Make a Claim
When medical practitioners or healthcare institutions fall short of the acceptable standard of care, resulting in harm or injury to their patients, this is termed medical negligence.
The consequences of medical negligence can be physical, emotional, psychological and even financial. While victims may consider making a claim a very daunting task, understanding the concept and what is required, throws more on how easy it is to make a medical negligence claim or claim against the NHS. Furthermore, with the right experts looking into your case, making a claim for medical negligence can be a breeze
At nhsnegligenceclaim.co.uk, we work with a team of expert medical negligence solicitors who are well versed in bringing medical negligence claims.
What is a medical negligence claim?
Any legal case made against a healthcare practitioner or institution such as the NHS, for conduct of negligence can be classified under medical negligence claim. In a medical negligence claim, the victim (that is the patient), who has suffered avoidable injury, harm or a worsened condition, demands compensation for their suffering and damages in between.
Have you or your loved one been exposed to harm due to the negligent act of another, we can help you make a medical claim and get you the justice you deserve. Contact us today and one of our expert medical negligence solicitors will walk you through the process and advise what your next line of action should be.
What Do I Need To Start a Claim?
Before making a claim, it is important to understand the prerequisites for beginning one.
1. You will need a Medical Negligence Lawyer
First and foremost, you will need legal assistance from an expert medical negligence solicitor.
Who is a Medical Negligence/NHS negligence lawyer? These are legal professionals and experts who assist victims with negligence claims. Usually when a medical practitioner or the NHS fails to provide the expected standard of care and as a result put patients through clearly avoidable pain and suffering, a lawyer who understands the process of making a claim will come handy in presenting such cases.
At nhsnegligenceclaim.co.uk, our team of specialist medical negligence solicitors have successfully handled tons of cases and work hard every time to ensure that victims secure the highest possible compensation payouts. expert with your case. A medical negligence expert will help you understand how to prove that you have actually suffered negligent treatment.
2. You will need evidence
In any legal case, evidence is necessary to prove or refute the facts of a prosecution. The same goes for medical negligence claims - medical negligence cases are built on evidence.
As a victim, your ability to establish a valid claim is dependent on how well you can prove negligence. That is,
- Your medical professional breached their duty of care causing you injury
- Your injury/what happened to you was a mistake on the path of your medical professional.
- Your life has been impacted and you have suffered damages as a result of such injury
Some of the documents you may need to prove medical negligence include:
- Medical records
- A detailed statement from the victim giving a clear account of all that transpired between them and the defendant
- Detailed statements from witnesses (family or close friends)
- Financial evidence of costs incurred (for example receipts)
- Reports from independent medical experts who are in the same field as the negligent doctor who handled your treatment.
How Do I Start a Claim for Medical Negligence?
You can start your medical negligence claim online and NOW!. We do not require you to physically meet with us before claims can be started. All you need to do is simply fill out our free, no obligation case evaluation form, and one of our medical negligence solicitors will get back to you.
Alternatively, you can call us directly on 0800 999 3372, and a highly trained medical negligence solicitor will be there to listen to your case, and answer all queries you have concerning your claim.
How much is Compensation for Medical Negligence?
Every case of medical negligence claim differs based on individual experiences - as victims are affected differently. Even in cases where two persons suffer the same form of negligence; for example, wrong treatment administration - the impact is always unique.
Medical negligence compensation is usually calculated based on the nature and severity of a person's injury amongst other factors.
Before compensation is awarded, the following are put into consideration:
- Pain and suffering
- Nature and severity of injury
- Impact of injury on the life of the victim and recovery period.
- Additional medical expenses
- Travel costs for medical appointments
- Out of pocket losses relating to injury
- Cost of rehabilitation
- Lost of earnings
The list for special damages is inexhaustive so if you feel you deserve compensation for any form of damage not mentioned in the above, you can reach out to us.
In the UK, compensation for medical negligence can be valued from anywhere around £1000 to amounts exceeding £300,000. For example, compensation in excess of £200,000 can be awarded for brain injuries. And in extremely severe cases, medical negligence claims can attract millions.
Want to know the value of your claim? Our medical negligence solicitors can work out an estimate for you after considering all factors surrounding your claim, using our medical negligence calculator. Call us today!
Medical Negligence Claims Time Limit
It is in the best interest of victims to seek compensation at the earliest time possible, because there is a three year limit, within which medical negligence claims can be made.
This time limit usually runs from:
- The date of your injury/ the date when the negligence occurred
- The date you first became aware that the injury and pain suffered was as a result of negligence
There are times however, this 3-year time frame may not start to run until a much later time. These exempt cases include:
Cases of children who cannot pursue claims themselves. In this case, a litigation friend would be required to bring the claim on their behalf. But if this does not happen, the child can start a claim when he/she turns 18 and from that time the three year time limit starts to count (until the 21st birthday).
Where victims are incapacitated and cannot bring claims themselves. In this circumstance, the law makes provisions for these sets of persons to pursue claims at a later time since they lack the mental capacity to do so. Typically, the mentally incapacitated victim has until he/she regains their mental capacity to bring a claim. Additionally, if it has been established that the victim's condition is permanent, a litigation friend can start a claim on behalf of the person.
- Lastly, in cases of death, for example when the victim of medical negligence dies within the three year time limit of bringing claims, this time limit is extended by 3years, giving the family of the deceased ample time to deal with the loss and eventually bring their claim once they decide to.
We can help you if you have been a victim of medical negligence, and your experience falls well within three years. Provided your evidence is valid, we can develop a strong case for you, and get you a worthy compensation for your suffering.
No Win No Fee Medical Negligence Solicitors
We work with a panel of No Win No Fee medical negligence solicitors here at nhsnegligenceclaim.co.uk. Our solicitors handle your claims on a conditional agreement that rids you of any financial loss. What this means is, first you are not obligated to pay any upfront legal fees and secondly, you will not be required to pay any fee should your case be unsuccessful. The only time you will be required to pay a “Success Fee” (usually 25% of your total compensation award) is when your claim is successful and you have been awarded compensation.
We believe that top quality legal representation should be accessible to all. More than that, we understand how much victims have suffered and how comforting it will be for them to be able to start a claim whilst standing a chance to lose nothing.
Please feel free to reach out to us today concerning anything.
What is the average payout for medical negligence?
Estimated figures from the National Health Service Litigation Authority, shows that the average NHS negligence payout is at around £50,000. More generally, medical negligence claims can range anywhere from £1,000 up to hundreds of thousands of pounds and even many millions.
Compensation amount received by victims of medical negligence is based on the level of suffering and damages incurred.
Can I claim compensation from the NHS?
Yes it is possible for an individual to claim medical negligence compensation from the NHS. Our solicitors are well experienced at handling all kinds of NHS negligence claims, for example:
- Misdiagnosis claims
- Incorrect medical advise
- Prescription errors
- Surgical claims
- Obstetric negligence
- Dental negligence to mention but a few
What can be classed as medical negligence?
Understanding what can be classified under medical negligence can be quite difficult. How do you reasonably prove that your suffering was caused by another? What if what you consider to be negligence is one of the inevitabilities in medical care? For example, all surgeries come with a level of risk.
Medical malpractice is established if you are able to prove that:
- A duty of care was owed to you.
- That duty of care was breached by the professional whom you trusted.
- Such negligence or incompetence led to your injury or worsened condition.
- You have suffered terrible as a result.