In 2022/23 there were over 13,500 clinical negligence claims reported to NHS England, with 99% of cases being settled before they go to court.
Although cases don’t usually make it to court, it’s still recommended to use a solicitor because of the complex nature of these claims. A solicitor can ensure you get the best outcome possible while supporting you through the process.
What is clinical negligence?
Clinical negligence, also known as medical negligence, covers avoidable malpractice, neglect, or mistakes made in clinical settings such as dentists, hospitals, and GPs such as:
- Medical accidents
- Preventable issues
- Misdiagnosis
- Incorrect medication
- Medical malpractice
Examples of clinical negligence include: if you have been misdiagnosed and given the wrong treatment; if you have had the wrong surgery performed on you, or been injured during a surgery; if your GP failed to listen to you and refer you for treatment or tests.
If you have suffered mental or physical harm as a result of receiving care that is not up to acceptable healthcare standards, or not receiving care when you should have, then you may have grounds for a clinical negligence claim.
What is the clinical negligence process?
We will speak to you to gather information and determine whether you have a case. If you do, we’ll request your medical records and start to gather the necessary medical evidence. We may then instruct a medical expert to comment on whether the GP or hospital etc. have failed in their duty of care towards you or a loved one and if that failure has directly caused you harm that could have been avoided.
Once everything has been obtained we will submit your claim and handle the negotiation.
We aim to get you the compensation you deserve, which may not make up for what you have been through, but will hopefully allow you to get some closure on the incident and move forward in your life.
What do I need to prove?
When making a claim you need to be able to show that you have been caused harm due to an avoidable issue at the hands of a particular medical professional.
Healthcare professionals from GPs to surgeons have a duty of care towards their patients. Not providing care, providing the wrong type of care, making mistakes, or being generally negligent breach this duty of care. If you can prove that you have suffered harm as a direct result of this breach then you could be entitled to compensation.
Clinical negligence cases need to prove that:
- The medical professional breached their duty of care
- This breach has caused you mental or physical harm
You will need to prove that the harm you suffered was directly due to the negligence or malpractice of the healthcare professional. This can include action or inaction i.e. doing the wrong thing or not doing something when they should have.
You will need to provide evidence of what happened, when, and show the direct link it had to the injury or harm you sustained. This can include making an existing illness worse as well as a new injury or illness.
Before making a claim, we would recommend you make a formal complaint to the hospital or GP as their response can provide useful information for the claim.
When can I make a claim?
You have 3 years to make a clinical negligence claim. This time limit can be 3 years from when the incident happened, or 3 years from when you realised or ought to have realised it happened.
Clinical negligence cases can be complicated and take some time to investigate, so we recommend you seek legal advice as quickly as possible after you realise harm has been done.
What compensation can I claim for?
The amount of compensation or ‘damages’ you can claim for will depend on the extent of your illness or injury, the effect it has on your daily life, and how it will impact your employment.
You could claim for:
- Expenses incurred such as travel for medical appointments or equipment etc.
- Medication or rehabilitation costs
- Loss of current and future earnings
- Cost of adaptations to your home
- Cost of current and future care
We will advise you what you will be able to claim for as each case is different.
How to claim for clinical negligence
Although you can make a claim yourself, we strongly recommend speaking to a solicitor so you can benefit from their knowledge and experience.
Harold Stock & Co. understand matters of clinical negligence can be traumatic and emotive and handle each claim with the individual respect it deserves.
It all starts with an email or phone call, where we will consider your individual case and recommend what to do from there. You will not be obligated to take further action after speaking to us, so there is no pressure and nothing for you to lose by having an initial chat.
Inquests
If a loved one has died in hospital or a care home under sudden or suspicious circumstances the Coroner may open an inquest into the death.
The purpose of the inquest is to determine how, when, and where the person died. This does not include establishing whether any clinical negligence has occurred, however, our clinical negligence solicitors can attend inquests in order to listen to the evidence and ask questions.
Families can attend inquests and represent themselves at the inquest if they choose, but we understand it can be an emotionally distressing experience so we can attend with you, or for you if you wish. We have extensive experience in attending inquests which will be beneficial to you, especially when considering the other party will usually have their own experienced legal representatives with them.
If the evidence shows that clinical negligence has taken place we can discuss bringing a claim against the relevant medical professional. We highly recommend using an experienced clinical negligence solicitor to ensure the case is handled in the best way because these claims can be complex.
If a loved one has died and an inquest has been called, get in touch with us today to see if we can help you. We are here to listen to you and discuss your options.
Ashley Singer specialises in both personal injury and medical negligence cases. He has spent over 27 years helping clients with complex personal injury claims and clinical negligence cases worth up to £3 million.
Get in touch with Ashley today and he’ll be happy to listen to your case and talk through your options. For more information, please visit our personal injury or medical negligence webpages.
Why choose our medical or clinical negligence solicitors
We understand that clinical negligence claims can be very sensitive and you may have sustained a life-changing injury. We are here to offer you support with any claim.
We are committed to getting you the compensation you are entitled to, especially if we need to cater for your lifelong treatment or care, and will work with you to make this happen.
