Can I Make a Claim For Medical Negligence?

When we visit a hospital, we expect to be looked after, yet sadly, sometimes medical experts can let us down with a poor standard of care.

NHS Resolution, the NHS dispute-handling body, settled some 16,484 cases in 2021/2022, paying out £2.5 billion.

Yet, with the NHS under considerable stress due to a range of factors including chronic underfunding, understaffing, and winter pressures, it’s likely that incidences of poor care – also known as medical negligence – may become even more common.

In this article we look at whether you can sue a hospital for medical negligence, including the information you need to be able to sue, other factors that can benefit your chances of success, and how long you have to make a claim.

Can I sue for medical negligence?

The short answer is yes, you can sue a healthcare provider for medical negligence. If you received care from a healthcare provider that was substandard and resulted in you being injured, then you may be able to make a claim.

What factors influence the success of a medical negligence claim?

If you make a medical negligence claim against a healthcare provider, you will be asked by your solicitors to provide evidence to support your claim. There are several different types that can be used:

• Photographs – Of your injury when it occurred, or shortly after.
• Medical records – Your medical records should have logged the injury and include things like x-rays, MRI scans and so forth. Medical records are important, so be sure to visit your GP and get the injuries logged in the unlikely event the hospital you received poor care at fails to log your claim.
• Statement – You will be asked to provide a personal statement about what happened. This statement must be as detailed as possible. Your solicitor may ask family and friends to provide evidence too.

Your lawyer will then enlist the help of medical experts who will report on how you were treated and the effects on you, and whether the healthcare provider was to blame.

How long do I have to claim against the hospital?

You will typically have three years from the date that the medical negligence occurred to make a claim.

If you were under 18 when the malpractice occurred, you will have three years after you turn 18, up until your 21^st birthday.

If you have been affected by medical negligence, it can be a good idea to enlist the help of a solicitor to help you get the compensation and justice you deserve. Do you know anyone who has been affected by medical negligence? What was their experience? Share your thoughts in the comments section below.

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