Medical Negligence Claims

Medical Negligence FAQs

Below are answers to some commonly asked questions about medical negligence claims.

1. What is medical negligence?

Medical negligence (otherwise known as “Clinical Negligence”) occurs when a healthcare professional provides treatment which falls below the required standard of care, resulting in harm to the patient.

2. What are the different types of medical negligence?

Medical negligence can take many different forms, including misdiagnosis, delayed diagnosis, incorrect treatment, surgical errors, medication errors, birth injuries, failure to warn of risks or side effects, or failure to refer to a specialist when necessary.

Misdiagnosis is one of the most common types of medical negligence and occurs when a doctor fails to correctly diagnose a patient’s condition or illness, leading to a delay in treatment or the wrong treatment being administered. Surgical errors can include errors made during the surgery itself, such as operating on the wrong body part or leaving surgical instruments inside the patient, and also for errors during the consent process.

3. How do I know if I have a case for medical negligence?

If you have suffered harm due to substandard medical care, you may have a case for medical negligence. You would need to be able to demonstrate that the treatment provided to you fell below the standard expected of a reasonably competent medical practitioner, and that you suffered additional injury or harm as a result of this treatment.

4. What should I do if I believe I have been a victim of medical negligence?

You should seek legal advice as soon as possible. At Ellisons, our specialist medical negligence solicitors can help you determine whether you have a case and guide you through the legal process. As part of our investigation, we will help gather evidence, such as medical records and independent expert opinions, to support your claim.

5. How long do I have to file a medical negligence claim?

In the UK, you generally have three years from the date of the negligence or from the date on which you became aware of the substandard treatment to issue court proceedings. However, we would always urge you to seek legal advice as soon as possible to ensure there is time to fully investigate your treatment before the expiration of the limitation period.

6. What types of compensation can I receive?

If your claim is successful, you may receive compensation for:

• Pain and suffering
• Loss of earnings
• Medical expenses
• Travel expenses
• Care costs
• Future treatment needs and long-term financial losses

7. Can I claim for medical negligence if I signed a consent form?

Signing a consent form does not mean that you have given up your right to make a medical negligence claim. In some cases, the risks of the procedure may not have been fully explained to you, or the injury that has occurred may be completely unrelated to the risks explained prior to undergoing treatment. The important factor will be whether or not the treatment was carried out with an appropriate level of care and skill.

8. Who can be held liable for medical negligence?

Healthcare professionals, hospitals, clinics, and ambulance trusts can all be held liable for medical negligence. Generally, where a patient received care in hospital, the claim would be against the NHS Trust, who is vicariously liable for the actions of all employees at that specific hospital. Claims against GPs, private doctors, and dentists are generally brought against the individual clinician, as they are often acting on a self-employed basis and will hold individual indemnity insurance for their actions.

9. How much does it cost to instruct a solicitor for a medical negligence claim?

The cost of instructing a solicitor for a medical negligence claim will vary depending on the circumstances of the case. You may already have some existing insurance to cover your legal costs, or, alternatively, we can offer a Conditional Fee Agreement (often referred to as “No Win, No Fee”), which means you won’t have to pay any costs if your claim is unsuccessful.

10. What is the average settlement for a medical negligence claim?

The amount of compensation awarded for medical negligence claims can vary widely depending on the specific circumstances of each case. As set out above, if your claim is successful, you can claim damages for your pain and suffering, financial losses already incurred as a result of the negligence, and losses that you are likely to incur in the future as a result of your injuries. These amounts are unique to each client and will vary considerably.

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