Medical Team

UK Medical Negligence and Malpractice Claim Solicitors – The Claim Help Team

If you have suffered an injury as a result of someone's negligence, it is your legal right to seek compensation for what you've endured. Our team of UK medical negligence lawyers is on hand to offer advice, guidance, and support regarding any claim you may have.

We work on a 100% no win no fee basis and will fight to get maximum compensation for your injuries and financial losses. Please fill out our quick online claim form or call one of our friendly advisers on 0800 710 1010 to get started!

What is Medical Negligence and Why Does it happen?

What Is Medical Negligence?

Medical Negligence is defined as a departure from the normal or expected standard of care. When doctors, nurses, surgeons, and other medical professionals fail to exercise the level of care that could reasonably be expected of them under all circumstances, they may be charged with medical negligence.

The consequences of medical malpractice can be anything from minor injury and illness to permanent disability and death. Throughout all levels of treatment and procedures, you should expect certain standards to be met. These include:

  • Being treated with dignity and respect at all times
  • Being given clear information about procedures or treatments
  • Being fully consulted before any major operations or invasive tests are carried out
  • Getting Accurate diagnosis
  • Proper medical records
  • A Safe and clean working environment for staff and patients, including suitable equipment to carry out procedures or tests.

Duty of care is balanced against the patient's responsibility to inform their doctor of any pre-existing medical conditions or allergies, as well as any medication they are taking.

NHS Malpractice

NHS Malpractice

In the UK, medical care is provided by the National Health Service (NHS). While there are strict rules to ensure that NHS Trusts adhere to a certain standard when it comes to providing treatment, mistakes happen and when they do, patient safety is put at risk.

Depending on where you receive your NHS care, the party responsible for compensating those affected by malpractice could be either:

  • Your GP surgery (if it's a minor mistake)
  • The hospital trust who provide your treatment
  • A private healthcare company contracted to carry out work for the NHS. This could include hospitals, ambulances, and GP surgeons.
  • The NHS Litigation Authority – this is a government body that manages compensation claims against the NHS.

If you have been affected by medical negligence during your time in hospital or while being treated by a GP surgery, it's important to contact an experienced UK medical negligence solicitor.

Examples of Medical Negligence

Examples of Medical Negligence

  • Surgery performed on the wrong body part.
  • Surgical implements left inside a patient's body after an operation.
  • Faulty implants such as faulty hip replacements and breast implants.
  • Unnecessary surgery or treatment not given.
  • Lack of informed consent (when a patient undergoes surgery without full knowledge of the risks involved).
  • Medical records not kept up to date, leading to further procedures and treatments.

Why Does Medical Negligence Happen?

Any healthcare professional can make an error or negligence during their duties; this could be a nurse, doctor, physiotherapist, or surgeon. Errors happen for various reasons, including:

  • Lack of training
  • Too much pressure at work, causing a rush job
  • Miscommunication between healthcare professionals or patient and doctor/nurse

Regardless of the reason for negligence, the consequences can be severe. To seek compensation from those responsible, you should contact us as soon as possible on 0800 710 1010.

What to Do after a Medical Negligence Incident

What to Do after a Medical Negligence Incident

If you have suffered an injury or illness during a procedure at a hospital, GP surgery, or other medical facilities, there are steps to take following the incident:

  • 1. Make sure to get all your medical records from the institution responsible.
  • 2. Get in touch with a medical negligence solicitor who can advise you on further options and next steps. If you want to make a claim, your solicitor will need medical records to build the strongest case possible.

Contact us today on 0800 710 1010 or complete our Online Enquiry form. We are here day and night to help you make a medical negligence claim.

4 Steps to Proving a Medical Negligence Claim

1. A Doctor-Patient Relationship Existed (Duty of Care)

The doctor-patient relationship is the foundation of any medical negligence claim; if this doesn't exist, your claim will not be valid. It's important to note that this relationship does not need to be between a GP and patient; it can also include care provided by dental professionals, paramedics, or nurses.

