Medical Negligence Claims
How to make a claim for medical negligence
Medical Negligence / Malpractice is when a patient has endured substandard care by a medical professional, which has directly caused the patients condition / condition to get worse. Medical Negligence can happen in a number of ways, a few of these include:
- Delayed Diagnosis / Misdiagnosis
- Incorrect Treatment
- Surgical Mistakes
Medical mistakes do happen. Doctors, Dentists and other medical professionals are only human. They are insured in case anything does go wrong. Some professionals do fall short of the standard expected from them; this fall short can lead to suffering and in worst case scenario death of a patient.
If you have suffered from medical negligence, talk to professionals. Click the link below to find out more.
Contact: Contact Us | Hutcheon Law
If you do suffer injury as a result, a claim for compensation can be made. This is a specialist area and we will put you in touch with expert and solicitors and barristers.
Average Medical Negligence Pay-outs
An exact number cannot be placed on the pay-out for a successful Medical Negligence claim for compensation. This is due to how Medical Negligence claims are given; they are given based on damages. A Medical Negligence pay-out is intended to get you back to the quality of life you had previously, before the negligence occurred; the pay-out is to compensate for the suffering.
There are two types of damages that are calculated when claiming for Medical Negligence, they are:
- General Damages - There to compensate you for the pain you have endured as a result of the negligence you have been through, they typically fall into the fixed ranges, the worse the case the higher the amount will be.
- Special Damages - There to cover for financial losses you've experienced as a direct result of the Medical / Clinical Negligence you have been through. These are entirely circumstantial, depending on the typing of impact the injury has had on your life. The types of losses Special Damages cover are, loss of earnings due to inability to work, medical expenses and travel to and from medical appointments etc.
3 Most Common Types of Medical Negligence
Delayed Diagnosis' - Primarily Cancer
A delay in cancer treatment or late diagnosis can in worse cases prove fatal or result in greater harm to the patient. It is absolutely vital that early detection and treatment is undertaken by the medical professionals to provide the best possible outcomes. With any undue delay the outlook may amount to unnecessary stress and possible greater harm to the patient. Should an unreasonable delay occur in a diagnosis or treatment of cancer that delays the diagnosis; can result in you making a claim for compensation for a delayed cancer misdiagnosis. This is called a claim for clinical negligence or medical negligence.
What are the most misdiagnosed types of cancer?
With our knowledge and experience we have put together what we believe are the 5 most common types of cancers that are detected late or misdiagnosed:
- Breast Cancer
- Prostate Cancer
- Lung Cancer
- Pancreatic Cancer
- Cervical Cancer
Other common cancers that are often delayed or misdiagnosed by the medical professionals are:
- Colorectal Cancer
- Stomach cancer
This list is not exhaustive, there are many other cancers that are detected late or misdiagnosed and if you are seeking clarity or some legal advice please get in touch with us now: contact us on how to make a claim for compensation due to a misdiagnoses of cancer.
Why is a late cancer diagnosis so damaging?
Cancer remains the leading cause of death for both men and women in England and Wales.
Being diagnosed with cancer is devastating for you and your family. But; if you’ve been given a delayed cancer diagnosis or a misdiagnosis of cancer, you may be eligible for a medical negligence claim.
Recent years have seen several published articles which suggest that cancer survival in the UK is among the worst anywhere in Europe and that late diagnosis of cancers in the UK may explain the poor survival rates compared with other countries. It is not surprising against this background that delayed cancer diagnosis claims are on the rise in the UK.
What is a Clinical Negligence claim for delayed cancer treatment?
A medical negligence claim (sometimes known as a ‘clinical negligence claim’) occurs when a patient takes their medical practitioner or hospital (or both) to court for compensation due to an acts or omissions that result in what lawyers call ‘negligence’ or ‘blame’ if the patient has been harmed. For this to happen, the Claimant needs to prove that the care provided fell below the standard of a body of competent medical professionals would consider.
Claims can be made against your GP/ Medical Professionals for a number of reasons; a few of these areas include:
- Failure to diagnose the onset of cancer.
- Failure to complete a proper examination on a patient that was reasonable to undertake to diagnose possible cancer symptoms.
