The Complete Guide to NHS Clinical Negligence Claims - MND

The Complete Guide to NHS Clinical Negligence Claims

The Complete Guide to NHS Clinical Negligence Claims


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    When we talk about NHS clinical negligence or medical malpractice, we refer to those actions that are not deemed acceptable by competent medical professionals in their duty of care towards patients.

    Put simply, when a healthcare provider fails to give the right standard of treatment to patients under their care. Such acts can result in avoidable harm, trauma or complication.

    Every medical practitioner – whether private practice or NHS – is responsible for caring for their patients according to set standards and global best practices. This is known as “duty of care”. When they fail to do this, they have been negligent.

    NHS clinical negligence

    What should you know as a Claimant?

    It is unacceptable for anyone to suffer from inadequate healthcare.

    The NHS is staffed with qualified and competent medical practitioners in different fields and cares for millions of patients annually.

    The country’s increasing population now means that there is increased pressure on the public healthcare system. Which has resulted in a rise of medical negligence claims brought against the NHS.

    Most of these have been attributed to issues of understaffing and the immense pressure hospital staff are put under. Whatever the reason, patients are entitled to care and are also empowered by the law to seek justice if they suffer wrongly as a result of negligent treatment.

    Forms of Negligent Treatment In The NHS

    Negligence in the NHS can take several forms. Some examples of malpractice in healthcare in the NHS could include the following;

    • Medical Misdiagnosis – this may be incorrect diagnosis, missed diagnosis or delayed diagnosis.

    • Delayed treatment.

    • Incorrect treatment.

    • Prescription errors.

    • Failing to refer patient for appropriate tests or scans before making diagnosis.

    • Unnecessary delays in carrying out needed tests causing the illness to worsen.

    • Failing to warn a patient of the risks of a procedure and getting their informed consent before proceeding.

    • Discriminating or abusive treatment towards a patient.

    • Failing to refer a patient to a specialist or unexplained delays before referring patient.

    • Hospital acquired infections.

    • Surgical errors which include retained instruments, wrong site surgery, poorly done surgery.

    If you or your loved one has suffered from any of the above-mentioned forms of negligent treatment, you may be eligible to make a claim.

    NHS clinical negligence claims you could make are not limited to only doctors and surgeons. You can also make a claim against other healthcare providers such as, nurses, lab technicians, radiologists, pharmacists.

    At Medical Negligence Direct, we work closely with expert clinical negligence claims solicitors from our partnered law firms, who are well experienced having helped many victims of negligent care secure deserving compensation amounts.

    We understand that seeking compensation for medical malpractice provides necessary financial support and ensures that victims can access vital care to improve their chances of recovery. We offer a completely free, no-obligation consultation call to see if we can connect you to an expert law firm to assist with your potential claim.

    Make A Claim

    NHS Negligence Statistics

    Clinical negligence claims brought against the NHS in 2018/19 totalled 10,678. Some of the departments that received the highest number of NHS clinical negligence cases included-

    • Orthopaedic surgery- 1262 claims

    • Emergency medicine- 1409 claims

    • Gynaecology -569 claims

    • Obstetrics (non-Cerebral Palsy/Brain Damage) -1076 claims

    • General Surgery- 927 claims

    • General medicine- 498 claims

    Some other departments that had very high settlement payouts include-

    • Emergency medicine- £422 million

    • Paediatrics- £333 million

    • Orthopaedic surgery- £216 million

    • Neurology- £147 million

    What are the Benefits of Making A Claim?

    There are different reasons why you could make a claim if you have suffered avoidable injury because of the substandard care you received. The main reason is not just to obtain monetary settlement but for the NHS facility to complete adequate internal reviews as to why there was negligence of duty and then take appropriate steps to ensure that it doesn’t happen to another person.

    Then of course, you deserve to be compensated to help you back to your feet after a traumatic event. This is why compensation is very important. You can take care of your financial needs, especially if you have been forced to stay off work. You will also be able to access further medical care, purchase special equipment or hire caregivers if needed.

    Elements Needed To Make A Claim

    There are elements that can be present in a negligent claim. They are also known as the 4 D’s of medical malpractice. You may have to prove these to have a successful claim. These elements are;

    • Duty: You have to show that a relationship existed between you and your healthcare provider. This is where you show that they owed you a duty of care.

    • Deviation: A negligent treatment happens when your doctor deviates or breaches their duty of care towards you. You should provide evidence of this breach of duty.

    • Direct Causation: Establishing negligence may not be enough in a clinical negligence claim, you must show how that negligent action was responsible for your pain and suffering. This is a vital component of your claim.

    • Damages: Having shown how your doctor’s negligence caused you unnecessary harm, you must also show how much damage you have experienced. This includes but not limited to physical, emotional, and financial damage. The amount of damage you suffered will be a key determinant of your settlement award value.

    Reach Out To An Expert Solicitor

    If you are ready to make a claim, you could reach out to experienced negligence lawyers to assist you with your claims. At MND, our partnered solicitors have over the years represented different clients with diverse negligence claims against the NHS, securing the highest possible NHS clinical negligence payouts.

    During your claims process, you may be required to provide some documents or pieces of information that will facilitate your claims. The solicitors can also assist you if you are having trouble getting them.

    These include;

    • Comprehensive statements of what happened

    • Your Medical records or doctor’s report

    • Test results and scan results

    • Witness statements from your family members or close friends

    • Proof of financial losses incurred

    • Images or photographs where needed

    • Report from an independent medical expert after conducting an examination on you

    Factors that can impact clinical negligence compensation claims

    Your NHS clinical negligence compensation for GP negligence and other forms of clinical malpractice will depend on several factors, including:

    • The nature and site of your injury;

    • The severity of your injury

    • The impact of the injury on your ability to work and general wellbeing

    • Future prognosis

    • Cost of therapy and rehabilitation

    • Cost of further medical treatment or surgery

    • Cost of special equipment if needed

    • Cost of hiring caregivers

    • Cost of accommodation adjustments if required

    How We Help Clients With NHS Clinical Negligence Claims?

    We are a claims management company and receive payments from our partnered law firms for our service. If you qualify for a free claim assessment and that assessment is successful, you will be connected to an expert law firm to assist with your potential claim. Our service is completely free.

    See if you qualify for a FREE claim assessment now!

    Contact A Specialist Solicitor Today For A Free Claim Assessment

    Call Us Today On: 0800 644 4240
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