2. The Doctor Was Negligent (Dereliction of Duty of Care)

To prove negligence, you need to provide evidence that the doctor breached their duty of care. This means they did not take the same level of care and consideration as a reasonable person in a similar professional situation would have done under the same circumstances.

Negligence may be in the form of:

  • - Errors or mistakes during medical treatment (including surgery)
  • - Not diagnosing an illness correctly
  • - Failing to warn patients of the possible side effects of drugs used for treatment
  • - Poor record-keeping and failing to inform a patient's next doctor about previous treatments

3. The Doctor's Negligence Caused the Injury (Direct Causation)

You'll need to prove the direct cause of your injury was as a result of negligence; this means proving that injuries or complications occurred due to the doctor's errors or omissions. For example, if you received an inoculation that made you ill, but it was found to have not been stored properly by a nurse prior, this may be the cause of your illness.

4. The Injury Led to Specific Damages (Proof of Loss)

To qualify for any damages from a medical negligence claim, you need evidence to prove that your injury or illness has resulted in specific losses. This might include financial losses such as loss of income if you missed work due to your injuries or time off caring for a loved one during recovery. It could also be the cost of medications and treatment, which could have been avoided if the doctor had been more careful.

Who Can I Claim Against?

Who Can I Claim Against?

An individual or their family can bring a medical negligence claim against any party who contributed to the harm they suffered, including:

  • Hospitals and GP surgeries
  • Nursing homes and residential care facilities
  • Pharmaceutical companies (manufacturers of drugs)
  • Doctors and other medical professionals
What Evidence Is Important in a Medical Malpractice Case?

What Evidence Is Important in a Medical Malpractice Case?

You will need to provide all records related to the medical treatment given. This could include:

  • Hospital admissions documents
  • Treatment notes from the doctor or other medical professional involved
  • Receipts for medications given
  • Doctor's records of surgery performed
  • Surgery, hospital records, and X-rays
  • Correspondence with the hospital or other medical professional
  • Hospital Patient safety reports
  • Patient satisfaction surveys and complaints
  • Nurse's notes regarding patient's progress during treatment
  • Doctor's notes regarding your condition at discharge from hospital(s) and/or another care facility
  • Medical bills resulting from the injury
  • Death certificate or autopsy report
  • Insurance company correspondence
  • Photographs of the injured person before and after the incident
What Damages Can I Claim?

What Damages Can I Claim?

If you win your case, the court might order one or more of the following types of damages:

  • Financial compensation for past and future medical treatment.
  • Lost wages due to work absences or injuries that have changed your ability to work.
  • Loss of earning capacity due to lower quality of life resulting from the injury, illness, or death.
  • The cost of medication/treatment given by another doctor due to an error made by the original doctor leads to the negligence claim.
  • Death - Grievous bodily harm resulting in death, wrongful death, or survivor's damages.
Types of Medical negligence

Types of Medical Negligence Claims

  • Amputation Negligence Claim
  • Anesthetic Negligence Claim
  • Birth Injury Claim
  • Cosmetic Surgery Negligence Claim
  • Fatal Medical Negligence Claim and Inquests
  • Hospital Negligence Claim
  • Nursing Home Negligence Claim

Other Types of Claims

  • Accidents and Emergency Claim
  • Anaesthetic Accidents Claim
  • Amputation Negligence Claim
  • Birth Injury Claim
  • Bowel Cancer Claim
  • Brain Injury Claim
  • Breast Cancer Claim
  • Breast Implants Claim
  • Cancer Misdiagnosis Claim
  • Care Home Negligence and Neglect Claim
  • Cauda Equina Syndrome Claim
  • Cerebral Palsy Claim
  • Cosmetic Surgery Claim
  • Defective Medical Device Claim
  • Dental Negligence Claim
  • Diabetes Claim
  • Failure to Prevent Suicide Claim
  • Fatal Medical Negligence Claim and Inquests
  • GP Negligence Claim
  • Gynecology claim
  • Hospital Negligence Claim
  • Knee replacement and knee surgery Claim
  • Medical Misdiagnosis Claim
  • Meningitis Misdiagnosis Claim
  • Ophthalmic Negligence Claim
  • Pregnancy and Gynaecology Injury Claim
  • Sepsis Negligence Claim
  • Stroke Misdiagnosis Claim
  • Surgery Compensation Claim

*The above are an example of only some of the types of cases that we have experience of dealing with. If you have a different problem please ask.
*The information given is intended as basic guidance and is not a substitute for taking legal advice from an expert clinical or medical negligence lawyer.

