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

Are you unsure if you have a valid claim for negligence? Do you need assistance in verifying the truth of your claim? Were you truly a victim of wrongful treatment? Before you reach out to a negligence lawyer to take legal action against a healthcare provider, you may want to be certain that you have been a victim of medical negligence. 

It is also important that you’re aware that not all medical malpractice cases are enough to warrant a claim. You must have suffered an injury or complication as a result of the injury for you to make a claim.

Here are some signs that may indicate potential negligent medical care, providing validation for your concerns;

1. You Suffered Avoidable Injuries Or Complications Following Your Treatment: You expect to feel better after receiving treatment but this is not always the case. The mistakes of your GP, nurse, surgeon or other healthcare professional can cause you to suffer harm, trauma or complications which may need longer time to recover from or which may lead to lifelong disabilities.

Therefore, if you or your loved one has suffered unnecessary physical or psychological damages following your treatment, you may have a medical negligence case.

2. You Suffered From Surgical Mistakes: This is obviously a case of medical malpractice. There are different forms of surgical injuries you may suffer which could lead you to make a compensation claim. Some are surgical errors which should not even happen and are known as “Never Events.” 

Examples include- surgery on the wrong body site, wrong surgery, retained instruments or contracting an infection following a surgery.

If this is the case with you or your loved one, you may have a clinical negligence claim. Reach out to us for advice and legal help.

3. Your Consent Wasn’t Sought: Before undergoing any medical procedure including surgeries, your doctor has to explain what the procedure entails. This includes any risks, benefits or potential complications as well as chances of success of the procedure. This is so that you know exactly what you are facing and if you want to go through with the whole process of not.

Lack of informed consent here refers to ;

• Your doctor performing a procedure on you which you did not agree to.
• Your doctor failing to give you the full details of the treatment plan or procedure and had they done that, you would have refused or made another choice.

However, you would only be able to make a claim in such a case if you suffered harm.

4. You Are Not Getting Better Even With Your Treatment: While on treatment, ideally you should be showing signs of improvement. But if the treatment prescribed is not helping you get better, there could be a chance that you have been misdiagnosed and therefore receiving the wrong treatment for your ailment.

This is really a serious case as you could either become sicker and may never make a complete recovery. When the right treatment is delayed, it increases the recovery time and may even need a more serious procedure to treat due to the complications that may have happened before the misdiagnosis was identified.

5. A Medical Staff Admitted To Being At Fault: While this can be quite a rare occurrence, a member of the medical staff that attended to you may open up on being at fault or negligent in his or her duty to care for you resulting in the injury you or your loved one suffered. This is most likely a case of medical negligence.

Other scenarios that could tell you if you have a case of medical negligence include-

• If you develop new symptoms while on treatment
• Your doctor isn’t addressing your concerns
• Delays in commencing treatment or referring you to a specialist for expert care, etc.

Contact Us for Legal Assistance Today 

Every patient is owed a duty of care by his or her doctor or other healthcare professional under whose care he is. Should you or your loved one experience substandard care, negligent treatment, you may have a case for medical negligence.

All you have to do is to contact us via our helplines, request a callback or fill out our free online forms to reach out to us. We have a free chat session where we will discuss your claims and if we are convinced that you have a valid claim, we put you through to our partnered medical negligence solicitors who will handle your potential claim. 

As determined by them, your case may be handled under a no win no fee policy, which ensures that you can make your claims without having to bother about paying upfront legal fees.

Contact us 0800 644 4240 as soon as you can as you have a limited time to make your claims.

How do I make a negligence claim against a hospital?

As a patient or loved one of a patient who has experienced hospital negligence, you may be wondering what your options are for seeking justice and compensation. Hospital negligence can have serious consequences, including prolonged suffering, disability, and even death. 

In this guide, we will provide you with a comprehensive overview of hospital negligence claims, including the types of negligence, signs to look out for, steps to take when experiencing negligence, and tips for ensuring a successful claim. 

