Medical negligence compensation claim solicitors.
If you have been unfortunate to be injured, or suffer an illness as a result of medical negligence, in the last three years, then our medical negligence solicitors are here to offer you advice, and assistance on a no win no fee basis.
From medical misdiagnosis, delayed diagnosis, using faulty medical equipment, or simply not using the appropriate care and attention when performing an operation, our specialist medical negligence solicitors will accept instruction, on a No Win No Fee basis, with no financial risk to you.
What is a medical negligence claim?
Let’s start as we mean to go on, and be honest from the word go- the majority of the time, the NHS do a wonderful job, in a busy environment, and we are lucky to have some of the best health care in the world. But nothing in this world is perfect, and the NHS, and the person on reception, the doctors, nurses, surgeons and pharmacists employed by the NHS, have been known to make some glaring errors.
What we have to remember, is that the NHS isn’t free. We actually all pay for the NHS treatment we receive as a result of the NHS being largely funded from taxing our wages, National Insurance payments and from fees levied in accordance with recent changes in the Immigration Act 2014. The Department of Health had a £110 billion budget in 2013–14, most of this being spent on the NHS. With this in mind, whilst we are the first to recognise the good work the NHS professionals do, if you have suffered an injury, whether it’s life changing or not, then why should you not make a claim for the losses you or your family have suffered, including a claim for personal injury, the cost of surgery to repair the negligent treatment, any earnings you have lost for being off work, care costs, travel expenses, and so forth.
We asked the question, what is a medical negligence claim? The list of mistakes that general practitioners and doctors and nurses make is a varied as each and every one of us, and to list examples of medical negligence cases our medical negligence solicitors have settled in our clients’ favour, would take all day. Many of the negligence matters our medical negligence solicitors have settled arise out of medical misdiagnosis, such as the failure to stop the first signs of cancer, or failure to acknowledge the early signs of appendicitis, until it’s too late, and the body is poisoned when the appendix has burst.
Other cases our medical negligence specialists have settled arise out of the improper use of treatment, this being proven to be because of the lack of experience of the operating surgeon, in not checking a full complement of the surgical tools were in theatre, before operating, or plain old faulty equipment being used by surgeons that has pumped hot water onto our client during a surgical procedure, thereby causing our client to sustained third degree burns.
Whilst not an exhaustive list here are just some examples of the medical negligence, or indeed, as some legal practitioners may be call, it, instances of clinical negligence, that our clients have suffered injury because the of the negligent actions of an NHS healthcare provider:
failed to diagnose a medical condition or made the wrong diagnosis;
made a mistake during a procedure or operation;
gave you the wrong drug;
didn't get your informed consent to treatment;
didn't warn you about the risks of a particular treatment;
used faulty, or the wrong equipment when performing surgery on you;
didn’t perform an MRI Scan to diagnose an illness;
failed to correctly read your medical notes;
failed to seek assistance, supervision, clarification or guidance;
improper use of drugs or prescribing the wrong amount of medication.
So now we know the sort of mistakes that are classed as being negligent, how is negligence in a medical negligence case, proved?
There are three elements to any personal injury claim, and medical negligence claims against the NHS, doctors, dentists and indeed, any other medical practitioner, are no different.
In order to pursue a successful claim for medical negligence compensation, you must show that the medical practitioner, any employee of the NHS, or medical practice, owed you a duty of care, and that they have fallen below a required standard when rendering that care to you. Just so you know, medical practitioners, and those employed by the NHS, or private medical practices, always owe you a duty of care. From the receptionist, to the surgeon carrying out a medical procedure, or the pharmacist handing you your prescription, if they give wrong advice, or get anything wrong, then they can be deemed to have acted negligently, if their service fell below that of and if that negligence resulted in you sustaining an personal injury, be it psychological, or physical, then that is the basis to bring a successful claim for medical negligence compensation.
