We understand that embarking on a medical negligence claim against a professional can be daunting. Read our FAQ’s prepared by specialist Hannah Goodman to answer some of the questions that you might have.
What is medical/clinical Negligence?
Medical negligence is substandard care that has been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse.
What do you have to prove for medical negligence?
For a medical negligence claim to succeed, duty, breach, and causation needs to be established.
How long after medical negligence can you claim?
The time limit to make a claim is known as a limitation period and lasts three years.
Can I sue the NHS?
It is your legal right to sue the NHS for medical malpractice and negligence.
Do medical negligence claims go to court?
Most medical negligence cases are resolved without going to Court. The court strongly encourages early settlement cases and there are plenty of opportunities to negotiate settlement of your medical negligence claim.
Brain injury
How much compensation can you claim for a traumatic brain injury?
Because the range of head injuries is so extensive, the amount of compensation that is awarded can also vary extensively. While a minor head injury claim is worth between £1,000 and £10,000, in cases of traumatic brain injury, individuals can receive much more.
What qualifies as brain damage?
The brain can be damaged in many ways and levels of severity. The basic definition of brain damage is an injury to the brain caused by various conditions such as head trauma, inadequate oxygen supply, infections, or functional abnormality.
Cancer claims
Do you get compensation for cancer?
You should be entitled to claim compensation for a delayed cancer diagnosis if you can prove that the standard of care provided by your treating medical practitioners fell below an acceptable standard and that this failure caused additional harm and a worse medical outcome.
Consent
What is consent negligence?
These types of claims are known as informed consent claims and are brought in the tort of negligence. The claim is not that the medical professional was negligent in carrying out the treatment but that they were negligent in advising the patient about the risks.
What are the consequences of breaches of informed consent?
Informed consent is a legal requirement for any medical treatment and is reinforced by professional guidelines. Treating you without valid consent may be considered as an assault or battery and can give rise to criminal or civil proceedings.
Can I make a claim if I signed the consent form?
Consent is often wrongly equated with a patient’s signature on a consent form. A signature on a form is evidence that the patient has given consent but is not proof of valid consent.
Delayed Diagnosis
Can I sue for a late diagnosis?
If you become aware that you have a condition that you believe could have been diagnosed at an earlier stage and as a result, you have suffered harm, you may be able to make a delayed diagnosis compensation claim.
What is classed as delayed diagnosis?
Delayed diagnosis, also known as late diagnosis, refers to when a patient’s condition is initially missed by a medical professional, only diagnosing the condition or illness at a more advanced stage. This can prolong the recovery period or reduce the patient’s life expectancy in more serious cases.
Cosmetic surgery claims
Can you sue someone for cosmetic surgery?
You can make a cosmetic surgery clinical negligence claim for any type of cosmetic procedure.
Can I sue a private surgeon?
You can make a claim against a private surgeon or the NHS.
Hospital infection
What is a hospital-acquired infection?
Hospital-acquired infections are acquired in healthcare settings by patients admitted for reasons unrelated to the infection, or not previously infected when admitted to the facility.
What hospital-acquired infections are the most common?
Respiratory tract infections (Pneumonia), Surgical site infections, sepsis, clostridium difficile infections and urinary tract infections are the most common hospital-acquired infections. If you have lost a loved one because of a hospital-acquired infection, you can make a medical negligence claim for wrongful death.
Is infection medical negligence?
In general, a post-operative infection is not a sign of medical negligence. However, a failure to properly dress and maintain a surgical wound or a delay in diagnosis and treating an infection is.
Are hospitals responsible for hospital acquired infections?
A hospital and hospital administrators may be held directly liable for not introducing or implementing best practice infection control measures, resulting in harm to patients. The hospital may also be held vicariously liable where patients have been harmed because hospital staff negligently or intentionally failed to comply with the infection control measures that have been implemented by the hospital, during the course and scope of their employment.
Maternity Claims
How long after birth can you claim negligence?
You generally have three years from the date of a birth injury to make a claim. However, if you are claiming for a child, you have up until their 21st birthday to make a claim.
Can I sue NHS for a traumatic birth?
If you suffered a traumatic experience during childbirth which has led to post traumatic stress disorder (PTSD), you might have a claim for compensation if it was due to medical negligence.
Fatal Accidents
What happens if someone dies due to medical negligence?
There are two main elements of a claim for death caused by medical negligence. You can claim on behalf of your loved one for any pain and suffering experienced prior to their death. This is known as a claim on behalf of the estate.
Sepsis Claims
What are the symptoms of sepsis?
Symptoms of sepsis include a higher or lower temperature than normal, may have signs and symptoms of an infection, confused, sleepy, difficult to rouse, severe pain, discomfort, and shortness of breath.
Can you claim for sepsis?
