Whenever we see a medical professional with an issue, we hope it’ll be solved in the simplest, quickest, and safest way possible. We often get the help we need and leave happier and healthier. However, on some occasions, it doesn’t work out so well. In those situations, we must ask ourselves if we can sue for medical negligence.
Medical negligence, also known as clinical negligence, occurs when a healthcare professional fails to provide the expected standard of care, resulting in harm to the patient. If you or a loved one has suffered due to medical negligence, you may have the right to claim compensation.
Contact PR Scully today by calling 0161 768 317 or request a callback through our website, and we can check to see if you have grounds for medical negligence claims.
Understanding medical negligence
Medical negligence involves situations where a medical professional, such as a doctor, nurse, or surgeon, breaches their duty of care to a patient. This can occur in both NHS and private hospitals, and examples include:
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part.
- Delayed Diagnosis: Failure to diagnose a condition promptly, leading to worsened outcomes.
- Medication Errors: Prescribing or administering the wrong medication, resulting in adverse effects.
- Birth Injuries: Harm caused to a baby or mother during childbirth due to negligence.
If you believe you have been affected by any of these issues, you may consider pursuing a medical negligence claim.
Can you sue the NHS for medical negligence?
Yes, you can sue the NHS for medical negligence, as well as a private hospital. Whether you were treated by the NHS or in a private hospital, you have the right to seek compensation if you have suffered harm due to substandard care.
It is important to know that the clinical negligence claims process can vary slightly depending on whether you are trying to sue the NHS or private hospitals. The medical records needed may differ slightly when handling NHS negligence claims, or you may need to gather evidence during a lengthy process. Whatever the requirements, you will need the assistance of highly knowledgeable medical negligence lawyers to help with your clinical negligence claim.
The process of making a medical negligence claim
The process for making a compensation claim for medical negligence can be a complex one. To take legal action against the negligence of medical professionals, you need to be able to do a list of things such as:
1. Gathering Evidence:
- The first step in a medical negligence claim is to gather all the evidence. This includes relevant medical records, witness statements, and any documentation related to your treatment. Medical negligence lawyers can assist you in obtaining and reviewing these records. In cases of personal injury or surgical error, getting seen by other healthcare professionals as proof of how the initial negligence has impacted you may also be necessary.
2. Legal Representation:
- Engaging with experienced medical negligence solicitors is crucial. These legal experts specialise in handling NHS and private hospital negligence claims and can guide you through the claims process, from initial consultation to court proceedings if necessary.
3. Claiming Compensation:
- The compensation you can claim depends on several factors, including the severity of the harm suffered, medical expenses incurred, and any financial losses. Compensation is typically divided into two categories:
- General Damages: For pain, suffering, and loss of amenity.
- Special Damages: For specific financial losses, such as lost earnings and medical costs.
4. Court Proceedings:
- If the NHS or the healthcare provider does not accept liability, the case may proceed to court. Here, your legal team will present all the evidence, including expert medical opinions, to support your claim.
Suing the NHS: what you need to know
When suing the NHS, the process involves additional steps. NHS negligence claims are usually handled by a specific team within the NHS, and the process can be lengthy. However, many claims are settled out of court, meaning you may not need to go through a full trial.
- Time Limits: There is typically a three-year time limit to bring a medical negligence claim, starting from the date of the incident or the date you became aware of the harm. In cases involving children, this time limit does not begin until the child turns 18.
- Legal Costs: Many medical negligence solicitors offer a “no win no fee” arrangement, meaning you only pay legal fees if your claim is successful. This arrangement can include a “success fee,” which is a percentage of the compensation awarded.
Following the correct path, your NHS negligence claim has a much better chance of success.
With a hospital negligence claim, your hospital negligence solicitors can guide you on any medical negligence claims you want to submit.
How much compensation can you expect?
The amount of compensation in a medical negligence claim can vary widely. For minor injuries, the compensation might be a few thousand pounds, more severe cases, such as those involving birth injuries or significant surgical errors, can result in much higher payouts. The average payout depends on the specifics of each case, including the long-term impact on the patient’s health and quality of life.
The role of medical negligence solicitors
Having the right legal representation is essential for a successful outcome. Medical negligence experts have the knowledge and experience to navigate complex legal processes, handle NHS responses, and negotiate settlements. They will also advise on the strength of your case and guide you through each step, ensuring that you have the best chance of receiving the compensation you deserve.
Pursuing a medical negligence claim
Pursuing a medical negligence claim is a serious decision that can have significant financial and emotional implications. If you believe you have suffered harm due to the negligence of a medical professional, it is crucial to act promptly and seek legal advice from clinical negligence solicitors who specialise in this area.
The claims process can be complex and lengthy, but with the right support and evidence, you can achieve a successful outcome and secure compensation to cover your losses and medical expenses. Whether dealing with a minor injury or a more serious case involving life-threatening conditions, understanding your rights and the legal process is the first step towards justice.
Leading medical negligence solicitors in the UK
PR Scully, based in Manchester, is one of the foremost law firms in the North West of England. Established in 1999, the firm serves clients throughout the UK, recovering over £6 million annually in compensation.
Contact us from anywhere in the UK to determine whether you should pursue a medical negligence claim today.
P R Scully & Co Solicitors Limited
166 Chaddock Lane,
Worsley,
Manchester,
M28 1DF
0161 768 3175