In 2023/24, the NHS paid out a record £2.8 billion in damages and legal costs for clinical negligence in England. This shows that clinical negligence is more common than you might think. With future liabilities standing at some £58.2 billion, it’s second only to nuclear decommissioning as the largest liability for the UK government.
If you believe you or a family member has experienced clinical negligence, this can be distressing, and you may have suffered physical, emotional and financial repercussions.
In this guide, we’ll help you understand what clinical negligence in health and social care is and how you can get started making a claim.
Definition of Clinical Negligence
Clinical or medical negligence happens when a healthcare professional fails to provide you with an appropriate standard level of care. This can result in harm, injury or an impact on your long-term health.
Typically, in cases of clinical negligence, we’ll find mistakes, omissions, delays or incorrect treatment that another medically-trained professional of equal standing would not have made under similar circumstances.
What Is Classed as Clinical Negligence?
As you might imagine, clinical negligence covers scenarios as diverse as the patients, conditions and medical professionals involved.
We cover types of medical negligence in more depth in this guide. However, some common examples can include:
- Misdiagnosis or a delayed diagnosis of your health condition leading to unnecessary suffering or worse outcomes.
- Surgical negligence such as operating on the wrong site, causing nerve damage, avoidable damage to internal organs or failing to manage post-operative infections.
- Medication-related harm, for example prescribing or administering incorrect dosages or the wrong medication.
- Gynaecological negligence leading to injuries in pregnancy or childbirth, or procedures such as abortion and fallopian tube removal.
- Delayed or inappropriate treatment where a condition required immediate attention.
An example of clinical negligence is in a recent case our team settled, where a failure to diagnose and treat latent tuberculosis in our client resulted in symptomatic tuberculosis.
This had caused a serious reduction in the claimant’s quality of life and life expectancy. As a result, we were able to settle at over £16,000 in compensation.
Find out how we can support you with your clinical negligence claim here.
How to Claim for Clinical Negligence
If you believe that you or a family member has experienced clinical negligence, here are the steps you can follow to get started:
- Contact a clinical negligence solicitor as soon as you can, bearing in mind that strict time limits apply to when you can make a claim (usually three years from the date of negligence or when you first became aware of it).
- Gather all the evidence you can, including medical records, photographs, witness statements and correspondence from your healthcare provider.
- Your solicitor will then arrange for independent medical experts to provide an expert opinion on whether clinical negligence was involved.
- If this is the case, your solicitor will send a formal claim to your healthcare provider, giving them a fixed period to investigate the issue.
- At this point, many clinical negligence cases are settled through negotiation.
- If a fair settlement hasn’t been reached, you may then take your clinical negligence claim to court.
What Is a Clinical Negligence Solicitor?
As we’ve mentioned, it’s worth seeking legal advice from the very start of pursuing your clinical negligence claim. These claims can be complex and take a long time, which is why you’ll need a legal professional by your side.
You can expect your clinical negligence solicitor to be a specialist in these cases. They’ll be on your side throughout the legal process, guiding you, gathering evidence and liaising with medical experts.
In negotiations and court proceedings, your solicitor will represent your interests to help you receive the compensation that you’re entitled to.
How Much Compensation Can I Get for Clinical Negligence?
You’ll know now how diverse clinical negligence scenarios can be. Similarly, the amount of compensation you can get will vary significantly.
As a rule of thumb, the compensation you’re entitled to will vary depending on:
- The nature and severity of your injury
- The impact on your quality of life
- Any financial losses or expenses that have occurred as a result
Your compensation will usually cover general damages, which address any suffering or impact on your quality of life. Special damages will cover specific expenses such as medical costs, loss of earnings, rehabilitation costs or the cost of ongoing care.
To give you an example of what you might be able to claim, we recently settled a case involving a failure to operate at £35,000 compensation. This resulted in complications that required further procedures for our client, leaving them with a higher likelihood of developing cancer.
How We Can Help
If you or a family member has experienced clinical negligence, we hope this guide has left you feeling more confident about making a claim and seeking legal advice.
When you’re ready to make a clinical negligence claim, our knowledgeable team of clinical negligence solicitors in Cardiff and Newport can help you receive the compensation you are entitled to.
Find out more about our clinical negligence services here and get in touch with our friendly and supportive team when you’re ready to get started.
