Healthcare services are there to help people through illness and injuries, but sometimes, these services can fall short. From misdiagnosis to injuries caused during treatment, there are many cases of medical negligence in the UK every year. The NHS reported around 13,511 cases in 2022/23. Medical negligence cases often result in compensation for individuals and families. While this may not be able to repair the damage done, it can be a lifeline for those whose lives have been changed as a result of medical negligence.
If something like this happens to you, you need to know your options for seeking help and how much compensation you can expect to receive. Below, you'll find some useful information and advice that could help you with your claim.
What is medical negligence?
When patients enter a healthcare facility, they expect a basic standard of care from the medical professionals. Whether private or publicly funded, all healthcare facilities and professionals have a duty to care for patients. Unfortunately, now and then, this care falls short of what is expected and can cause further problems for the patient.
Some examples of medical negligence include:
- Causing an avoidable injury during surgery or treatment
- Prescribing the wrong medication or prescribing the incorrect amounts
- Misdiagnosis
- Failure to diagnose a condition
- Injuries caused during birth
- Dental negligence
- Cosmetic surgery problems
- Infections acquired during hospital stays
These are just some of the causes of medical negligence that have affected patients and possibly caused irreparable damage.
What is a medical negligence claim?
A medical negligence claim is the action a patient, or their family where the patient has passed away, can take against the facility or healthcare professional to prove that the negligence took place and seek compensation for what has happened. Medical negligence claims can be complex, and you will need to hire a specialist hospital or GP negligence claims solicitors to help take on the case on your behalf. With experts to advise you throughout the claims process, this can be an effective way of achieving your desired outcome.
How much compensation can you expect in a medical negligence claim?
If your claim is successful, you will likely receive compensation in the form of a payout. However, the amount of compensation you can expect to receive will vary based on different elements:
The extent of your illness or injuries
Medical negligence claims will vary according to the extent of an injury or illness. A life-changing injury will result in a larger payout, while smaller injuries may not lead to a large payout. Your medical negligence solicitor will be able to advise you on the amount of compensation you could expect to receive based on your injuries.
The expenses you've incurred
Dealing with an injury can lead to many out-of-pocket expenses that can put significant financial strain on individuals and their families. Some of these expenses may include:
- Care costs
- Loss of earnings due to being unable to work
- Adaptations to your home
- Travel expenses
- Cost of subsequent treatments or procedures
It's important to keep records of any expenses you've had to pay to help you recover them as part of your claim.
Your future
Your medical negligence case will also take your future into account. If you're never able to return to work, for example, this will need to be factored into your claim, as well as any care needs you may have. This can be a difficult cost to work out, especially as some conditions can progress over time.
All of these factors will affect your compensation amount, but an experienced medical claims solicitor will be able to give you an estimate based on your unique circumstances.
What is the best way to start a medical negligence claim?
The best way to start a medical negligence claim is to find a suitable solicitor. Some solicitors specialise in medical negligence claims and will be able to advise you on whether or not you have a case to pursue. Your solicitor will then work on the claim on your behalf, minimising the stress that this process can cause. Most solicitors will only take on a claim if they think it has a chance of succeeding, so you should feel confident knowing your claim will be accepted before you begin legal proceedings.
It is also worth noting that most medical negligence claims are taken on a no-win, no-fee basis. However, in rare cases where the underlying claim is not clear, there may be legal fees to review the case and identify if there is a claim. A solicitor will review the matter briefly and advise on what fee options are available.
While making a medical negligence claim can be a distressing time, the outcome can help you look forward to a more positive future and help you get a resolution for the pain and suffering that has been caused to you and your family.
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