that you had suffered medical negligence, to make a claim.

However, some exceptions are made to this, these can include:

  • If the medical negligence claim involves a child, then you can claim on their behalf anytime up until their 18th After that date, they will have three years to make a claim themselves.
  • If you or the person you’re claiming for is ‘mentally incapacitated’ – that is, unable to claim for reasons such as brain damage, then there is no time limit.

Contact our solicitors now!

Contact us now. Solicitors On Your Side can offer you free advice and consultations.

Contact us today by phoning 0330 912 2124, emailing [email protected], or by using our website by filling out an online form.

If you would like to find out more about recent law changes and news, make sure to visit our Latest Articles page. Our latest articles also cover a range of other topics, such as; motoring offences, personal injury claims, medical negligence claims, occupier’s liability and more.

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Medical Negligence FAQ's

  • Will I need to go to court?

    It’s very unlikely that you will need to go to court for your claim.

    If your case does go all the way to court, On Your Side will do all they can to ensure that you do not need to attend court yourself, our solicitors will endeavour to represent you outside of court.

    As a last resort, if your claim is disputed, you may have to attend court. You will be required to provide evidence of your injuries, any financial losses, and your own account of the accident.

  • Will I need a medical exam?

    As part of your claim, you will be required to have a medical assessment so that your injuries can be fully assessed by a medical professional.

    This medical exam will help us to claim the maximum compensation for you. Doctors will need to examine you to determine how your injury has affected your overall health, or impacted any existing conditions. If you do not claim until after you have healed, you will still need a medical report.

  • How much will my claim cost me?

    The majority of our clinical negligence claims are no win, no fee, which means you’ll only pay if you win. If you don’t qualify, you may be able to use Legal Aid.

  • How long will my claim take?

    Medical negligence claims take on average between 12-18 months for a straightforward case, however, can take much longer for more complex cases.

    Throughout your case, your solicitor keeps you updated regularly on any key updates and progress of your claim.

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