Medical negligence can be a devastating experience, affecting your health, finances and well-being. Understanding how to make a claim is crucial for seeking compensation and justice. This article will guide you through the process, explain the necessary steps, and highlight key statistics and expert insights to help you understand the landscape of medical negligence claims in the UK
What is Medical Negligence?
Medical negligence, also known as clinical negligence, occurs when healthcare professionals fail to provide the standard of care expected, resulting in harm to the patient. This could be due to misdiagnosis, surgical errors, incorrect treatment, or poor aftercare.
According to the NHS Resolution (the body responsible for handling claims against the NHS), there were 13,070 new clinical negligence claims in the UK in 2022/23, a slight increase from the previous year. The financial cost of these claims was substantial, with the NHS setting aside over £128 billion for future compensation payments.
Step-by-Step Guide to Acting on Medical Negligence
If you believe you have been a victim of medical negligence, follow these steps to take action:
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Gather Evidence
The first step in any medical negligence claim is gathering as much evidence as possible. This could include:
- Medical Records: Request your full medical history and records from the hospital or clinic where you were treated. These records can provide critical details about the treatment you received and any potential errors.
- Written Correspondence: Keep copies of all communications between you and healthcare providers, including emails, letters, and any complaints you may have filed.
- Expert Opinions: Seek the advice of another healthcare professional who can review your case and provide an independent opinion on whether negligence occurred.
- Make a complaint to the Patient Advisory Liaison Service. See below.
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Seek Legal Advice
After gathering initial evidence, it is essential to consult with a solicitor who specializes in medical negligence. They can help assess whether you have a strong case and advise on the best course of action.
Medical negligence claims can be complex, and solicitors often work on a “No Win, No Fee” basis, meaning you will not have to pay unless your case is successful.
Usha Nayee, Senior Solicitor and Clinical Negligence specialist explains that access to justice is made more accessible with No Win, No Fee Agreements, also known as CFA’s (Conditional Fee Agreements)
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Complaint Process
Before pursuing a claim, it is often helpful to go through the NHS complaints procedure. This allows you to formally register your concerns with the healthcare provider involved. While this will not lead directly to compensation, it may prompt an internal review of your case and provide an explanation or apology.
To make a complaint, you must:
- Contact the NHS trust responsible for your treatment within 12 months of the incident also known as PALS
- Alternatively, you can seek assistance from The Parliamentary and Health Service Ombudsman if you are unsatisfied with the response.
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Initiating a Claim
Once you have consulted a solicitor and gathered enough evidence, your Solicitor will draft a formal claim outlining allegations of the breach of duty.
The NHS or private healthcare provider will have four months to respond to the letter. They may accept or deny breach of duty and or Causation.
Under UK law, there is a three-year time limit to bring a medical negligence claim, starting from the date the negligence occurred or the date you became aware of it (the “date of knowledge”). For children, the time limit extends to three years from their 18th birthday, and for those who lack mental capacity, the time limit is paused indefinitely.
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Proof
There are 4 fundamental requirements to bring a successful claim.
You must prove:
- The Healthcare provider or Trust owed you a duty of care
- The Healthcare provider or Trust has breached this duty of care
- As a result of this breach of duty, this has caused injury
- If the above 3 factors can be met, you will be entitled to damages (Compensation)
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Compensation
Compensation in medical negligence claims is designed to cover:
- General Damages: Compensation for pain, suffering, and loss of quality of life.
- Special Damages: Reimbursement for financial losses, including medical bills, loss of earnings, and ongoing care costs.
The size of compensation depends on the severity of the harm caused. For example, claims involving minor injuries may result in compensation of £1,000 to £4,000, while catastrophic injury claims can result in millions of pounds in compensation, especially if lifelong care is required.
State of Medical Negligence in the UK
The volume of medical negligence claims has risen steadily over the past decade, with the NHS facing more than 13,000 claims annually. According to the NHS Resolution’s annual report, 55% of claims relate to treatment issues, such as surgery errors or failure to accurately diagnose conditions.
Furthermore, treatment or misdiagnosis are the leading causes of high-value claims, with obstetrics-related negligence (maternity care) representing a considerable proportion of payouts. Claims in this area often involve lifelong care for children with cerebral palsy or other birth-related injuries, which explains the high value of these cases.
Expert Insights on Medical Negligence
Medical professionals and legal experts alike agree that tackling medical negligence requires systemic improvements within healthcare institutions. Professor Nigel Poole QC, a leading barrister specializing in medical law, asserts, “Prevention is always better than litigation. Addressing the root causes of negligence—such as overworked staff, poor communication, and systemic inefficiencies—will benefit patients and healthcare providers alike”.
Similarly, Helen Vernf Executive of NHS Resolution, highlights the importance of transparency and learning from mistakes: “We need to encourage a culture of openness within the NHS. By learning from errors and fostering honest communication, we can reduce the likelihood of negligence and improve patient outcomes”.
Time Limits
The average length of a case can take anywhere between 15 – 36 months if not more. These cases do not settle quickly and often take time due to waiting for medical records, assessing complex issues, and obtaining reports in support of Breach of Duty, Causation, and Prognosis.
Acting on negligence can be a daunting process, but it is essential for achieving justice and ensuring that others do not suffer similar harm. By gathering evidence, seeking expert legal advice, and understanding the claims process, you can significantly improve your chances of success. Additionally, the rise in medical negligence claims highlights the need for systemic changes in the healthcare industry to reduce these incidents in the future.
If you’re unsure where to start or need guidance on your next steps, Optimal Solicitors is here to help. With a dedicated team of medical negligence experts, we can assess your case, provide clear advice, and support you through the entire claims process.
Our team works on a No Win, No Fee basis, so you can pursue justice without worrying about upfront costs. We’ve successfully handled numerous medical negligence cases, securing significant compensation for our clients.
If you believe you’ve been a victim of medical negligence, don’t wait. Contact Optimal Solicitors today for a free, no-obligation consultation and let us help you get the justice and compensation you deserve. Reach out to us via our website or call us directly to start your claim.