How Long Does A Medical Negligence Claim Take

How Long Does a Medical Malpractice Case Take?

Typically, a straightforward medical negligence claim takes 18 months to 2 years to resolve if the circumstances are clear and liability is admitted. A medical malpractice lawsuit can take anywhere from 3 to 4 years before settling.

You should file your claim no later than 3 years from the day of alleged medical negligence.

What Is the Average Payout for Negligence?

The average NHS negligence compensation is about £50,000, according to the National Health Service Litigation Authority. This figure includes patients who suffered from delayed diagnosis, wrong treatment, and poor care.

What Are the Defenses to Negligence?

What Are the Defenses to Negligence?

A defendant in a medical negligence claim might deny that harm occurred or that they were responsible.

For example, a doctor could defend a claim of wrongdoing by saying the injury was unavoidable due to an undiagnosed pre-existing condition. Alternatively, if there's a question about how much care should have been given, this also could lead to a defense. It's possible that this situation won't be determined until after the case goes to trial.

Defenses could include:

  • The patient was at fault (contributory negligence) for the harm they suffered due to their actions or inaction.
  • The defendant is immune from liability (such as if the doctor was acting within his/her scope of practice at the time of injury)
  • The patient unreasonably failed to mitigate their damages
  • The statute of limitations expired before the patient filed their claim
  • Comparative negligence - Non-economic damages are reduced based on the percentage of each party is responsible for causing the harm
  • Assumption of risk - The patient assumed the risk of their injuries when they agreed to treatment
No Win No Fee

Medical Negligence Claims: No Win No Fee

If you have suffered injury or illness that may have been caused by medical negligence, our skilled medical malpractice and negligence attorneys are waiting to help. We can assess your case, advise you of your chances of success and guide you through the claims process if appropriate. We also offer medical negligence and malpractice defense to healthcare providers who are wrongfully accused.

No Win No Fee* means that if we cannot get compensation for you, there will be no fee for our work performed. Call us today on 0800 710 1010 or fill in the form on the right to get a free medical negligence claim review.

Claim Help Medical Team

Medical Malpractice Claims

Whether your health care professional was at fault for an incorrect or delayed diagnosis, surgical error, or medication mistake, we can fight for the financial recompense that will enable you to pay your bills and begin the process of recovery. We will help you understand your case and advise whether it is best suited for a lawsuit or an out-of-court resolution.

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Motor Vehicle Accident Claims

Were you or a loved one hurt in a car crash, truck accident or in a motorcycle collision? Our lawyers can help ensure that your claim is handled quickly and efficiently so that you can get on with your life. We aim to provide exceptional legal services at an affordable cost.

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Claim Help Work Team

Workplace Injury Claims

If you have been injured at work due to someone else's negligence, you may be able to receive compensation for your injuries, lost wages, and ongoing disability. We have helped hundreds of workplace injury victims recover the financial compensation they need to pay their bills and achieve some sense of closure. Leave it to us to take care of all the details – we will deal with the insurance company and ensure that your claim is handled quickly and efficiently so you can rest easy.

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Claim Help Injury Team

Personal and Bodily Injury Claims

Have you been physically or psychologically injured due to somebody else's negligent behaviour? We can help ensure that your claim is handled quickly and efficiently so you can recover the financial compensation you need to move on. It doesn't matter if it was a car crash, slip and fall, sexual assault, or other personal injuries – we will fight for you to get the justice you deserve.

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