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GP or Hospital Negligence
Medical negligence is when the medical care that has been provided to a patient by a medical professional is substandard. This can occur anytime between the initial appointment/consultation, to the aftercare. If the negligence by a medical professional has caused harm to you, or aggravated/worsened a previous condition that you have, then you may be entitled to make a medical negligence claim.
There can be medical negligence in any kind of medical treatment or healthcare situation. The main types of GP and hospital negligence are:-
- Errors in surgery.
- Neglecting diseases such as cancer.
- Prescription errors.
- Errors during birth which can cause injury
Do not worry if your injury or situation is not on the above list. You may still be entitled to claim compensation. Call us free today on 0121 8276 446 to further discuss this.
Can I make a no win no fee medical negligence claim?
Yes. All our medical negligence claims are handled on a no win no fee basis. This is an agreement between you and the solicitor. This means there are no upfront costs, and in the event that your case was to fail, providing that you have been honest and co-operative, you will not have to pay anything.
If your case is successful, any costs not covered by the other side’s insurance will be paid from your compensation. This will be a maximum of 25%. It can be less, but it will never be more.
If a child has had a neurological injury caused to them during pregnancy, or at or within 8 weeks of birth, then the case may qualify for legal aid. Call our specialist team of advisors today on 0121 8276 446 to discus this further.
How is medical negligence compensation structured?
There are two parts to medical negligence compensation in a successful claim.
This relates to the injury caused to you as a result of the negligence. Not only does this cover the physical injury and pain, but it also covers the mental trauma and distress.
This relates to the costs you have had to endure, and any losses you have had to suffer. This can include any treatments you have had to pay for, if you have had to travel to and from appointments, or if you have had to take time off work. The special damages will be assessed and taken into consideration when your solicitors are dealing with your case.
How often do medical negligence claims go to court?
Not very often. The claims are all overseen by NHS Resolution. Less than 30% of cases went to court over the course of 2018 and 2019.
For free advice and information on medical negligence cases, call our specially trained advisors today on 0121 8276 446. They will be able to assist you with any information you may need but will never force you into making a claim.
Should I complain before making a GP or hospital negligence claim?
This is not something that you have to do in order to make a claim, however if this is a step that you would like to take, then you can do so at any time.
If you would like to complain before you start your claim, then you should ensure that you make note of all the dates you made the complaints and if there was any follow up, and what the outcome of the call was.
Making a formal complaint about GP negligence or hospital negligence.
Different GP surgery’s and hospitals have different procedures for a claim. Whichever place is responsible for the negligence, you can get in contact with them to ask what their complaints procedure is.
Once you have been advised of the procedure, address the matter as soon as possible.
The right for you to complain and for it to be investigated will be recorded into the NHS Constitution.
If you have been hurt by negligent care, you are entitled to compensation.
Another complaints option you have is to go directly to the healthcare provider of your region. The procedures are not the same in each region. The regions are:-
- NHS England
- NHS Northern Ireland
- NHS Scotland
- NHS Wales.
The medical negligence claims are made through the NHS Resolution, which is the NHS insurance department.
Call us free today on 0121 8276 446 to start your claim.
What are the time limits for making a GP negligence or hospital negligence claim?
The time limits for the claim are 3 years from the date of diagnosis, or 3 years from the date of negligence.
If the person who has been affected by the negligence is under 18, then an adult, such as their parent or relative, can make the claim on their behalf, and will act as their litigation friend. For anyone under 18, the 3 year time limit doesn’t start until their 18th birthday.
The time limit also differs for someone who is unable to make a claim due to the negligence, or an existing medical condition. In this case, there are no time limits.
To discuss more about the time limits on a medical negligence claim, call our specialist team today on 0121 8276 446.
How long does a GP negligence or hospital negligence claim take?
Medical negligence cases can be complex; however, it is difficult to put a time limit on how long the case can take as each case is different. Due to the amount of evidence that your solicitors must show, including direct cause, damages, duty of care, and dereliction of duty, it can take 2 or more years for the case to be resolved. Other factors should also be taken into consideration, such as a liability dispute. Liability admitted cases will often be resolved quicker.
A claim against a private healthcare provider can take longer than an NHS claim. This is because there is a difference in the ay the private healthcare providers and the NHS use professional indemnity and employer’s liability insurance.
How much compensation might I receive?
The amount of compensation you get for a medical negligence claim will depend on many factors. Until the case has been fully assessed, and medical evidence has been obtained, the amount you get will not be finalised.
Many factors are taken into consideration, such as how severe the injury is, how it has affected your day-to-day life, and how it has financially affected you. No two cases are the same, therefore it is not possible to have set figures in place.
If you would like to know more about making a medical negligence claim, then call our specialist advisors on 0121 8276 446.
Alternatively, you can fill in our contact form and someone will call you back at a time that is convenient for you.
Suite 14, 94-96 Bell Lane, Marston Green, B33 0HX
0121 8276 446