Understanding the different types of Clinical Negligence claims

Making the decision to start a Clinical Negligence claim can be a daunting prospect for many clients, and we are often asked about the level of care and types of injuries that qualify as Clinical Negligence.

In this guide, we examine how we establish if someone has been injured as a result of Clinical Negligence, the types of injuries we regularly see, and how we calculate compensation.

Starting a Clinical Negligence claim: will my care be affected?

Clients sometimes come to us with concerns about whether their care will be affected if they bring a claim against the NHS or a private practitioner.

However, it’s important to note that claims against the NHS are dealt with by the NHS Resolution – which is an external organisation, separate from the hospital or GP surgery treating you. Claims against private practitioners are often dealt with by external insurance companies.

The care you are receiving should not be affected by the claim.

What do we mean by the term ‘Clinical Negligence’?

There’s no universal approach to Clinical Negligence claims; it depends on the specific circumstances of the care provided, the type and severity of the injuries sustained and the impact the injuries have on the individual’s daily life.

Here are some of the types of cases we investigate:

• Birth Injuries (including cerebral palsy and shoulder dystocia caused by complications during labour and delivery)
• Neonatal deaths and still births
• Maternal birth injuries (including perineal tears)
• Spinal cord injuries (e.g. a delay in diagnosis of Cauda Equina Syndrome or substandard spinal surgery)
• Amputations
• Strokes
• Misdiagnosis or delayed diagnosis of cancer
• Orthopaedic injuries
• Surgical negligence
• Delays in diagnosis and/or treatment such as sepsis
• Fatal claims

How do I prove my care was negligent?

A medical professional owes their patients a duty of care. In order to have a successful claim for Clinical Negligence, you must be able to prove two things:

• Breach of duty – that the care provided to you fell below an acceptable standard
• Causation – that the breach of duty (i.e. the negligence) caused you to suffer an otherwise avoidable injury

In order to assess whether the medical professional has breached the duty of care owed to you and caused you to suffer an avoidable injury, we will speak with you to understand what has happened and what injuries you have sustained.

We will also review your medical records and obtain independent expert evidence from experienced medical professionals.

How much compensation will I receive?

The law says that the purpose of a Clinical Negligence claim is to put the injured person back into the position they would have been had the negligence not occurred.

We understand that this is impossible; however, we know how important it is to ensure that you recover the level of compensation you deserve to ensure your needs are met -both now and in the future.

The value of a claim varies greatly depending on your specific circumstances, the severity of your injuries and the impact on your daily life. We will look at your current and future needs.

The types of things you can claim for include:

1. Loss of earnings – if your injury has impacted your ability to work
2. Care and assistance – if your injury has impacted your ability to care for yourself or others, and carry out household chores
3. Treatment and therapies – if you require ongoing treatment due to your injuries
4. Out of pocket expenses – e.g. travel expenses and parking costs for increased visits to hospital or your GP surgery
5. Adaptations to your home – if necessitated by your injuries
6. Any aids and equipment – that you require due to your injuries, both now and in the future

In addition to the above, you will be entitled to recover an award for the pain and suffering you have experienced as a result of the injuries sustained. The exact amount will vary from claim to claim and will depend on the severity and nature of your injuries.

Can I make a claim on behalf of a deceased relative?

Yes. Sadly, we deal with a lot of bereaved families who have lost relatives due to Clinical Negligence.

Whilst we recognise that a successful Clinical Negligence claim cannot bring a loved one back, in certain circumstances compensation can be recovered to provide for their family.

What should I do if I am considering a Clinical Negligence claim?

If would like more information on Clinical Negligence claims, it’s important to seek expert advice at the earliest opportunity.

Contact our experienced Clinical Negligence team today on 03333 058375 or email [email protected] for a free, no obligation discussion to explore your options. We’re here to help.