Medical Negligence Claims Process

Your eligibility to make a medical negligence claim depends on whether your case meets the following criteria:

1. The medical professional or healthcare facility failed in their duty of care. The law clearly states that all healthcare professionals must follow strict rules when treating and caring for patients. If a patient fails to provide the right standard of care, they can be classed as negligence.
2. The poor standard of care contributed to – or directly caused – the patient’s complications and injuries. These can range from minor to severe and, in some cases, even fatalities.
3. You must file for compensation within the legal time limits, which are typically three years from the date of your injury. There are some exceptions to the rule, including children who are victims of medical negligence and individuals with limited mental capacity.

Understanding the professional’s duty of care can be challenging if you’re new to medical negligence claims. However, it’s a vital component of your claim, and the solicitor must prove that there was a breach in order to secure compensation.

A duty of care refers to the legal responsibilities healthcare professionals have for patients. It applies to all professionals, from surgeons, doctors and nurses to support workers and healthcare assistants.

Ensuring patient wellbeing is at the heart of care standards, and a duty of care can only be established if there’s a professional relationship between the patient and the healthcare provider.

Your solicitor will establish a breach of care by assessing industry standards and determining whether your care fell short.

For example, the NHS addresses potential cancer concerns through the Faster Diagnosis Standard, which states that patients with clear symptoms should receive a diagnosis within 28 days, allowing for faster treatment.

If a GP fails to refer a patient for tests or misinterprets them, it’s classed as a duty of care breach. The same applies to all other standards, and breaches can occur throughout different stages of a patient’s treatment.

A medical negligence solicitor must also prove that the breach in duty of care contributed to or directly caused your injuries or complications, which wouldn’t have occurred with the right treatment. Evidence is vital to these claims; independent medical experts can help strengthen your case.

When you’re unfamiliar with the medical negligence claims process, attempting to secure compensation can be daunting. While a solicitor will handle any negotiations and keep you informed throughout your claim, it’s a good idea to understand how it works.

It’s always a good idea to seek free legal advice instead of going straight to a solicitor, as a specialist will be able to assess your case and determine whether you can make a clinical negligence claim. You can phone 0800 234 6438 or use the online form for a free initial assessment.

If the advisor determines that negligence occurred, they’ll connect you with a specialist medical negligence solicitor who will represent you on a conditional fee basis.

It’s important to remember that legal advice services have access to reputable lawyers who are registered with the Solicitors Regulation Authority.

Going straight to a no win no fee solicitor might seem like a good idea, but the representative you choose might not have the necessary registrations and qualifications to demonstrate their professional competence.

There are different ways to fund your claim, but working with a no win no fee medical negligence solicitor gives you peace of mind. Instead of paying any upfront fees, the solicitor will only receive their expenses if your claim is successful and you receive a settlement.

While some people use their legal expenses insurance, reviewing the excess before opting for this route is vital. Legal aid is also possible, but again, this depends on your individual circumstances and whether you qualify.

You can also opt for a traditional solicitor, where you pay an outright fee. However, there aren’t any guarantees that the claim will be successful, which means you could end up in an even worse financial situation.

When you claim on a no win no fee basis, there’s also more security, as no solicitor will take on the case unless they’re confident it will be successful.

Your medical records are instrumental in proving that you experienced negligent treatment. These records contain vital information, including when you first sought treatment, the professionals involved in your care, and where the healthcare provider or professional failed in their duty of care.

All patients are allowed access to their medical records by submitting an SAR (Subject Access Request), which details the types of records they’d like to access. The general timeline for responding to a SAR is usually one month, but it can be longer when dealing with complex cases.

Once the medical negligence experts have access to your records, they’ll review them in depth to identify the healthcare professionals and facilities that contributed to your care.

These can include your GP, hospital consultants, surgeons, nurses and care workers. While an individual might be responsible for the low standard of care, it can also be due to a healthcare provider’s lack of training and inability to promote a healthy environment.

Your legal team will assess your medical negligence claim with an independent medical expert. While a specialist solicitor plays a vital role in securing compensation, independent experts will assess your case and use their knowledge to evaluate whether the healthcare provider failed in their duty of care.

These experts are able to explain complex medical matters and establish which errors caused any complications or injuries.

Attending a medical assessment with an expert can also strengthen your claim, as they can clearly explain how negligence will impact your long-term financial situation and ability to work.

To secure an independent medical expert’s opinion, your solicitor will:

• Identify An Appropriate Expert: If your injuries occurred during surgery, your solicitor will find an expert specialising in these cases. Choosing someone with a strong reputation within the medical industry is also important in obtaining compensation.
• Sharing Your Records: The solicitor will then share your medical records and any other relevant documentation with the expert, ensuring they can evaluate the information. You might also be asked to attend a medical assessment.
• The Report: Once the expert reviews your case, they’ll provide a written report that outlines whether a breach of duty occurred. The report can include your future prognosis, any treatments needed, and the long-term consequences of medical negligence.

These experts won’t always side with you, and it’s essential to understand that they might conclude that there was no breach of care. In some cases, a breach of care might not have directly impacted your condition, and the solicitor will need to explore whether filing for compensation is still viable.

Now that the solicitor has concrete evidence of your negligent medical treatment, they can calculate your claim amount. While no amount of money can make up for your injuries, receiving compensation means you can focus on recovering without worrying about financial limitations.

