Doctor Negligence Claims – Sue Your Doctor
Without detailed medical knowledge, you have no choice but to put your health in the hands of your doctor, and in most instances, this is perfectly fine. In fact, 95% of patients in England say they trust their GP to do a good job. GPs diagnose, treat and refer you as necessary to obtain the best possible result. Unfortunately, in a small number of instances, medical malpractice can occur and often with devastating outcomes.
Doctors are not machines. They carry an enormous amount of responsibility – literally life or death in some cases – and often work under tremendous pressure. Sometimes they will make mistakes or fail to meet their duty of care. While the conditions around negligence may be understandable, it does not mean it is acceptable for you, or any innocent party, to suffer a personal injury.
Doctor negligence does not have to refer to GP negligence. GPs are the most common type of doctor people see for medical advice and treatment, but The Medical Negligence Experts also handle claims for clients who have been let down by other medical specialists and would like to sue their doctor.
The NHS receives nearly 500 written complaints every day, the majority (45.6%) of which are made against doctors. Not all of these complaints will lead to a compensation claim, however where a patient has been injured and a physician is found to be liable, it is possible that payment for damages is required.
If you believe that the treatment received from your doctor was negligent and that it caused your injury, talk to The Medical Negligence Experts. We can determine whether you have grounds to claim compensation and advise how to do so. Our team of medical negligence lawyers consistently achieve favourable results for our clients, and we can help you as well.
What is Doctor Negligence?
GP’s have to have knowledge of a broad spectrum of medical conditions. They are not specialists but should know when to refer a patient for specialist testing and assessment. Your doctor is the initial point of contact when you have any medical concerns, and they have a duty to deliver an acceptable standard of care.
This list of examples of GP negligence isn’t exhaustive, but it does cover some of the more common reasons clients have suffered:
- Failure to refer a patient for scans or testing which would detect serious illness
- Misinterpreting test results
- Misdiagnosing a condition
- Prescribing incorrect medication (e.g.: the wrong strength)
- Recording patient information incorrectly, such as not noting known allergies
- Not examining a patient thoroughly
An example of a successful claim for doctor negligence in the UK related to a GP who failed to refer a patient to a specialist despite her presenting signs of cervical cancer. It was only several months after her first visit to her GP, when she rushed to hospital with pain and bleeding, that her tumour was discovered.
Another example of a claim typical of those The Medical Negligence Experts handle involved a teenage boy who died as the result of a surgeon puncturing a major blood vessel, leading to embolism, massive blood loss and heart failure. An investigation into the death revealed that the doctor used the wrong instrument when exploring the area he was operating on. Instead of choosing a safe, rounded device he selected a sharp one, and that mistake cost his patient their life. Medical negligence lawyers representing the boy’s mother secured compensation in recognition of her bereavement and severe emotional trauma caused by her son’s completely unexpected death.
What Does a Doctor Negligence Lawyer Do?
Proving medical negligence is a time-consuming and complicated process. Having experienced professionals on your team will give you the greatest chance not only of obtaining compensation but also of getting the emotional closure that comes with having the care provider accept responsibility for your pain and distress.
In a clinical negligence claim, the onus is on the claimant to prove not only that their treatment was negligent, but also that their health was affected as a result. When you first contact The Medical Negligence Experts, we will look at your situation in detail and give our professional assessment of whether your claim is likely to succeed.
If you decide to continue with your request, we will help you gather and present the necessary evidence, including helping you find the right independent medical professionals to provide an assessment. Our goal is to obtain the best possible outcome without going to trial because we appreciate this can be an invasive and stressful process. However, if the practitioner refuses to admit liability or we are unable to agree on an acceptable value of compensation, we will recommend litigation and continue to support you through the court process.
Doctor Negligence Claims FAQ
Below are the answers to some of the more frequently asked questions we receive when people are considering raising a claim. Please call us or fill in our online form if you can’t find the answer to your question here. We will be happy to arrange a free, no obligation consultation to answer your specific questions and help you decide if and how to proceed.
Can I claim compensation against a doctor/GP for Negligence?
Have you been injured or made ill? Did your doctor’s mistake cause it? If you can answer yes to both of these questions, then it is possible that you may have grounds to claim compensation. All medical treatment comes with some risk, but it is your doctor’s role to take all reasonable steps to mitigate the danger. If you can show that your care fell below what could be expected from a similar medical expert, we can help.
I am worried about seeing my doctor. Will a claim stop my treatment?
