If you’ve been injured as a result of negligent medical treatment, you may be able to take legal action for compensation. You could also take legal action for compensation if you’re the next of kin of someone:
- who has died because of negligent medical treatment
- who can’t take legal action themselves because they don’t have capacity.
Here are just some examples of clinical negligence. You have suffered injury if the healthcare provider:
- failed to diagnose your condition or made the wrong diagnosis
- there was a delay in diagnosing your condition
- made a mistake during a procedure or operation
- gave you the wrong drug
- didn't get your informed consent to treatment
- didn't warn you about the risks of a particular treatment.
If you’ve suffered an injury as a result of medical treatment, this may be referred to as a ‘medical accident’ or ‘patient safety incident’. This doesn’t mean that your treatment was necessarily negligent. You can claim compensation only if it can be shown ‘on the balance of probability’ that:
- your treatment was carried out negligently, that is, the care you received fell below medically acceptable standards, and
- this directly caused your injury.
You can claim compensation for any injuries or losses suffered which were a direct result of the negligent treatment you received. This can include:
- compensation for pain and suffering
- payment for ongoing treatment
- compensation if you can’t carry out certain activities or hobbies
- loss of earnings
- the cost of any extra care or equipment you may need
- the cost of adapting your home
- compensation for psychological damage.
A claim can be made for the next of kin of someone who has died or doesn't have capacity to make their own claim. The court will take into account certain social security benefits you get because of your injury before they decide how much compensation you’ll get.