If you are unsure whether your situation qualifies as a medical negligence claim, it’s important to consider the following factors: duty of care, breach, causation, and damages. Regardless of the type of medical negligence you have experienced, these criteria are fundamental when assessing your potential for compensation

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You could claim for medical negligence if you’ve been injured by NHS Trusts, private hospitals, specialist doctors, cosmetic surgeons, dentists, mental health professionals, nurses, and other medical staff. According to the National Health Service Litigation Authority, the average NHS negligence payout was estimated around £50,000.

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Common Types of Medical Negligence

Clinical Negligence / Medical Negligence can be legally pursued when you have suffered injury or harm that should have been avoided. Common reasons for medical negligence claims are as follows:

• Misdiagnosis; this is one of the most common reasons for a medical negligence claim. A misdiagnosis may be considered as medical negligence if it causes your condition to worsen as a result of not receiving treatment or if you received damage as a result of unnecessary treatment.
• Delayed Diagnosis; if you suffer damage due to your doctor failing to diagnose your condition in a timely manner in accordance with clinical practice and guidelines, you may be eligible to claim for medical negligence.
• Failure to Treat; failing to provide you with treatment for your condition within a reasonable timeframe can be considered as medical negligence.
• Negligence; your doctor neglects your treatment, fails to investigate, fails to request specialist aid or refer to a specialist, sends you home early or simply fails to act within a reasonable timeframe.
• Surgery Negligence; you may be able to claim clinical negligence if you experience surgery malpractice such as unnecessary surgery, wrong patient or wrong site surgery, incorrect procedures, injury, damage or harm as a result of the surgery, foreign objects left in patients, anaesthesia malpractice and/or inadequate after-care.
• Birth Injuries; medical malpractice during birthing can lead to serious injuries. If you have suffered due to clinical negligence during birthing, it is vital to seek legal help.
• Dental Negligence; similar to doctors, dentists have to abide by an expected level of care. Dental damage caused by dental malpractice can be eligible for a medical negligence claim.
• Failure to Obtain Informed Consent; performing a procedure, surgery or administering a drug or treatment without explaining associated risks and without your informed consent may be considered medical negligence.
• Hospital-Acquired Infections; a hospital has a duty of care to prevent you from additional harm, injury and sickness while you stay. You may be eligible to claim clinical negligence if you have acquired an infection due to negligence during your stay at a hospital.

What can be claimed for after Medical Negligence?

• Physical pain and suffering;
• Temporary or permanent disability;
• Scarring or disfigurement;
• Loss of function;
• Death;
• Emotional distress;
• Depression and/or Anxiety;
• Post-traumatic stress disorder (PTSD);
• Financial hardship;
• Medical bills;
• Lost wages;
• Cost of rehabilitation;
• Loss of earning capacity.

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