Medical Negligence Claims

The UK has a reputation for having one of the strongest and most successful healthcare systems in the world. We are a nation that prides itself on the ability to treat anyone in our hospitals, irrespective of race, wealth, gender or illness. That said, inevitably there are occasional oversights, errors and negligence that can lead patients to suffering enhanced or new illnesses and injuries through no fault of their own. Irrespective of the unintentional nature of the error, the law acts to support and protect victims of medical negligence. This guide explains how it may be possible to make a medical negligence claim, how long the process is likely to take and what compensation might be available, amongst other details.

What is Medical Negligence?

Medical negligence is the term given to negligent activity of a medical professional that results in injury, illness or harm to a patient. The suffering can result from lack of information as to how best to treat a condition, misdiagnosis, incorrect dosage of medications being given and direct injury following errors during surgery and other medical procedures.

Types of Medical Negligence Claims

There are a variety of areas covered in the field of medical negligence. They include cases of intentional abuse by medical practitioners on patients, through to human error in surgery. Some of the more common claim types include:

• Cancer Misdiagnosis
• Birthing and Obstetrics errors
• Misdiagnosis or non-diagnosis or injury or illness
• Negligence and malpractice
• Dental negligence
• Surgical errors and complaints

What Are the Time Requirements for Making a Medical Negligence Claim?

In order to make a medical negligence claim, it is advisable to begin the process as soon as possible, as there are strict timelines as to when claims can be accepted. The usual time limit is within 3 years of the incident.

A court may well decide that they can be more lenient on this timeframe, but it is not guaranteed. Furthermore, the ability to gather sufficient evidence and process a successful claim is strengthened the sooner that the investigation begins.

If a medical negligence claim revolves around a child patient, the three-year deadline commences on the patient's 18th birthday and ends on their 21st birthday.

What Proof Will Be Required to Make a Medical Negligence Claim?

To make a successful medical negligence claim, there is a necessity to prove that the illness or injury sustained was the result of negligence or malpractice of another individual, institution or programme. Moreover, it will be necessary to prove that the illness or injury was a direct result of the actions of the individual or group.

These two considerations are referred to as ‘breach of duty' and ‘causation'. The breach of duty investigation will consider the reasonable knowledge and practices available at the time of the injury or illness.

A solicitor will begin the investigation by reviewing the individual's medical records. The records will provide the solicitor with a wealth of information and evidence as to the causation and resulting injury or illness of the claim. Once this information has been obtained, the solicitor will seek advice from a medical expert, who will assess the incident from a medical viewpoint. The expert will be well-placed to assist the solicitor in determining whether there is a strong case for claiming medical negligence.

How Long Will it Take to Process a Medical Negligence Claim?

Medical negligence claims are notoriously lengthy processes as there is an abundance of work involved in compiling a case. With this in mind, it is advisable to begin the claim process as soon as possible and be aware that processing times can take several months.

That said, solicitors and courts are aware of the stress and emotional impact that medical negligence can cause to an individual and their family. With that in mind, everyone involved in processing and concluded cases is likely to do their utmost to ensure that each case moves as smoothly and speedily as possible.

How Much Compensation is Likely to Be Paid for a Successful Claim?

When determining how much compensation will be paid to a victim of medical negligence or malpractice, courts will consider a variety of factors. These include:

• The severity of the illness or injury suffered
• Any treatment, care or impacts that remain or will continue
• The impact on family
• The impact on earnings and potential earnings.
• Costs incurred through the legal process
• Costs of medication, treatment and transport for such requirements.

Although a solicitor may be able to give a likely compensation outcome, each case will be considered independently, and payments will be determined on this basis.

Can a Medical Negligence Claim Be Made on Behalf of Someone Else?

A clinical negligence claim can be made on behalf of someone else and the law acts to offer protection on this basis in some cases. For example, if the victim of medical negligence or malpractice is unable to bring a claim on their own or the victim is deceased, their family will be able to complete the claim on their behalf.

It is especially important for some families to be able to make such a claim when the resulting illness or injury has had a negative financial impact on the household finances. In such instances, courts will consider the financial loss suffered by family as well as the emotional and logistical impacts that the medical negligence has caused.

Further Support for Victims of Medical Negligence.

The UK has a registered charity that acts to offer support, guidance and advice to victims of medical negligence and errors. Action Against Medical Accidents works to provide UK patients with independent support in the pursuit of justice.