In the United Kingdom, the standard of care required successfully to pursue a claim for medical negligence derives from the case of Bolam v Friern Hospital Management Committee (1957). The court in Bolam stated that a medical practitioner is deemed to have acted negligently towards a patient if they have acted in a manner the others in the same field, this being medical professionals, would deem unacceptable. To put it another way, to defend a medical negligence claim brought against them a medical professional must show that they have acted in a way that a responsible body of medical professionals in the same field would regard as acceptable. The test is essentially a peer review of the doctor's behaviour - if others would have acted in a similar way, then the doctor is unlikely to have breached his duty of care.
The case of Bolam was ever so slightly refined in the case of Bolitho v City and Hackney Health Authority , where the court narrowed the scope of the Bolam ‘ test, stating that the court must be satisfied that the body of opinion relied upon has a logical basis. So Bolam still stands, except when “a judge can be satisfied that the body of expert opinion cannot be logically supported at all”.
At MG Legal, our expert medical negligence solicitors are a straight -talking, down to earth team who will firstly, make you feel at ease, and secondly, walk you through the process of bringing a successful medical negligence claim, on a no win no fee basis. We know that most people don’t want to be bringing a claim against their medical practitioner, but that the injury compensation you receive will help you get on with your life, add closure to the matter, and assist you financially. If you have been injured, physically, or psychologically, by a medical practitioner, then you have a right to pursue a claim for medical negligence compensation.
Can I claim for medical negligence against my GP?
Yes, you can. A medical negligence claim (sometimes known as a clinical negligence claim) occurs when a patient brings a claim for personal injury against their medical practitioner or hospital (or both) for compensation due to an act or acts of negligence incurred during their medical treatment, that have caused physical, or psychological injury. To make matters easier for those injured by medical negligence, the way in which medical negligence claims against GPs are handled, changed on the 1st April 2019. Whereas previously GPs would have to arrange their own insurance against medical negligence claims, now, for work they conduct through the NHS, they will be covered by the NHS’s own insurance.
For people unfortunate enough to be affected by GP medical negligence, the changes will bring several benefits. NHS Resolution, the organisation which deals other claims against the NHS, will now also handle claims made against GPs for work they carried out through the NHS.
Why should I bring a medical negligence claim?
When you start a claim for medical negligence, against a GP, working under the NHS, or an NHS surgeon, the NHS use your complaint to gather data, find out what went wrong, and research matters in order to see where they went wrong, and put procedures in place to stop what happened to you, happening to someone else. For example the NHS have stated that they are collaborating to help improve services and reduce the risk of things going wrong. In maternity, the clinical area with the single biggest cost of claims, they are supporting the national ambition to halve maternal and neonatal deaths and significant harm through early notification of incidents, including medical negligence claims brought against the NHS Trust.
Incidents of medical negligence in maternity are noted early, with families involved, in order to facilitate early liability investigations, and providing compensation where appropriate. The NHS’s Clinical Negligence Scheme for Trusts rewards trust for delivering 10 key maternity safety actions, and the NHS are using the information gathered through complaints made, including cases where medical negligence has occurred, to research into the causes of maternity incidents and share our findings to enable maternity safety improvement.
How Much Compensation can I claim for medical negligence?
If you have suffered personal injury as a result of medical negligence, then MG Legal’s medical negligence solicitors will ensure you receive the maximum amount of personal injury compensation. In fact, our job is to ensure that you are not out of pocket in any way, and a list of some of the damages we will claim for you, if they were a direct result of the negligent treatment you have received, are set out below:
compensation for pain and suffering;
compensation for psychological injury;
payment for ongoing medical treatment, and any other care that is required;
loss of earnings;
loss of future earnings if you are unable to work or return to the same level of work;
travel expenses, to and from the hospital, or any treatment provider;
the cost of adapting your home, if your injuries require your home to be changed;
compensation for psychological damage.
A claim can be made for the next of kin of someone who has died or doesn't have capacity to make their own claim. Where the patient has died the family can claim for bereavement and funeral expenses or for the cost of looking after dependents. In some circumstances a claim can be made for psychiatric injury suffered by a close family member.
Typical examples of awards for medical negligence compensation injuries are:
Very Severe Brain Damage- in such cases of brain damage, there will be very little, if any, meaningful response to environment, and surroundings, with little or no language function, and the injured person will probably suffer from double-incontinence with care required around the clock. For the injury aspect alone, and not including lost earnings, and what could be a large sum of future loss of earnings, awards, subject to the 15th Edition of the Judicial Studies Board Guidelines, with a 10% uplift, would be between £264, 650 and £379,100.
