Did you receive medical treatment in the UK and were injured or had other problems as a result? If you, you can claim compensation for clinical negligence. This article discusses the types of cases for which this is possible as well as the general steps. For more in-depth information, as well as tailored legal advice, please reach out to our team of clinical negligence solicitors in London.
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What cases qualify as clinical negligence in the UK?
The National Health Service (NHS) usually provides good services to UK citizens and residents, however, mistakes do take place and things can go wrong from time to time. When this happens, the patient has the right to take legal action and receive a compensation for clinical negligence.
Some examples of clinical negligence include the following:
- Misdiagnosis: the physician failed to diagnose your condition properly or even made the wring diagnosis;
- Treatment: the doctor made a mistake during the operation or procedure (included here are also mistakes during childbirth);
- Drugs: the doctor prescribed the wring drug for your condition or without taking into account your drug allergies;
- Side effects: the physician failed to inform you of the possible risks or did not take the proper consent to treatment.
In order to know if your case qualifies, we advise discussing it with a clinical negligence lawyer in London from our team. By taking this step you can make sure that your case is one that will be taken seriously and that you will be rightfully compensated. Moreover, when working with a specialised solicitor, the entire process will be easier.
What types of compensations can I receive for medical negligence?
You can claim compensation for the losses sustained as a direct result of the negligent treatment. Included here are the following:
- the payment of the ongoing treatment;
- the costs of the future medical care directly related to the negligence incident;
- compensation for pain and suffering;
- the payment of the loss of earnings.
The claim can also be submitted by the next of kin of an individual who does not have the capacity to make the claim or who has died. Our clinical negligence lawyer in London can give you more information about these cases.
Can I get legal aid for medical negligence?
When you choose to work with a team of clinical negligence solicitors in London, such as our own, you are requesting legal assistance and this step is often an important one for the outcome of our case. On the other hand, legal aid in the UK is sponsored by the Ministry of Justice and is only awarded in some qualifying civil cases. Examples include those in which the problem is serious and common cases in which legal aid is awarded for clinical negligence are those in which a child has suffered a brain injury during pregnancy, at birth, or within the first 8 weeks of life.
If you wish to know more about legal aid awarded in these cases, do reach out to our clinical negligence solicitors. Our team is ready to answer any question and we have competitive fees that can make it affordable to seek legal assistance for your clinical negligence case.
How can a team of clinical negligence solicitors in London help me?
Our team can help you prepare your case and submit it within the prescribed time limit. Expert advice, such as that provided by our clinical negligence solicitors in London, is recommended in all cases as the burden of proof falls onto the individual making the claim.
The legal claim not only needs to include proof that the treatment was negligent and that it directly caused the injury, but it also needs to be submitted within 3 years from the incident or, in some cases, the date on which the patient first determined that he or she had suffered an injury.
According to the annual report and accounts published by the NHS, the estimated annual cost of clinical negligence is around £8 billion. Other data for 2020/21 shows the following:
- £2,209 million: the total value of payments for clinical negligence across indemnity schemes;
- 12,629 clinical negligence claims and reported incidents; this shows a 7.5% increase compared to 2019/20 (when there were 11,678 clinical negligence claims);
- 15,674 clinical and non-clinical claims were settled and 15,397 claims were closed;
- out of the closed cases, 8,411 ones were with paid damages;
- according to the report, the majority of the claims were settled in-year, without formal proceedings (at settlement meetings or through formal mediation, for example).
Were you subjected to clinical negligence? Contact our clinical negligence solicitors in London as soon as possible after the incident. We can help you file a claim.