Introduction to Hospital Negligence Claims

Hospital negligence claims are a type of medical malpractice lawsuit that can be filed against a hospital or medical facility. These claims arise when a patient suffers harm or injury due to the negligent actions or omissions of hospital staff, such as doctors, nurses, or other healthcare professionals. Examples of hospital negligence can include misdiagnosis, delayed diagnosis, medication errors, surgical errors, infections acquired in the hospital, and failure to provide appropriate follow-up care. In order to file a successful hospital negligence claim, the plaintiff must prove that the hospital and/or its staff breached their duty of care to the patient, that this breach caused the patient harm or injury, and that the patient suffered damages as a result. Hospital negligence claims can be complex and require significant expertise in medical malpractice law. It is recommended that patients seek the advice of a solicitor who specializes in this area of law to determine if they have a valid claim and to guide them through the legal process.

Types of Hospital Negligence

There are many types of hospital negligence, and they can have serious consequences for patients. One common form of negligence is misdiagnosis, which occurs when a healthcare provider fails to correctly diagnose a patient's condition. This can lead to inappropriate treatment, delayed treatment, or no treatment at all. Misdiagnosis can result in serious harm, including disability and death.

Surgical errors are another form of hospital negligence. These can include errors during surgery, such as leaving a foreign object in the patient's body, as well as errors during pre-operative and post-operative care. Medication errors, such as prescribing the wrong medication or dosage, can also have serious consequences for patients.

Signs of Hospital Negligence

If you or a loved one has been a victim of hospital negligence, there are signs to look out for. These can include unexpected complications, prolonged recovery times, and new or worsening symptoms. Sometimes, patients may not even be aware that negligence has occurred. It is important to keep detailed records of your medical treatment, including any conversations with healthcare providers and any medications you have been prescribed. This can be helpful in identifying signs of negligence and building a case. In addition, it is important to seek the advice of an experienced medical negligence solicitor as soon as possible.

Steps to Take When Experiencing Hospital Negligence

If you suspect that you or a loved one has been a victim of hospital negligence, there are steps you can take to protect your rights and seek compensation. The first step is to document any signs of negligence, including any conversations with healthcare providers and any medications you have been prescribed.

Next, you should seek the advice of an experienced medical negligence solicitor. A solicitor can help you understand your legal rights and options, as well as guide you through the claims process. In addition, a solicitor can help you gather evidence and build a strong case.

Making a Negligence claim against the Hospital

Making a negligence claim against the hospital can be a complex process, and it is recommended that you seek the advice of a solicitor who specializes in medical malpractice cases. However, here are some general steps that may be involved in making a negligence claim against a hospital:

• Gather evidence: Collect any documentation related to your treatment, such as medical records, test results, and bills. This information will help you build a case for negligence.
• Consult a Solicitor: A solicitor who specializes in medical malpractice can help you determine if you have a viable claim and can guide you through the legal process.
  
• Notify the hospital: Notify the hospital in writing of your intention to file a claim for negligence. Include a detailed description of what happened and how you were harmed.
  
• File a claim: Once you have notified the hospital, you can file a claim with the appropriate agency or court. Your solicitor can help you determine the best course of action.
  
• Prove negligence: In order to win a negligence claim against a hospital, you will need to prove that the hospital had a duty of care to you, that it breached that duty, and that the breach caused your injury or harm.
  
• Seek compensation: If you are successful in your claim, you may be entitled to compensation for damages such as medical expenses, lost wages, and pain and suffering.

It is important to note that the process of making a negligence claim against a hospital can be lengthy and complex. It is important to work with an experienced solicitor who can help you navigate the legal system and protect your rights.

What to Expect During the Claims Process

The claims process for hospital negligence can be lengthy, and it is important to be prepared for what to expect. Your solicitor will guide you through the process and inform you of any updates. During the claims process, you may be required to undergo an independent medical examination. This is an examination conducted by a healthcare provider who is not affiliated with the hospital or healthcare provider responsible for the negligence. The purpose of the examination is to evaluate your injuries and determine the extent of the harm caused by the negligence.

How Much Compensation for NHS Negligence?

The NHS is one of the best healthcare systems in the world. Its staff and medical professionals usually maintain a very high standard of care when dealing with patients. However, there are times when this standard falls below what is acceptable and is considered negligence. If you have been a victim of NHS negligence and suffered harm as a result, you may be entitled to a claim for NHS compensation.

WHAT IS NHS NEGLIGENCE?