Moderately Severe Brain Damage - Where the injured person is seriously disabled, dependent on others, and needs constant professional care, has limb paralysis, and impaired brain function, with marked impairment of personality and intellect, awards for personal injury are valued between £205, 580 and £264,650.
Impairment of Taste and Smell
Total loss of Taste and Smell- injuries where a loss of taste and smell are suffered are usually associated with trauma to the brain, or infection, and awards are in the region of £36,770.
Loss of Smell alone – is valued from £23, 460 to £30, 870.
Loss of Taste alone – is valued between £18,020 and £23,460.
Loss of the Reproductive System (Male)
Sterility- cases involving male sterility usually fall into one of two categories; surgical, chemical, or disease cases. Whilst we are concentrating here on medical negligence, and sterility caused by surgical procedure, or poor medical treatment or advice, the awards are the same, with the most serious cases being awarded up to £132,040, for the injury alone.
How long do I have to make a claim for medical negligence compensation?
Usually, if you are injured as a result of medical negligence, then you have three years from the date of the negligence within which to pursue a claim for personal injury. The three year time limit is Subject to the Limitation Act 1980, but as with most things, there are exceptions, so, if you were under 18 years old at the time you suffered negligent medical treatment, then you have three years from your 18th birthday within which to make a personal injury claim. If the claim is about a patient who can’t manage their own affairs because of a mental disability, the 3-year period doesn’t apply until (and unless) they recover from their disability. In both these cases, a parent or other person close to them can make a claim on their behalf.
If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s medical negligence experts, as soon as possible after the incident - don’t leave getting in touch with our solicitors until the last minute. Clinical negligence cases can be rather complex to investigate, with our solicitors required to obtain, at times, many years’ worth of medical notes, sometimes amounting to thousands of pages. So although you have three years within which to pursue a medical negligence compensation claim, it is wise to put the wheels in motion sooner, rather than later, to avoid being disappointed.
Will my medical negligence case go to court?
Most personal injury claims, including medical negligence claims, settle one way or another before going to court. MG Legal’s medical negligence experts have a success rate in excess of 99% for the cases we accept on a no win no fee basis. NHS Resolution, the legal team representing the majority, if not now all of the NHS Trust’s members, including GPs and NHS dentists, state that of all medical negligence claims brought against their members, fewer than 2% of the cases handled by the NHS Resolution team end up in court. The rest are settled out of court or, in some instances, the injured person has chosen to discontinue with their medical negligence claim.
Can I ask the NHS for an apology for their medical negligence?
The NHS guidelines to all of their members state that if their member believes that something has gone wrong with the patient’s care, then the NHS Trusts member, whether they are a doctor, nurse, midwife, surgeon, dentist, or any other medical practitioner, should offer an apology, and as soon as possible. The NHS state that ‘The compensation process is not about blame and it is our job on your behalf to make sure that the patient receives any compensation they are entitled to as quickly as possible if they decide to bring a claim.’ If you are looking for an apology from your medical practitioner, or to make a claim for personal injury compensation, and any losses you have suffered, speak to MG Legal’s specialist medical negligence solicitors for a no nonsense, no obligation chat, in the strictest of confidence.
How can our solicitors help?
Suffering any form of injury as a result of medical treatment can be both traumatic and life changing. MG Legal’s medical negligence solicitors are driven by our goal to help you and your family have the best possible future, and with enough compensation to be able to put the whole experience behind you. Our team have the combined knowledge and experience of 30 plus years in settling all types of medical negligence claims, from medical misdiagnosis, incorrect treatment, to surgical errors, and the improper prescription of drugs. We know that medical practitioners often work in busy, cramped conditions, and under lots of pressure, but if you have been injured as a result of a medical practitioner’s negligence, then why should you suffer? After all, you have done nothing wrong, and our solicitors understand that. Read our reviews. If we can help you, then you will not find a personal injury team who will put more work into helping you pursue compensation for medical negligence.