Medical or clinical negligence claims are surprisingly common in the UK.

Despite providing a generally good standard of care in comparison to many other nations, the NHS is often subject to claims for compensation after patients have suffered injury or illness through the negligence of healthcare professionals.

Private clinics and surgeries in the UK are also affected by clinical negligence claims, which are often contested on a no win no fee basis. Provided below is a guide to claiming compensation for clinical or medical negligence.

Statistics

Statistics often make for grim reading and data pertaining to clinical negligence claims are no exception. The NHS Litigation Authority (NHSLA) handles clinical negligence claims brought against NHS Trusts. In 2010/2011, the NHSLA managed no fewer than 8,655 clinical negligence claims and complaints that could be classed as potential claims. The NHSLA also received 4,346 claims and potential claims that involved non-clinical negligence. These figures can be compared with those for 2009/2010, during which time 6,652 clinical and 4,074 non-clinical negligence claims were received by the NHSLA.

In the past ten years alone, the NHSLA has handled 63,804 medical negligence claims, of which 24,050 (37.69 per cent) were abandoned by claimants, 28,714 (45 per cent) settled out of court and 2,016 (3.16 per cent) awarded damages in court. 9,024, or 14.14 per cent, of cases have yet to be settled. The statistics suggest that most clinical negligence claims dealt with by the NHSLA will be settled out of court, whilst relatively few last the distance.

Types of Claim

Medical or clinical negligence claims can be brought in all manner of circumstances, but NHSLA data make clear which types of claim are more common than others. By the end of March 2011, 25,867 claims for compensation involving instances of negligence during surgery were being dealt with under the Clinical Negligence Scheme for Trusts.

In the same period, 13,095 cases involving obstetrics and gynaecology have been brought, whilst 12,045 claims have been made against the NHS following problems with medicine. Incidents involving accident and emergency (7,800), mental health (1,713), anaesthesia (1,524), radiology (1,107) and pathology (1,001) are also common.

How and When to Claim

Clinical or medical negligence cases can be extremely serious. In some cases, patients are left with severe injuries or illnesses that might not be easy to treat. Worse still, recently published data suggests that as many as 8,000 patients have been killed in NHS blunders in the past 13 years.

Any person who has been the victim of clinical negligence should gather as much information as possible without delay (the law prescribes that personal injury victims over 18 years old bring claims within three years of the injury occurring or the date from which the victim or their representative became aware of the injury) before contacting a specially trained, no win no fee clinical negligence solicitor.

Claiming compensation against negligent healthcare professionals can help to prevent others suffering similar injuries or illnesses.