NHS negligence is a term that describes when a patient has sustained an injury, illness or their condition has been made worse while under the care of medical professionals at the NHS. Examples of NHS negligence include:·

• Failing to warn a patient about the risks of a procedure;
• Failing to seek patient consent;
• Administering the wrong medication;
• Misdiagnosing a condition;
• Surgical Negligence

If you have been injured as a result of NHS negligence, you may be wondering how much your NHS claim could be worth. While this is difficult to determine, it is an important consideration; you need to know whether suing the NHS and seeking compensation is the right call for you. Before our specialist NHS solicitors can give you an idea on what to expect, they must be able to determine the nature of the negligent treatment as well as its impact on your life.

Usually, compensation payments for medical negligence claims are made up of two parts:

General Damages: General damages compensate for the physical impact of the negligent treatment, as well as the pain and suffering you have endured. In this case, the nature and severity of your injury as well as its long-term impact will determine how much compensation you will be awarded.

Special Damages: Special damages compensate for the financial losses you have incurred as a result of NHS negligence. It covers the cost of out of pocket expenses such as cost of your medical care from the date of injury, loss of earnings and travel costs (medical appointments for your injury).

TIME LIMITS FOR MAKING NHS NEGLIGENCE CLAIMS FOR COMPENSATION

To increase your chance of success, it is important that you seek advice from specialist NHS solicitors as soon as you suspect you have suffered an injury due to medical negligence .

There is a strict three-year time limit which begins from the date of your injury or the date it is linked to medical negligence. But proving NHS negligence is always easier when investigation and evidence gathering can be done right away.

The average duration for the resolution of medical negligence claims is usually between 15 and 18 months, so start today by contacting us for legal advice against the NHS. Our solicitors will arrange for a free, no obligation consultation to determine whether you can make a claim.

Suing a Hospital for Medical Negligence

When you go to a hospital, you expect to receive quality healthcare that makes you feel better as soon as possible. In the vast majority of cases, this is the reality and patients in the UK usually receive a high level of care from expertly qualified medical professionals with the right skills and experience. Sadly, however, this is not always the case. There are times when an act of incompetence or medical negligence on the part of a health professional at a hospital can cause further injury or illness for a patient.

At Medical Negligence Direct, our specialist medical negligence claims solicitors help victims of hospital negligence secure compensation they need and deserve. Our medical negligence solicitors handle the claims process on your behalf, in order to make it as hassle-free and straightforward as possible so you can get your life back on track.

AM I ENTITLED TO A HOSPITAL NEGLIGENCE CLAIM?

There are many reasons why people decide to pursue medical negligence claims against a hospital. These include:·

• Inadequate or unsafe surgical procedure
• Administering the wrong medicine or prescribing an incorrect dosage
• Delayed or missed diagnosis
• Misdiagnosis Claims
• Birth injuries
• Retained foreign objects after surgery
• Failing to sanitize medical instruments/equipment
• Wrongful death of a loved one

The medical negligence claims process is often very complex and suing a hospital for negligent treatment may feel daunting. You need to prove that the injury or illness you suffered was as a direct result of the negligent treatment you received. As a result, it is important that you keep records of your medical appointments as well as other documents relevant to your care. There is a general three-year time limit for medical negligence claims in the UK; this time limit begins from the date of the hospital negligence or the date you became aware your injury was a result of negligent treatment.

HOW DO I SUE A HOSPITAL FOR MEDICAL NEGLIGENCE?

If you believe you have been a victim of hospital negligence and are considering suing a hospital, you should gather as much supporting evidence as possible. This may include notes, telephone records, and your detailed account of circumstances surrounding the care you received.

When you get in touch with us, our medical negligence solicitors will discuss details of your case and let you know whether you have valid grounds for a claim. We do not charge you for the legal representation we provide as your claim will likely be funded via a No Win No Fee agreement. Under this arrangement, you will be able to pursue a hospital negligence claim at no financial risk to you. We will only deduct 25% of your compensation if your claim is successful.

How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

• At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
• Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
• Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
• The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
• If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

NHS Complaints Procedure Compensation Guide

The NHS has a comprehensive complaints procedure which allows patients who believe they have received poor medical care to formally express their concerns.

Making a Complaint at the NHS

If you are unhappy about the standard of care you received at the NHS, you have the right to make a NHS Claim. The first step should be to make an informal complaint by speaking directly to the medical professional or management responsible for the care or treatment your received. You can lodge a formal complaint if this is unsuccessful.

Making an Informal Complaint – What is PALS?