You do not need to worry about being blacklisted from your GP’s surgery, or otherwise punished in any way for claiming compensation. You don’t have to say anything if you don’t want to. We will represent you and your interests, and act a buffer to minimise any stress or anxiety. There are two ways your doctor will find out about your claim. One is if you raise a complaint with the NHS and let them know that you also intend to pursue compensation. If you don’t raise a complaint, and you don’t tell them yourself, the first your doctor will know is when we contact them to apply for a copy of your medical records and inform them of your intention.
Do I need to make a formal complaint about my treatment?
You don’t need to lodge a complaint with the NHS or governing body about your treatment, but it may help you in two ways. The first is that the investigation into your complaint and the subsequent findings may strengthen the evidence to prove your compensation claim. The second benefit is the recognition and satisfaction that the actions which led to your injury have been identified and hopefully steps taken to prevent them reoccurring. You should also receive an apology. If you are not happy with how your complaint is handled, you can refer it to the Parliamentary Health Service Ombudsman.
You can make a claim on your own without any legal representation, but if you are worried about doing it then talk to ICAS, the Independent Health Advocacy Service which is a free service.
A successful compensation claim will give you money in recognition of pain, suffering and any financial expense you have incurred, but it won’t give you an apology or any reassurance that what happened to you won’t happen to someone else in the future.
How long do I have to wait to make a claim for doctor negligence?
You don’t need to wait at all to get expert legal advice. In fact, the earlier you speak to a professional the better position you will be in, especially if you need rehabilitation support. Talk to The Medical Negligence Experts today if you believe you have been injured as the result of doctor negligence. We work with medical negligence lawyers in the UK and will introduce you to one with the right background and experience to help you, even visiting you in the hospital if that is what you need.
Compensation claims must be submitted within three years of the date of your injury, or the date your injury was linked to your treatment. Complaints against the NHS must be lodged within 12 months.
Will I have to go to court?
Our aim is to resolve all medical negligence compensation claims without having to go to court because it is better for clients who are saved the time and stress of having their case heard by a judge. 98% of compensation claims made against the NHS are resolved without having to go to court, and the number of claims made against private practices is similar. Some of the remaining claims are dropped by the plaintiff which means that there is less than a 2% chance that you will need to go to court.
We only recommend litigation if the other party denies responsibility for your injury or you cannot reach an agreement on a fair payment. Even when a court date is set, we will continue to negotiate to reach an acceptable resolution and will support you in the lead-up to and during your hearing, keeping you updated so you know what to expect.
What is a No Win No Fee* claim?
Hiring a private lawyer can be expensive. Some clients fund their legal costs from an existing insurance policy or through savings, but a No Win No Fee agreement means that everyone can afford quality legal representation.
A No Win, No Fee claim, sometimes known as Conditional Fee Agreements (CFA), is a contract which states that if your claim is unsuccessful then you do not have to pay your solicitor anything. Their payment rests on the outcome of your application which means they work hard to make sure it is a success. If you win, your lawyer’s costs are paid for by the other party, and you will pay your solicitor a success fee. This amount is a percentage of your compensation payment which is agreed between you at the start of your case.
Find out more by reading our Guide to No Win No Fee Medical Negligence Claims.
How long will my claim take?
The processing time of your claim will depend on:
- The severity of your injury and your long-term prognosis. Claiming for an injury with a short recovery period will be faster than claiming compensation for serious damage where you need further treatment before the long-term outcome is known.
- Whether the other party accepts responsibility for the cause of your injury.
- If your claim is resolved out of court.
Compensation claims can last from three months to several years. Your solicitor will be able to give you a good estimate of the processing time once your claim is underway.
How much compensation will I receive?
Compensation amounts are based on the extent of pain and suffering you have endured. Your payment can also include any money lost due to your injury. These special damages can cover lost wages because you have had to take extra time off work to recover and you only receive statutory sick pay, or if you have had to pay for prescriptions, transport to and from your medical appointments, or private nursing care to help you at home.
The Judicial College regularly publishes guidelines to assist in determining how compensation should be calculated based on the type of injury you have sustained. Your solicitor will use this to help advise you on what is a fair payment.
How can The Medical Negligence Experts help?
The Medical Negligence Experts can help by providing you quality legal advice and representation for you to receive maximum compensation for your injury. It is important to work with a solicitor who has the right experience and knowledge of your type of claim. Our network of medical negligence lawyers is UK wide which means we have an expert near you.
Get in touch with The Medical Negligence Experts today to find out more about our service and how we can help you claim the compensation you deserve.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert Doctor Negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your Doctor Negligence case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.