- Failure to carry out ongoing assessments and tests once a diagnosis of cancer has been made.
There are other areas of negligence where you would be eligible for a claim.
It is often difficult to know early on whether your medical professionals were negligent in the cause of your suffering. We will require your full medical history form your GP and hospital in order to find out where the medical professional went wrong and obtain expert evidence to establish if the treating GP or hospital did get it wrong.
Please contact us via our link below and we will advise you on whether or not you have a claim.
Call: Claims | Hutcheon Law
Whatever the circumstances of your case, you may be able to claim for cancer delays, or missed cancer diagnosis compensation if you believe medical negligence resulted in your late diagnosis of cancer and its subsequent effects on your health.
A late diagnosis of cancer is any situation where a person showing symptoms fails to have them identified and which could have been detected at the time of presentation. There can be various reasons behind a delayed cancer diagnosis.
Some of the most common cancers thought to be misdiagnosed due to their symptoms being linked to another illness include:
- Breast cancer
- Lung cancer
- Pancreatic cancer
- Cervical Cancer
- Prostate Cancer
- Colorectal Cancer
- Stomach Cancer
2. Incorrect Treatment
Closely linked with Delayed Cancer Treatment, as discussed in the previous point. Medical Negligence can also occur when medical professionals have failed in their duty of care of patients when treating them for any illness / injury. For example, if you were diagnosed with Pancreatic Cancer; and you were issued treatments for stomach cancer and you condition worsened due to this; you would be able to make a claim for Medical Negligence.
Incorrect treatments can be when medical professionals from either the NHS or private health case incorrectly treat you for an illness / injury which has directly caused you to suffer further; if you believe you have been incorrectly treated, get in touch via the link below.
3. Surgical Mistakes
Medical professionals are only human, mistakes happen. Unfortunately in their profession, a mistake can be proven to have significant consequences on their patients. Surgical mistakes are also referred to as 'Surgical Negligence', and these refer to preventable errors or negligent actions taken by medical professionals either before, during or after surgery - this applies to both NHS and private practices.
The key factor with Surgical Negligence cases is to recognise that following most operations, patients will likely experience some pain, discomfort and distress whilst they recover. Some swelling, fluid leakage and limited mobility in the area that has been operated on is expected, and would have been disclosed in the consent form signed by the patient prior to the surgery.
However, if the patient is experiencing symptoms more severe to those disclosed, or other symptoms; then the patient may be entitled to make a claim for Medical Negligence.
What is Medical Negligence?
Medical Negligence is substandard care carried out by a medical professional (either by the NHS or private health care) that has directly lead to the patients suffering in terms of directly causing an injury, or causing a pre-existing one to worsen.
Will I have to go to Court?
Medical Negligence cases rarely go to court, only the extremely complicated cases will make it to court. If your case ends up in court, we will help you through the process; our expert solicitors carry 20+ years of experience in this field and guarantee you the very best representation. Click the link below to find out more:
Can you sue the NHS for negligence?
Yes, and private health care professionals as well. There is no doubt to whether health care professionals - whether private or nationalised do a fantastic service to millions of patients every yeah. However, medical professionals are only human and mistakes can happen; often resulting in life changing injuries.
What is the average pay-out for an NHS Negligence claim?
The variations are extremely broad when it comes to medical negligence and the amount of compensation being received is entirely dependent on the suffering of the patient. This means that pay-outs can range from £1000 up to millions in the extreme cases. For example, in an extreme case a woman was awarded £24 million after a mistake in the operating theatre left her brain damaged.
That being said, a statistic provided by the National Health Service Litigation Authority indicated that the average compensation pay-out for medical negligence was estimated to be around £50,000.
Examples of Clinical Negligence Cases
Examples of court pays outs in clinical negligence claims
Injury following a visit to the dentist
The claimant, a 34-year-old woman, received £21,115 for the injuries to her teeth. The dentist proposed to crown several of the claimant's teeth, but when the crowns became loose, she sustained injury during treatment. She had 20 teeth removed, had to have many teeth re-cemented and wore dentures. The claimant's top lip also "sunk in" as a result of the tooth extractions.
