What Is Clinical Negligence?
Clinical negligence, also known as medical negligence, refers to harm or injury caused by a medical practitioner providing unsuitable, inadequate or no care. This harm may be physical or mental.
While healthcare professionals try to look after their patients to a good standard, mistakes sometimes happen. If this is due to negligence, the patient has a right to seek compensation.
The key point in cases of clinical negligence is to prove that the medical practitioner:
- Owed the victim a duty of care
- Did not provide that care or provided unsuitable care
- Their actions (or lack thereof) caused harm to the patient through their actions (or lack thereof)
Medical negligence claims look to prove liability and causation. This means that you have to prove that the medical practitioner acted in a way that other reasonable medical practitioners would not have in the same circumstances and that these actions directly caused harm to the patient.
Where Can Clinical Negligence Happen?
Clinical negligence can occur across a patient’s experience with healthcare professionals, from diagnosis and prescriptions to surgeries and death. Locations can include hospitals, GP surgeries, and pharmacies.
Here are some examples of clinical negligence:
- Failing to diagnose a patient’s illness or getting a diagnosis incorrect.
- Prescribing the wrong medication, leading to a negative effect on the patient’s well-being.
- Withholding important information from a patient, such as the risks involved in a recommended procedure, and thereby not acquiring their full, informed consent.
- Surgical mistakes that cause further issues, such as scarring, internal injury or infection.
Clinical negligence can also be claimed on behalf of family members who have died due to negligent medical intervention.
Are There Any Time Limits for Clinical Negligence Claims?
Similarly to the time limits for making a personal injury claim, strict time limits apply to a clinical negligence claim. The typical time limit is three years from when the negligence occurred or three years from when you realised the negligence had caused you harm.
In some cases, the time limits may take time to come into effect. For example:
- Childhood clinical negligence: if you experience clinical negligence as a minor (under 18), the three-year period begins when you turn 18, no matter when the incident occurred.
- Adults with reduced mental capacity: the three-year period comes into effect when the adult regains mental capacity and realises that the harm was caused by clinical negligence.
However, the claim does not need to wait until the individual can make it themselves. If you are a family member or carer of an adult with reduced mental capacity or a child, you can claim on their behalf.
Can I Claim For Clinical Negligence Against the NHS?
Medical negligence claims can be made against public and private healthcare, including the NHS. In fact, the NHS pays out billions of pounds of compensation every year for medical negligence claims and allocates a portion of its budget to medical negligence compensation.
What are the Outcomes of a Clinical Negligence Claim?
So, what happens after you make a clinical negligence claim? Once the claim is sent to the solicitors working on behalf of the healthcare provider, they can either agree to the claim and negotiate how much compensation you receive or reject the claim. In the second instance, the case may be taken to court, where a judge will decide the outcome.
A successful claim will only provide monetary compensation for your (or your loved one’s) suffering or injury. Successful clinical negligence claims will not necessarily change the healthcare provider’s practices, and you will not be guaranteed to receive an apology or see any charges brought against the medical practitioner.
At Newtons Solicitors, we handle clinical negligence claims under a no win no fee arrangement, meaning you will not have to pay for our services if your claim is unsuccessful.
How Much Compensation Can I Claim For?
In clinical negligence claims, the compensation awarded is intended to cover any monetary losses you may have had due to the negligent treatment, including:
- Loss of earnings if you have been unable to work at your usual capacity
- Costs of adapting your home or purchasing any necessary care or equipment
- Payment for ongoing treatment
- Compensation for psychological damages
As every case is unique, your reasons for compensation will be specific to you, and so will the amount you are awarded.
How Long Does it Take to Settle a Medical Negligence Claim?
Depending on the case, settling a medical negligence case can take between a few months and a few years. Typically, the duration of the claim will be longer if it goes to court than if the case is settled outside of court.
Are Clinical Negligence Claims Settled in Court?
The vast majority of medical negligence claims are settled out of court, including claims against the NHS. However, if both parties cannot reach an agreement, such as if the practitioner refuses to accept liability, the claim may reach the courts.
How Do I Claim for Medical Negligence?
At Newtons, we offer a range of services for individuals, including clinical negligence claims and personal injury legal advice. If your health or well-being has been compromised by poor medical care or lack of care, our team can help you win the compensation you deserve.
Clinical negligence cases can be very complex and take a long time to investigate, so it’s very important to understand what clinical negligence means and seek legal advice as soon as possible when you discover the harm done.
If you would like legal advice on a case of clinical negligence, please get in touch with our friendly, expert team today. For more information, see the rest of our blog or learn why you should choose Newtons on our website.