Nursing Negligence and Malpractice Compensation Claims

Nurses perform a vital role in administering treatment to patients and providing them with ongoing care. Their compassion and ability to listen make nursing one of the most trusted professions, but that doesn’t mean that nurses don’t make errors.

Nursing professionals must adhere to strict regulations and work with doctors to ensure their patients receive suitable treatment. If their standard of professional and ethical care is below par, it could result in long-term injuries, psychological damage, and even fatalities.

Unfortunately, clinical negligence claims are relatively common in the UK, with the 2023/24 NHS Report revealing 13,833 cases. The important thing to remember is that you have a right to professional treatment, and any form of malpractice might mean you’re eligible for compensation.

The first step in any compensation claims process is determining your eligibility for compensation. A successful nursing medical negligence claim relies on a solicitor being able to prove that the nurse or hospital was responsible for your injuries.

When you speak to a legal specialist by phoning 0800 234 6438 or using the online form, they’ll assess your case and determine whether you might be able to receive compensation. You’ll then receive access to no win no fee nursing medical negligence solicitors who handle the case.

Claiming on a no win no fee basis is the most popular way to secure compensation after medical negligence. Unlike traditional solicitors, they don’t charge any upfront fees, which means there are no financial risks associated with claiming.

A conditional fee agreement solicitor only receives their fee if you receive compensation, and most won’t take on your case unless they’re confident of winning. Once your settlement goes through, the solicitor takes their success fee out of the awarded compensation, and the rest of the money is yours.

No compensation claim can be successful without evidence that proves negligence. Your solicitor will gather evidence on your behalf, but it’s also beneficial to collect your own evidence, as it can speed the case along. The most important forms of evidence include:

• Medical Records: All medical negligence cases depend on your records, as they detail the treatments you receive and any complications. Nurses often monitor patients and fill in their records so your solicitor can identify where the malpractice occurred through written documentation.
• Witnesses: Family members, friends, and even other healthcare professionals involved in your care can be instrumental in a clinical negligence claim, as they back up your injuries, complications and negative experience.
• Visual Evidence: If possible, you should also take photos of any injuries and complications. This evidence can provide visual proof of negligence.
• Medical Assessments: Your solicitor and the negligent party’s representatives might ask you to attend an independent medical assessment, which can verify your complications and injuries. Medical assessments can ensure you receive the correct payment, and a specialist will also provide an expert account of your injuries.
• Expenses: Recording any expenses associated with nursing medical malpractice is essential to claiming special damages. These expenses include private treatment, travel, lost earnings, home adaptations, counselling, and other costs.

Once the no win no fee solicitor has evidence, they’ll file the claim and begin negotiations with the negligent party. While there’s no way to say whether your claim will be successful, having the right evidence and support from your solicitor increases the chances of a financial award.

Some compensation claims settle relatively quickly, while others might take longer if the negligent party wants more evidence or isn’t willing to accept responsibility. In rare cases, your claim might go to court, but your solicitor will try to avoid this.

Once your nursing medical negligence compensation claim is settled, your solicitor will take their fees out of the award, and you’ll receive the rest of the money.

Most compensation amounts are awarded as a one-off lump sum, but some people receive interim payments that last for a set period. For example, the compensation agreement might be £20,000 yearly for the next 10 years.

All compensation claims differ; the amount you receive depends on the degree of medical negligence and how the injuries/complications impact your life. The amount your solicitor puts forward depends on general and special damages:

• General damages cover the injuries caused by your healthcare professional and any loss of amenity.
• Special damages cover any costs associated with your nursing negligence injury, including being unable to work, paying for taxis, needing private medical and counselling support, making home adaptations and anything else.

You can use a compensation calculator for a general idea of how much you might receive, but your solicitor will be able to provide a more accurate estimate.

While there’s no set amount for nursing negligence claims, we can look at previous NHS compensation amounts for realistic figures. Remember, your claim depends on multiple factors, and the following amounts are for reference only.

As with most compensation claims, you have up to three years to file a claim after the incident. Acting quickly is advisable because negotiations can drag on, and you might run out of time.

If you suffered nursing negligence before turning 18 and your parent doesn’t claim on your behalf, you can file a claim for up to three years after turning 18.

If you’d like to initiate a compensation claim against medical malpractice, please determine your eligibility today by phoning 0800 234 6438 or using the online form. A legal advisor will ask questions about your case and decide whether nursing negligence is present.

You’ll then be connected with a no win no fee solicitor who will work on your case and attempt to secure compensation.

If you’d like to initiate a compensation claim against medical malpractice, please determine your eligibility today by phoning 0800 234 6438 or using the online form. A legal advisor will ask questions about your case and decide whether nursing negligence is present.

You’ll then be connected with a no win no fee solicitor who will work on your case and attempt to secure compensation.

The majority of nurses will go out of their way to ensure patients receive the best possible care, but that’s not always the case. In some cases, if a medical professional neglects their patients or causes further injuries, you could claim compensation for negligence and malpractice.

There are many types of negligence associated with nursing care, but the most common include:

• Lack of Monitoring: Hospitals are busy places with multiple distractions. A nurse might struggle to stay on track and forget some patients. If your nurse does this, it could make your condition worse and cause ongoing complications.
• Treatment Errors: Nurses should maintain detailed charts that detail any medications administered, allergies, and doctor recommendations. Failing to check or read this information correctly could result in medication errors and unnecessary treatment.
• Failing to Record Information: Healthcare professionals work together when providing patient care. If a nurse fails to record important information regarding a patient’s condition, doctors might not know how to treat them or prematurely discharge them.

It’s vital to remember that negligent treatment from a nurse doesn’t just cause short-term injuries; they can also be long-term disabilities that impact your quality of life.

Who pays for medical negligence claims depends on where you’re claiming against. For example, if you receive private treatment, the healthcare provider’s insurance company usually pays any compensation. If you make a claim against the NHS, its Resolution Service will pay your compensation.

While you might worry about making an NHS compensation claim, the Resolution Service is in place to ensure patients receive compensation. Nurses are healthcare practitioners who must provide patient care that reaches set standards, and compensation can hold the negligent party accountable.

It depends on your case’s circumstances and whether the negligent party is willing to admit responsibility.

Unfortunately, clinical negligence compensation claims can be tricky to settle, as the payouts can surpass £1 million. Receiving support from a no win no fee medical negligence solicitor can simplify the process.

Some claims settle within a few months, while others take much longer – especially if they end up in court.

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