Medical negligence

Compensation for medical errors, health impairment in the UK

During treatment, rehabilitation, and even the diagnosis of a specific condition, medical personnel may make mistakes. These errors are the basis for financial compensation that is due to the injured party. If you have experienced negligence or a medical error, our lawyers will identify appropriate solutions and assist you in obtaining the compensation you deserve.

What is medical negligence?

Medical negligence, also known as clinical negligence, occurs when healthcare workers fail in their duty of care towards you. It encompasses any improper, accidental, or substandard medical care that causes injury to a patient or worsens an existing condition. Typically, this is caused by improper action or a lack of action.

According to NHS Resolution (the body responsible for resolving medical negligence claims), in the year 2018/19, over 15,600 compensation claims were filed against the healthcare service. More than 55% resulted in compensation payouts.

Unfortunately, medical errors or negligence carry the risk of life-changing consequences for patients, whether through physical injuries or subsequent psychological trauma.

If you or someone close to you has been injured as a result of medical treatment, we are here to help you obtain the compensation you deserve.

Inquiries about compensation and claims for a medical negligence in the UK can be reported directly to us.

Our office is open from Monday to Friday, from 9:00 to 17:30. Inquiries can be submitted by filling out the accident form on our website by clicking HERE or by calling our compensation office directly at
02037430812 or toll-free at 0800 3688 569.

Look for this medical test. You have to take care of yourself" written on a medical document. — Important medical advice written on a document urging individuals to prioritize their health through necessary tests.

Medical negligence is a broad concept that describes a wide range of experiences. There are many different types of medical negligence, from improper treatment and surgical errors to misdiagnosis and dental negligence.

Here are examples of medical negligence and cases in which our firm can assist:

Hospital negligence, including claims against both private and National Health Service (NHS) hospitals for diseases caused by improperly treated or cleaned wounds or extensive bedsores.
Negligence in hospices, including the administration of the wrong drugs.
Dental negligence causes damage to teeth, gums, and the jaw.
Injuries during or after surgery.
Infections acquired during a hospital stay.
Misdiagnosis leads to improper treatment.
Treatment errors involve the administration or prescription of the wrong medication.
Birth injuries include injuries to both the mother and the infant during pregnancy (pre-eclampsia, maternal diabetes), childbirth (cerebral palsy), or post-birth (hip dysplasia).
Negligence in nursing homes for the elderly.
Claims against family doctors for negligence.
Negligent or poorly formulated medical advice prevents the patient from making an informed choice.
Failure to warn the patient of the risks associated with a procedure or treatment.

Medical negligence also includes “Never Events,” which are incidents during surgical procedures that should never happen and could have been avoided. These incidents include:

Performing the wrong surgery on the right person and vice versa.
Operating on the wrong part of the body.
Accidentally leaving a surgical instrument or other foreign object in the patient’s body.
Postoperative infection that could have been avoided.
Accidental perforation of internal organs.
Cosmetic procedures cause avoidable scarring or other distortions.

Medical errors, whether surgical or otherwise, can have serious and long-lasting consequences. Typical cases may involve spinal injuries, brain injuries, orthopaedic injuries, amputations, and even misdiagnosis of cancer, so we understand how important it is to help rectify what has been neglected.

Compensation for medical errors and negligence in the UK – frequently asked questions.

How do I know if I have grounds to seek compensation for medical negligence?

Medical negligence occurs when healthcare professionals fail in their duty of care towards you. It includes errors in diagnosis, medication administration, treatment, surgical procedures, and general care that result in physical injuries, mental trauma, or worsen an existing condition.

Medical negligence applies to all forms of public and private healthcare— from doctor’s offices, hospitals, clinics, and nursing homes to dentistry, optometry, rehabilitation, and therapy.

The most common forms of medical negligence include misdiagnosis, prescription errors, failed surgery, substandard advice, and injuries during pregnancy and childbirth. If you believe that healthcare professionals did something— or equally importantly, failed to do something— that caused you physical or mental harm, you may have grounds to file a medical negligence claim.

How effective are medical negligence claims?

Let’s look at the National Health Service. NHS Resolution is the body overseeing medical negligence claims against the National Health Service (NHS). According to their data, in the year 2018/19, 15,655 claims were resolved, and 8,712 compensations were granted.

Medicine is complex, just like medical negligence claims. If you believe you’ve suffered due to a medical error or negligence, contact us today. Our legal advisors have extensive experience and will guide you (free of charge and without the immediate need to sign an agreement) on whether you have a chance for compensation and what the next steps are in initiating the claims process. The decision to start a claim is entirely yours.

How will a lawyer specializing in medical negligence prove my case?

The entire medical staff must care for you during the treatment process, without exposing you to unnecessary injuries, suffering, and pain.

When considering a case, our lawyers work hard to prove that the care received fell below what is required by the legal duty to adhere to care standards.

To do this, they typically examine three key areas:
Breach of Duty: Proving that the doctor or medical staff did not fulfil the legal duty of care for you.
Causation: Demonstrating that the treatment you received was the cause of your injury or contributed to a deterioration in your condition.
Damages: Provide clear evidence of the harm you suffered as a result.

Our lawyers specializing in medical negligence will be at your side to guide you step by step through the entire compensation process, allowing you to focus on your recovery.

Can claims for medical negligence be made under a ‘no win, no fee’ agreement?