You may be able to claim for medical negligence if a diagnosis for sepsis was either missed or misdiagnosed and treatment was delayed.
Is sepsis fatal if left untreated?
Without timely treatment, sepsis can rapidly lead to tissue damage, organ failure and death.
Surgical Errors
Can I claim for an operation that went wrong?
If you have suffered an injury or illness because of a surgical error, you may be entitled to compensation.
How long after an operation can you claim negligence?
You generally have 3 years from the date of the operation to make a claim. If you are diagnosed with a condition later that you can prove was related to your surgery, then the 3 years would start from the date of knowledge of the negligence.
Necrotising Fasciitis
What are the first signs of necrotising fasciitis?
Early symptoms of necrotizing fasciitis can include a red, warm, or swollen area of skin that spreads quickly. The consequences of such infections can be very extensive and in some cases is life-threatening.
Can I sue my hospital for necrotising fasciitis?
Where necrotising fasciitis has been caused by the negligence of medical professionals, you may be entitled to claim compensation for the injury caused and the associated losses which you incur.
Never Ever Events Claims
What counts as a never event?
Never Events are defined as serious incidents that should not occur if healthcare providers have implemented existing national guidance or safety recommendations.
Can you sue for a never event?
If you have suffered an injury or illness because of a never event, you may be able to make a claim for medical negligence.
What are some examples of never events?
Some examples of never events include wrong site surgery, foreign object being left in the body post-surgery, wrong implant/prosthesis and medication being administered by the wrong route.
GP and Nurse Practitioner Negligence
Can I sue a GP for negligence?
For a claim to qualify as medical negligence, it will need to be proven that the medical practitioner was at fault, and that fault caused you harm.
Does a GP owe a duty of care?
All healthcare professionals have a duty of care to their patients.
Dental Negligence
How long does a dental negligence claim take?
On average, dental negligence claims may take as little as one year and six months. In some cases, it may take far longer than that.
What happens if a dentist makes a mistake?
If you have suffered from an injury or illness because of a mistake made by your dentist, you may be able to make a claim for dental negligence.
Personal Injury
How long after an injury can I make a claim?
You have three years from the date of your injury to make a personal injury claim.
What types of personal injury can you claim for?
Personal injury claims include road traffic accidents, accidents at work and accidents on public property or on business premises.
What are special damages in personal injury?
Special damages are awarded to compensate for actual out-of-pocket financial costs that a claimant has incurred as a direct result of the defendant’s actions or behaviour. The idea is that special damages will help return you, financially, to the position you were in prior to the accident.
Accidents in public places
Can I claim compensation for a fall?
If someone else was at fault and you sustained an injury as a result, then you may be able to make a claim for compensation.
Can I sue council for negligence?
If your council were negligent with their responsibilities and this resulted in an injury to you, then you may be able to make a claim against your local council. This includes any injuries caused by contractors that work on behalf of your local council such as gas and electricity suppliers and building contractors.
Road traffic accident claims
How long after a road traffic accident can you claim?
You have 3 years from the date of the accident to make a claim.
What injuries can you claim for after a car accident?
It is possible to claim for any type of injury sustained in a car accident that wasn’t your fault.
Head and Brain injuries
How much compensation can you claim for a traumatic brain injury?
Because the range of head injuries is so extensive, the amount of compensation that is awarded can also vary extensively. While a minor head injury claim is worth between £1,000 and £10,000, in cases of traumatic brain injury, individuals can receive much more.
What qualifies as brain damage?
The brain can be damaged in many ways and levels of severity. The basic definition of brain damage is an injury to the brain caused by various conditions such as head trauma, inadequate oxygen supply, infections, or functional abnormality.
Asbestos claim
How long do you have to claim for asbestos?
You have 3 years from the date you were diagnosed with an asbestos related condition to claim compensation.
What are the symptoms of asbestosis?
Symptoms of asbestosis include shortness of breath, a persistent cough, wheezing, fatigue, chest pain and in more advanced cases, swollen fingertips.
Industrial disease
What is an industrial disease?
An industrial disease is a condition or illness caused by exposure to dangerous substances or unsafe conditions in the workplace. Some employees with a pre-existing condition may also find that their symptoms worsen because of an employer’s poor health and safety.
How long do I have to claim for an industrial injury?
Industrial injury claims must be made within 3 years of the accident or injury.
Serious Injury Claims
What counts as serious injuries?
Serious injuries, often referred to as catastrophic injuries are those that have a significant and long-term impact on the life of the injured person and their family. Such injuries can include brain and spinal cord injuries, as well as amputations, serious burns, and fatal accidents.
How can we help?
Our specialist solicitors can discuss your injury with you and recommend the best next steps. Hannah Goodman is a Paralegal in the Clinical Negligence and Personal Injury team.
If you need help with this issue contact Hannah or one of our specialists today [email protected]
call 01803 225159