Every medical negligence case is different, and there’s no set compensation amount. Your claim is based on two key factors:

• General Damages: These damages refer to medical negligence itself, any physical or psychological impact on your life, and whether or not it impacts its quality. For example, being unable to enjoy certain activities or perform daily tasks.
• Special Damages: Any financial losses associated with your injuries form the special damages component of your claim. This includes being unable to work, private medical bills, travel expenses, home adaptations and care costs.

Your solicitor will evaluate how the negligence occurred when calculating a realistic compensation amount. For example, misdiagnosis claims might be worth more than prescription errors, as failing to identify conditions like cancer could lead to their progress.

Please remember that the fee your solicitor calculates is just a starting point. There’s no guarantee you’ll receive that amount, as it depends on how the negotiations progress.

Once your solicitor has the necessary evidence, they’ll put your case forward to the negligent party by sending a letter of claim. These official documents outline your case’s specifics, including negligence allegations, any harm you experience, and the evidence they have to support the claim.

If you’re suing a private healthcare facility or the relevant NHS trust, these letters are usually addressed to the defendant’s legal team. The negligent party must confirm that they received the letter within 14 days.

In most cases, the defendant has four months to investigate medical negligence claims and perform a detailed review of your case. During this stage, they’ll engage their legal team and examine the evidence put forward.

The negligent party might also ask you to attend a medical assessment to determine your injuries and confirm their long-term complications. They’ll then submit a response that confirms whether they’re willing to admit responsibility, with the following potential outcomes:

1. Admission of Liability: The negotiations can begin if the defendant accepts partial or full liability. Your solicitor will work with the private facility’s insurance company or NHS Resolution to determine how much money you receive.
2. Denial of Liability: In some cases, the negligent party might deny liability and will provide evidence of why they’re doing so. Your solicitor will then work with you to plan the next steps, including the possibility of court proceedings.
3. Settlement Offer: Once you receive a settlement offer, your solicitor will evaluate it and discuss whether it might be best to settle the case in court. Both parties will want to avoid court proceedings, but it might be the only way to secure a payment you’re entitled to.

If you decide to go to court, the solicitor will file a claim and prepare for your trial. During this stage, they need to strengthen the case by collecting further evidence and constructing a robust defence. Your solicitor will prepare you for trial and support you through the process, ensuring it goes smoothly.

The judge will decide whether your medical negligence case is valid and issue a judgment. If your case is successful, you’ll receive a settlement. Once the solicitor takes their fees from the award, you can use the money as you see fit.

The time it takes to settle a medical negligence claim depends on multiple factors. All of the following can impact your claim’s duration:

• Complexity: While some cases have a clear point of negligence, others are harder to establish. For example, if the individual develops a severe disability that impacts their mental capacity or multiple healthcare providers were involved in your care, it can draw out the case.
• Evidence: Collecting evidence is central to any claim’s success. If your solicitor struggles to collect evidence or there are delays, it can cause the case to continue.
• Defendant’s Response: If the defendant isn’t willing to accept liability, it can interrupt the process, as they’ll collect evidence and consult independent experts.
• Court Proceedings: In some cases, your solicitor might decide that court proceedings are the best course of action, which means the case can drag on.

The following timeframes are estimates only, but they can give you an idea of how long your claim might take:

• The Initial Investigation and Evidence Collection: A couple of months to one year.
• Defendant’s Response: Most defendants have four months to reply to your claim, but there might be extensions for complex cases.
• Negotiating A Settlement: Up to a year with the negligent party accepting liability.
• Court: These proceedings can last for years.

As you’ll only have three years to initiate your claim, it’s vital to seek legal advice as soon as possible. That way, your solicitor can collect evidence and ensure you receive an appropriate payment.

Navigating the medical negligence compensation claims process can seem like an uphill struggle, but the right support makes a significant difference.

If a loved one passes away due to medical negligence, their next of kin could be eligible to claim compensation. Parents and legal guardians can also file for compensation on behalf of a child, but the child also has the right to initiate a claim up to three years after turning 18.

There are multiple types of medical negligence, and it can occur at all stages of a patient’s treatment. The most common include:

• Delayed/Missed Diagnoses: These cases occur when a healthcare professional either fails to identify your symptoms and order extra tests or misinterprets your symptoms and issues an incorrect diagnosis. They can cause your condition to worsen and even result in fatalities.
• Medication Errors: Pharmacists and those who administer treatment must also adhere to strict standards of care practices. So, if you receive the wrong medication or an unsuitable dosage, you could claim prescription error compensation.
• Surgical Errors: Mistakes during surgical procedures can cause permanent organ damage and even death. Making a surgical error compensation claim can cover any private medical expenses and ensure you receive financial support.
• Birth Injuries: Midwives are highly trained professionals who should identify potential risks during labour and take steps to mitigate them. Cerebral palsy, brain damage, and fractures are common birth injuries.

Other forms of medical negligence include hospital-acquired infections, failing to obtain consent and dental negligence.

While there are multiple options for funding medical negligence claims, opting for a conditional fee agreement means you won’t need to consider any financial implications. These claims come with no upfront fees, and your solicitor will only receive their expenses should they secure a settlement.