What is Classed as Medical Negligence?

Medical negligence is the term used to describe substandard medical care. The substandard level of care may have directly caused an injury or caused a pre-existing condition to worsen.

There are many ways that medical negligence can occur, such as surgical mistakes and incorrect treatment.

Making a compensation claim for medical negligence can seem difficult and complicated, but Cosmetic Surgery Solicitors is here to make the process as easy and jargon-free as possible.

If you have a question about making a claim, take a look at the commonly asked questions below, or give us a call on 0808 256 1296.

How do I make a medical negligence claim?

To make a medical negligence claim, it is important to contact a specialist solicitor to help you. Cosmetic Surgery Solicitors is able to handle making the claim for you, and everything that follows.

Fill in our enquiry form to start your claims process today.

How do I prove my medical negligence case? 

The first step to making any medical negligence claim is to establish that it is valid. To qualify, you will need to prove liability and causation. To establish liability, it needs to be proved that the practitioner that treated you was negligent in the standard of care that they provided to you.

To prove causation, it needs to be demonstrated that their negligence was responsible for your injury/condition. Evidence in the form of photographs, medical documents, and any emails/letters can help us build your medical negligence case. 

How much can I claim?

Each case is different, so there is no consistent figure that can be provided for every instance. Compensation amounts can depend on the following: 

• The severity of the injury
• Financial loss due to the recovery time 
• The amount of proof you can provide

Are there time limits to make my claim?

Yes, there are time limits to be able to make your claim. In the UK, you have three years to make a medical negligence claim from the date that you realised (or ought to have realised) your injury was linked to the medical negligence (which is not necessarily the date on which you suffered the injury). 

There are some exceptions to this rule, however. If you suffered medical negligence before age 18, the three-year time constraint only comes into action when you turn 18.

Also, if you, or the person you are claiming for, lack the mental capacity to be able to make a claim for yourself, the three-year time limit is not factored in.

The court also has the discretion to allow you to pursue a claim outside the time limit. 

Can I claim against the NHS?

Claiming against the NHS can feel daunting, but it is possible and within reason to do so. If you have suffered an injury or illness due to the negligent practice of an NHS practitioner, you may be entitled to compensation, just as you would be if it was a private practitioner. 

How long do cases take to settle?

At Cosmetic Surgery Solicitors, we try and settle claims as quickly as possible, while making sure you get the compensation you deserve. The time your claim takes depends on the complexity of your case, and every case is different.

Contact us

If you have any further questions, or have suffered from medical negligence and require advice, we are here to help. Contact us on 0808 271 8345 or fill out our online contact form.