Medical or clinical negligence is surprisingly common in the UK, where some 8,000 claims or potential claims are handled by the NHS Litigation Authority (NHSLA) every year.

The process of claiming compensation is somewhat different from normal personal injury claims, largely because the medical community is afforded a degree of additional protection in law. However, this is not to suggest that claims do not regularly succeed in court.

Every year, thousands of negligently treated patients receive compensation from the NHS and private health practices. Provided below is a guide to the claims process.

Types of Claim

One medical negligence case is likely to be very different from the next, but the majority of claims are brought against NHS Trusts following complications arising from surgery. Adverse reactions to medicine, incorrect prescriptions and misdiagnoses also give rise to negligence claims. Most other forms of medical specialty cases have been subject to claims for compensation over the past fifteen years or so. Claims brought against cosmetic surgeons operating in the UK also happen to be on the increase.

First Step

The first step towards claiming compensation is to recognise that harm has been caused. Whilst an injury or illness may be easy to notice in some cases, many surgeries and ongoing health concerns mask the effects of negligent treatment.

It is important to note that the Limitation Act 1980 prescribes a time limit for bringing personal injury claims. Section 11(4) of the 1980 Act states "... the period applicable is three years from – (a) the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the person injured". If the victim of clinical negligence happens to die before this three-year period elapses, the time limit applies from either the date of death or the date of the personal representative's knowledge (whichever is later).

Whilst it is perfectly normal to discuss aspects of a clinical negligence claim with the doctor, nurse or health authority responsible, the first step towards claiming compensation should be to contact a specialist personal injury law firm, which will be able to provide qualified legal advice for the prospective claimant.

Evidence

Standard practice requires many personal injury law firms to discuss the nature of an injury or illness in some depth with the claimant, usually with the help of a registered nurse or doctor. Ascertaining the precise nature of a health condition is crucially important at this stage, as too is gathering as much evidence of the alleged instance of negligence. Medical records, for example, will be required (at a cost) from the prospective claimant's doctors. An independent medical report may also be requested by solicitors.

No Win No Fee

If the prospective claimant is deemed to have grounds to take legal action against the negligent party, no win no fee solicitors can help to minimise the risk to the claimant by ensuring that they need not pay legal fees should their case fail in court.