Of course, YES. Most of our claims can be submitted under a ‘no win, no fee’ agreement. This means you don’t pay anything upfront for the claim. The payment for our services occurs when your compensation case is successful.

If the claim is successful, our fee is treated as a percentage of the compensation, and this will be agreed upon with you in advance. Even if your compensation case is not successful, you won’t be burdened with costs, meaning you bear no financial risk.

At the beginning of the claim, the lawyer takes out an insurance policy to cover legal costs. In the event that the case is lost in court, this insurance will cover the costs of the opposing party. The cost of this insurance is covered from the compensation at the end of the claim.

Can I discuss a medical negligence claim on behalf of someone else?

YES, of course, you can do that. We can help you file a medical negligence claim on behalf of a friend or family member.

If their injuries are severe, they may physically be unable to pursue claims on their own or may not feel ready to talk to us about what they’ve been through. Either way, we can help you remedy the harm caused by providing free and confidential advice on the compensation process.

Unfortunately, in extreme cases, medical negligence can be fatal. We understand how difficult it is to cope with the grief of losing a loved one. The loss of a loved one can expose you not only to emotional suffering but also to the stress associated with finances. Therefore, we can help you obtain compensation to cover funeral expenses and any other costs.

Inquiries about compensation and claims for medical errors and negligence in the UK can be reported directly to us. Our office is open Monday to Friday, from 9:00 AM to 5:30 PM. Inquiries can be submitted by filling out the accident form on our website by clicking HERE, or by calling directly to our Polish compensation office at 02037 430 812 or toll-free 0800 3688 569.

Who pays compensation for negligence and medical errors?

When you file a claim for medical negligence against the National Health Service (NHS), it is handled by an organization called NHS Resolution, established by the government to address cases of medical negligence brought by patients.

NHS Resolution operates like an insurance company. Each NHS Trust in the United Kingdom pays an annual premium to NHS Resolution, ensuring there is always a pool of funds available to handle any medical negligence cases brought against them.

Think of it as car insurance. In practice, you may never need the policy because you haven’t had an accident, so no one has filed a claim against you. However, the law mandates that you are still required to pay the premium in case you cause an accident that is your fault.

What will happen if I have filed a medical negligence claim against a private entity providing healthcare services?

Claims for medical negligence for patients using private healthcare operate differently. General Medical Council (GMC) guidelines state that doctors working in private healthcare must have professional indemnity insurance to cover negligence claims, as they are classified as practitioners (rather than employees, as in the NHS).

As a result, medical negligence claims brought by private patients are typically somewhat more complex, may take a bit longer, and are more likely to go to court.

What will happen if I have filed a medical negligence claim against a private entity providing healthcare services?

Your claim is entirely independent of any internal investigations or disciplinary actions that the hospital or medical clinic may undertake. In severe cases, the standard procedure involves conducting a full investigation. Any subsequent disciplinary actions will be tailored to the circumstances and the level of negligence.

Your representing lawyer will always strive to persuade the involved organization to review its procedures and take necessary steps to ensure that such incidents do not recur with another patient.

How much time do I have to start the compensation process?

In most cases, you have three years from the date of the incident related to medical negligence to initiate a compensation claim. However, keep in mind that in compensation cases, the sooner you contact us, the better—sometimes initiating a case may be impossible if there is little time left before the expiration date.

On the other hand, sometimes the three-year deadline from the date of the incident can be extended, for example, if you were physically or mentally unable to initiate the claim earlier due to the injury. In such a case, the limitation period is three years from the moment the doctor determined that you are physically and/or mentally well enough to start the claim.

What compensation can I receive if I win a medical negligence claim?

After negligent treatment, you may feel lonely, frustrated, and in pain. Often, the need to undergo additional treatment as a result of an incorrect diagnosis or improper treatment or therapy is a challenging period for the affected patient. This frequently involves allocating personal funds for treatment to rectify the effects caused by medical negligence.

As a result of medical negligence, serious health damage can sometimes occur. These are usually physical injuries suffered by the patient. Recovery in such situations is often not only prolonged but also costly. Therefore, the ability to assert one’s rights and seek compensation for clinical negligence is crucial. It covers not only physical injuries (pain and suffering) but also mental injuries resulting from improper treatment. This includes conditions such as stress and anxiety about medical visits or even depression.

A significant problem for professionally active individuals can be the loss of employment caused by extended recovery, which is a consequence of incorrect decisions made by medical staff. In such a situation, compensation for injury to health will cover related losses.

To determine the appropriate amount of compensation, your lawyer will examine issues such as:
• Injuries suffered due to negligence or medical error, pain and suffering caused by this incident.
• Lost income and the time you were unable to work.
• All future earnings you may lose because your prospects in the job market have changed, for example, due to injuries preventing you from returning to the same position, working the same hours, or not being active professionally at all.
• Psychological injury (stress, anxiety, depression).
• Changes needed at home and in your vehicle to adapt them to your needs.
• Expenses such as the purchase of medications, travel costs to medical facilities, and accommodation costs.
• The inability to engage in your favourite sport or hobby due to injuries.
• Your compensation will also cover the time, help, and care provided by your close friends or family after the accident.

Contents

Compensation for medical errors, health impairment in the UK

What is medical negligence?

Compensation for medical errors and negligence in the UK – frequently asked questions.

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