Laser eye treatment gone wrong
The claimant, a 43-year-old man, received £500,000 for the severe vision impairment sustained during laser eye treatment in1998. The claimant was unable to drive or return to his employment, and required assistance from others in his day-to-day activities. He could see very little and his vision was variable on a day-to-day basis. The claimant had always suffered from a lazy eye and myopia and required remedial treatment. The claimant underwent laser treatment to both eyes.
Hip replacement gone wrong
The claimant, a 66-year-old man, received £10,000 for right leg and hip injuries when the hip prosthesis had not been straightly inserted following total hip replacement surgery in November 2000. The claimant suffered from ongoing pain in his back and hips, his mobility was impaired and he was unable to dress unaided.
He was told that he was suffering from fractures that had been caused by the replacement shifting and the cracking of his right femur. The claimant was re-admitted to hospital and he underwent a second hip replacement with a longer prosthesis.
Misdiagnosis of a psychiatric illness
The claimant, a 32-year-old man, received £17,200 in respect of additional time spent in psychiatric units during 1998. The claimant had suffered an acute relapse in his psychiatric condition following the discontinuance of medication on the basis of a misdiagnosis in his condition.
Baby injured at birth
The claimant, a 3-year-old girl, received £75,000 for the arm and shoulder injuries sustained during birth in 1998. During delivery, the claimant's arm and shoulder became trapped in her mother's cervix for approximately 17 minutes. Staff at the defendant's hospital had to break the claimant's collar bone in order for the birth to continue, causing the claimant injury. The claimant was permanently disabled and she was severely restricted in her choice of employment in the future.
Injury to ureter following hysterectomy
A 45 year-old woman, received £40,000 by way of an out of court settlement for the severe damage sustained to her left ureter following a hysterectomy operation in 1997. She suffered from regular bouts of pyelonephritis and was unable to continue working full-time.
Heart Operation that went wrong
The claimant, a 21-year-old woman, received £450,000 for the internal injuries sustained during a heart repair operation (when she was 6 years old) in May 1986. The claimant underwent a heart repair operation at hospital and during surgery, the claimant's aorta was ruptured, causing injuries which worsened her condition.
The 3 cases below give some real examples of medical negligence cases that have gone to court and have won in favour of the claimant. These cases can give you an idea of the types of claims that are successful when claiming for medical negligence.
|Darnley v Croydon Health Services NHS Trust 2018||Darnley v Croydon Health Services NHS Trust , the claimant, Mr Darnley, had sustained a head injury and attended A&E with a friend. He was told by one of the receptionists working in the A&E department that he would have to wait up to four or five hours before he would be seen.|
|Khan v MNX 2018||Mother, M, had expressed her concerns with her GP that she wanted to avoid having a child with haemophilia and sought advice due to the presence of haemophilia in her family medical history. Blood tests were carried out to determine if M had haemophilia, but the tests were unable to detect if she was a carrier of the condition.|
|ABC v St George’s Healthcare NHS Trust and others 2017||In ABC v St George’s Healthcare NHS Trust and others  the courts were asked to consider difficult questions concerning the conflict between patient confidentiality and avoiding risks to others.|
Can I make a Delayed Diagnosis Claim?
Delayed Diagnosis/ Delayed Screening claims cover the whole range of professional healthcare practices and are not just limited to hospital or medical treatment. For example, claims can be made in respect of treatment provided by doctors, nurses, opticians, dentists most commonly where there was an incorrect or missed diagnosis of cancer because of, for example, radiology, filing or GP error, resulting in a delayed diagnosis.
NHS guidelines currently recommend certain cancer pathways from initial consultation to treatment, including a specified time frame for referral, if this was not adhered to then you may have a claim.
If you think you are eligible for a Clinical Negligence Claim. Get in contact via our website: Contact Us | Hutcheon Law
If you believe you have suffered due to the malpractice of your medical professional, get in contact with us, R. James Hutcheon Solicitors, the Clinical Negligence Specialists on 0151 724 7121 or complete our contact form and we will be in touch within the hour or whatever time is preferable on your form.
We carry over 20 years experience in dealing with Medical Negligence cases, we pride ourselves on our ability to constantly deliver for our clients. Get in contact with Leading Liverpool Medical Negligence Solicitors now.
Contact: Contact Us | Hutcheon Law