We rely on medical professionals to take care of us and our loved ones when we are unwell or injured. Most of the time, they do a wonderful job. Sometimes, though, medical treatment goes wrong. When it does, you may have the right to sue for medical negligence and recover compensation.
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What Counts As Medical Negligence?
Medical negligence, sometimes called clinical negligence, happens when a healthcare professional’s standard of care falls below what a competent practitioner in the same position would have provided, and that failure causes you harm.
The harm can be physical or psychological. It can also be financial, for example if a misdiagnosis meant you could not work, or if you had to pay for private treatment to correct a mistake made under NHS care.
Examples of situations in which you may be able to sue for medical negligence include:
- A delayed or missed diagnosis, such as a cancer that was not identified early enough.
- Surgical errors, including damage to surrounding tissue or organs.
- Incorrect medication or dosage.
- Failure to obtain proper informed consent before a procedure.
- Poor post-operative care that leads to avoidable complications.
- Mistakes during childbirth that cause injury to mother or baby.
The fact that an outcome was bad does not automatically mean negligence occurred. Medicine carries inherent risk, and not every adverse result is someone’s fault. The question is whether the professional’s conduct fell below the standard expected, and whether that caused your injury or harm.
What Do You Need To Prove To Sue For Medical Negligence?
To successfully sue for medical negligence, you need to establish three things:
- The medical professional owed you a duty of care. This is almost always satisfied once a doctor-patient or nurse-patient relationship exists.
- The medical professional breached that duty by acting in a way no reasonable professional in their position would have.
- The medical professional’s breach of duty caused the harm you suffered or made an existing condition materially worse.
The final requirement is often the hardest element to prove. You must show that the harm would not have occurred, or would have been less severe, had proper care been provided. This is why independent medical expert evidence is central to most claims.
Who Do You Sue For Medical Negligence?
Most claims in England involve NHS care, but you can also bring a claim against private hospitals, GP surgeries, dental practices, cosmetic clinics, and individual practitioners in private practice.
A claim against the NHS is handled by NHS Resolution, the body responsible for managing clinical negligence claims on behalf of NHS trusts. This means the claim is a legal process against an institution, not a personal attack on an individual clinician.
Is There A Time Limit For Medical Negligence Claims?
You have three years to sue for medical negligence. That three-year period runs from either:
- The date the negligent act or omission took place, or
- The date you first knew, or reasonably should have known, that negligent treatment caused your injury.
The date of knowledge rule matters in cases where the connection between treatment and harm only becomes apparent later, such as a misdiagnosis that is only discovered months or years down the line.
There are two important exceptions. If the person harmed was under 18 at the time, the three-year limit does not start until their 18th birthday, giving them until they turn 21 to bring a claim. If the person lacks mental capacity, the time limit may not apply at all while that incapacity continues.
If you miss the deadline, your claim will almost certainly be barred, regardless of how strong it is. Accordingly, if you think you may have grounds to sue for medical negligence, you should take advice as soon as possible.
How Is Compensation Calculated?
Compensation in medical negligence claims is comprised of two types of ‘damages’. General damages cover pain, suffering, and loss of amenity. Special damages cover financial losses, including lost earnings, private medical costs, travel to appointments, and the cost of ongoing care if your condition is long-lasting or permanent.
The value of a claim depends heavily on the severity and permanence of the harm. A claim involving a full recovery from a delayed diagnosis will generally be worth less than one involving a permanent disability.
Our medical negligence solicitors will review the circumstances of your case and give you a feel for the level of compensation you will likely receive.
How Can We Help?
Medical negligence claims are complex. They involve complicated legal principles, expert evidence, and strict procedural rules. The specialist team at Simper Law are experts in this niche area of law and will guide you through the process from start to finish. Furthermore, we offer no win, no fee arrangements so that your ability to pursue the compensation you deserve does not depend on your financial position.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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