How Do I Know If I Have a Medical Negligence Claim?
When we have medical treatment, we put a great deal of trust in the healthcare professionals who are looking after us. Most of the time, we have nothing to worry about, and everything goes smoothly.
However, mistakes can happen and, in some cases, can lead to avoidable injury, illness, or a worsening of an existing condition.
If you have suffered harm or been worse off after receiving medical treatment, you may be wondering whether you might be able to make a medical negligence claim.
Understanding what medical negligence is, and what to look out for, can help you decide whether it is worth seeking legal advice.
What Is Medical Negligence?
Medical treatment is negligent when a healthcare professional provides care that falls below the standard reasonably expected of a competent practitioner in that field, and as a result, the patient suffers avoidable harm.
A successful medical negligence claim usually requires evidence that:
- A healthcare professional owed you a duty of care.
- That duty of care was breached.
- The breach directly caused you harm or unnecessary suffering.
It is very important to understand that not every poor outcome is the result of negligence. Medical treatment almost always comes with some risks, which can happen even if you have received the best possible care. Illnesses do not always respond to treatment as expected, and that is not always predictable. However, there are things that commonly arise in medical negligence claims, and if one or more of them happened to you, it could be an indication that you have a claim.
Common Examples of Medical Negligence
Medical negligence can arise in a variety of healthcare settings, including hospitals, GP surgeries, dental practices, and private clinics.
Examples of common claims include:
- Delayed diagnosis of or failure to diagnose a condition
- Misdiagnosis leading to inappropriate treatment
- Surgical errors
- Medication mistakes
- Failure to refer a patient to a specialist
- Birth injuries affecting mother or baby
- Missed fracture(s)
- Poor management of infections
- Failure to obtain informed consent before treatment
If you experienced one of these issues and suffered harm as a result, you may have a medical negligence claim.
Signs You May Have a Medical Negligence Claim
Your Condition Became Worse Due to a Medical Error
One of the clearest indicators is where a mistake by a healthcare provider caused your condition to get worse.
For example, if you were diagnosed with cancer much later than you should have been and your treatment options were reduced as a result or your prognosis was affected, there may be a basis for a claim and you may wish to seek legal advice.
Another Healthcare Professional Raised Concerns
Sometimes patients only become aware of a potential error when a different doctor, consultant, or healthcare professional identifies that something should have been done differently.
Comments such as "this should have been diagnosed earlier" or "this treatment was not appropriate" mean that you may wish to take advice about the standard of treatment that you received.
You Suffered Unexpected Complications
Although complications can occur naturally, some arise because proper procedures were not followed or because the appropriate care was not taken.
Examples may include:
- Surgical instruments left inside the body
- Incorrect medication being prescribed
- Failure to monitor a patient after treatment
- Failure to recognise developing complications
If you have experienced one of these failures, you may wish to take advice about whether you may have a medical negligence claim.
You Required Additional Treatment
If you unexpectedly needed to have further surgery or your treatment, rehabilitation, or hospital stay was prolonged, it may mean that the care you received was negligent, and you may wish to take legal advice about making a medical negligence claim.
There Is Evidence of Poor Record Keeping or Communication
Medical records often play an important role in identifying negligence.
Missing notes, inaccurate records, or failures in communication between healthcare providers can sometimes contribute to patient harm. If you are aware that problems with your medical notes led to mistakes being made, you may wish to seek legal advice about making a medical negligence claim.
What Evidence Can Support a Claim?
If you believe you may have a claim for medical negligence, it is helpful to gather as much information as possible to support your case.
Relevant evidence may include:
- Medical records
- Appointment letters
- Prescriptions
- Test results and scans
- Photographs of injuries
- Correspondence with healthcare providers
- Details of financial losses or expenses
- Witness statements from family members or carers
An experienced solicitor can review this information and obtain independent medical evidence where necessary.
How Long Do I Have to Make a Claim?
In England and Wales, the law states that medical negligence claims are generally subject to a three-year limitation period.
The three years usually run from:
- The date the negligence occurred, or
- The date you first became aware that your injury may have been caused by negligent treatment (date of knowledge).
There are important exceptions, particularly for children and individuals who lack mental capacity, so if you are concerned that you or a loved one may have a claim, it is important to seek legal advice. Your lawyer will advise you regarding any deadlines that apply to your case.
What Compensation Could Be Available?
Compensation in a medical negligence claim is intended to put you, as much as is possible, back in the position you would have been in had the negligence not occurred.
Depending on the circumstances of a case, compensation can cover:
- Pain and suffering
- Loss of earnings
- Medical expenses
- Rehabilitation costs
- Care and assistance
- Travel expenses
- Accommodation and equipment
Every case is different, and the value of a claim depends on the nature and severity of the harm suffered.
When Should I Speak to a Solicitor?
If you believe that you or a loved one has been harmed due to negligent medical treatment, it is worth speaking to a specialist medical negligence solicitor. An experienced legal team will speak to you about what happened, listen to your concerns, assess the likelihood that you have a claim, and advise whether they can assist you.
These initial consultations should be free of charge and will allow you to understand your options in clear, straightforward terms.
Final Thoughts
Knowing whether you have a medical negligence claim is not always straightforward because a poor medical outcome alone does not necessarily mean negligence has occurred. However, if a healthcare professional's mistake caused you avoidable injury, prolonged suffering, or financial loss, then you may be entitled to seek compensation.
Obtaining specialist legal advice at an early stage can help you understand your rights and whether you wish to investigate a medical negligence claim. By having a specialist lawyer in your corner investigating your care, you can get answers about what happened and take steps towards securing the support and compensation you may deserve.
Quote from author. Gemma Lewis, Partner and Specialist Medical Negligence Solicitor from MDS, said “It can be difficult to decide to investigate the medical treatment that you have received. Many people who have been harmed as the result of medical negligence just want to put it behind them, but in a lot of cases that is not possible because of the lasting impact of the negligence, which not only affects them physically and psychologically, but can also cause financial struggles. If you are concerned about the care you have received and you would like advice, please reach out.”