A Patient Advice and Liaison Service (PALS) is typically the first port of call when it comes to making an informal complaint about an NHS service. PALS is usually based in the local hospital where you received treatment and offer confidential advice and support. If they cannot resolve the issue, they will advice you on the process involved in lodging a formal complaint.

Making a Formal Complaint

If you are still dissatisfied or PALS cannot help with your concern, you can make a formal complaint. Every NHS service has a comprehensive complaints procedure, which can be found in the building where you received the medical care. You can also find details online or from members of staff. A formal complaint can be made verbally (speaking to the NHS service responsible for your care), in writing or via an email. But if your complaint is about primary care services, contact NHS England.

Who Can Make a Complaint?

Anyone who has been affected by negligent treatment while under NHS care can make an official complaint about the NHS. This also includes patients who received treatment in private hospitals funded by the NHS. You can make a claim against the NHS on behalf of a patient who has suffered injury due to Medical Negligence, so long as you have the patient’s consent.

What Can I Complain About?

An NHS complaint can be made based on a broad range of reasons. Some of the main complaints include:

• Incorrect diagnosis/treatment
• Delayed diagnosis/treatment
• Misconduct of an NHS staff
• Failed medical equipment
• Discrimination and confidentiality issues
• Negligence leading to injury

What Happens After You Have Made a Complaint?

The NHS Complaints Procedure Compensation typically requires an acknowledgement of a complaint to be made within 14 days, but you will usually receive the acknowledgement within 3 days. The amount of time taken to respond to your complaint will largely depend on the nature of your concern and the investigations required to provide a comprehensive response. The letter of acknowledgement will indicate how long it will take for investigation to be made into your concern and when you can expect an outcome.

Making a Compensation Claim After a Complaint

If the NHS admits liability after investigating your complaint, you may be entitled to a compensation claim. For a successful medical negligence claims, you must be able to prove that there was a breach of duty (the medical professional is liable) and causation (you suffered harm as a direct result of the medical professional’s actions). Thus, making a complaint can be very useful if you are considering starting a claim. Even if you do not receive any apologies or no admission of liability is made, a complaint can help your Medical Negligence Solicitors when evaluating different aspects of your case.

How to Sue the NHS for Delay in Treatment?

When it comes to diagnosis and treatment of a medical condition, time is an invaluable asset. If promptly identified, with advancements made in medicine, patients now stand a better chance of making a full recovery or living a pain-free life. Without doubt, the earlier an illness or injury is diagnosed, the sooner medical professionals can begin treatment. If treatment is delayed for any reason, the patient could suffer long-term complications and may be able to sue the NHS.

Generally speaking, the quality of care administered by the NHS is excellent. However, mistakes happen occasionally, leaving patients to struggle with life-altering injuries. If you have suffered an injury or illness as a result of delayed treatment by the NHS compensation can help you cover costs of your care.

Making a Complaint to the NHS

If you have been a victim of delayed treatment due to NHS negligence, making a complaint to the NHS is a good way to start. While the NHS complaints procedure does not result in financial compensation, it can help you learn about what went wrong and enhance your chances of making a claim against the NHS.

How Can I Sue the NHS for Delayed Treatment?

To make successful claims against the NHS, you must demonstrate and prove duty of care, breach of that duty, causation/negligence and damages.

• Duty of care/breach of duty
First, you must prove that the NHS owed a duty of care towards you to protect your health and provide prompt and adequate treatment. The next step is to show that the medical professional responsible for your treatment failed to deliver the standard of care expected of a medical expert in the same field.
• Causation
You need to prove that there was a direct link between the negligent treatment you received and the injury or illness you suffered.
• Damages
This stage involves quantifying the financial settlement you should receive for the injury, pain and suffering you have incurred due to Medical Negligence. If you have reduced your work hours, quit work completely and/or are unable to continue working as you used to, you may be entitled to make NHS negligence claims for lost earnings as well as future lost income. This is in addition to compensation that covers your ongoing and future needs.

Making a Claim Against the NHS

If you think you have suffered an injury or illness as a result of delayed treatment at the NHS, do not hesitate to contact us. The panel of NHS Solicitors we work with will assess details of your case and let you know whether you have a reasonable chance of success. If you do, we will help you provide legal advice against the NHS to enhance your chances of success and make a No Win No Fee claim against the NHS on your behalf.