How To Sue A Doctor – A Guide To Claiming Compensation For Suing A Doctor

Have you suffered as a direct result of your doctor’s failures? If they failed to uphold their duty of care to you, then you could be entitled to make a medical negligence claim against them. In this article, we aim to give you a better understanding of your rights in this situation. What’s more, we’ll guide you through the claims process, using our years of legal experience to show you how you could successfully sue a doctor. 

How to sue a doctor
How to sue a doctor

Making legal proceedings alone can be a daunting task, not to mention distressing if you’ve suffered as a result of the incident in question. With this in mind, it’s always helpful to seek legal assistance from a professional. 

Our specialist advisors can give you a free initial consultation tailored to your unique set of circumstances. Once they know more about your case, they can connect you with our panel of medical negligence lawyers. If you have grounds to make a valid claim, they can handle your case on a No Win No Fee basis. Therefore, you won’t have to worry about any financial risks, as we’ll only take payment if we win compensation for you. 

So, whether you’re interested in getting your free initial consultation or you’d like to learn more about the services provided by our panel of medical negligence lawyers, please don’t hesitate to get in touch today. Why not see how we could help you get the payout that you deserve for your suffering?

Select a Section

  1. How To Sue A Doctor- A Guide To Claiming Compensation
  2. Why Would You Sue A Doctor?
  3. What Is A Doctor’s Duty Of Care?
  4. How Can A Doctor Breach Their Duty Of Care?
  5. Doctor Negligence Stats
  6. What Should I Do If I Experience Negligence From A Doctor?
  7. What Is The Average Payout For A Negligence Claim?
  8. No Win No Fee Doctor Negligence Claims
  9. How To Find The Best Medical Negligence Lawyers
  10. Talk To Our Advisors
  11. Further Guides

How To Sue A Doctor – A Guide To Claiming Compensation

If you feel that you may have grounds to sue a doctor, this article could help answer some common questions that you may have if you’re thinking about pursuing legal proceedings, such as:

  • Could I sue a doctor for emotional distress, pain and suffering?
  • What is involved in the medical negligence claim process?
  • How could a doctor breach their duty of care and what are some common medical negligence cases?
  • What is the average payout for a medical negligence claim against a doctor?

Furthermore, we’ll include some of our expert tips on what to do if you fall victim to medical negligence, including:

  • What should I do if I experience medical negligence from a doctor?
  • How could using a No Win No Fee solicitor help me?
  • Where could I find the best medical negligence lawyer to handle my case?

As mentioned above, pursuing legal proceedings alone can be a daunting task, not to mention distressing if you’ve suffered as a result of the incident in question. With this in mind, it’s always helpful to seek legal assistance from a professional. So, whether you’re interested in getting your free initial consultation or you’d like to learn more about the services provided by our panel of experienced lawyers, please don’t hesitate to get in touch today.

In the meantime, we hope that you enjoy reading this article and find the information provided useful. 

Why Would You Sue A Doctor?

If a doctor failed to uphold their duty of care to you, then you could be entitled to make a claim against them. Providing you can prove that the doctor in question caused your suffering unnecessarily, you could have grounds to sue them.

Did you know that medical negligence claims have time limits within which you must claim if you want to access your compensation? In typical cases, this period is 3 years, effective from the date of the incident or the date that you obtained knowledge that you were suffering from an illness or injury related to the negligence of the doctor.

However, if you’re under 18 or you’re claiming on behalf of someone else, exemptions will apply to these time limits. In waiting too long before deciding to make a claim, you risk missing your chance to get the payout that you deserve for your suffering.

Our specialist advisors can give you a free initial consultation tailored to your unique set of circumstances. Once they know more about your case, they can tell you whether you could still be eligible to make a claim and even how much you could be entitled to for it. So, to learn more about your situation, why not get in touch with us today?

In the meantime, you can have a look through the next few sections for some examples of why you may wish to sue a doctor, ranging from misdiagnosis to a surgical error.

Misdiagnosis

Whether you were issued a misdiagnosis or received no diagnosis when one was owed to you, you could be able to sue a doctor for their failures. Providing you can prove that the doctor in question caused you to suffer unnecessarily, you could have grounds to make a claim against them.

So, whether it’s an incorrect diagnosis that you’re concerned by or a lack of one entirely, you should never ignore your instincts when it comes to your health. If this is the case, then it may give you peace of mind to address the issue with a healthcare worker. In doing so, you could explore any alternative explanations that could account for your concerns.

Surgical Errors

Another example of medical negligence that you may want to sue a doctor for is surgical error. A type of surgical error commonly reported by the NHS is Never Events. 

An NHS report into occurrences of clinical negligence within the organisation explored Never Events in 2020. Defined as serious incidents that are wholly preventable, 205 Never Events occurred between April and October that year. The report specified that the most frequent Never Event incidents were:

  • Surgeries being performed on the wrong body part 
  • Foreign objects being retained in the body after surgery
  • Gastric tubes being misplaced and feed being incorrectly administered
  • Medication being administered by the wrong route
  • Incorrect implants or prosthesis being fitted

Whatever the circumstances that you experienced, it’s never okay. Providing you can prove that the doctor in question caused your suffering unnecessarily, you could have grounds to sue them. 

In the next section, we’ll provide you with some of our expert tips on what to do if you fall victim to medical negligence. So, for more information on how you could successfully sue a doctor, please continue reading. 

Alternatively, whether you’re interested in getting a free initial consultation or you’d like to learn more about the services provided by our panel of medical negligence lawyers, please don’t hesitate to get in touch with us today.

Prescription Errors

According to an NHS report into medical negligence that the organisation was responsible for in 2012, 1 in 20 prescriptions issued to patients were wrong. The most frequent errors made by healthcare workers that led to these incorrect prescriptions include:

  • Patients taking the incorrect dosage due to insufficient information being issued with the prescription
  • Healthcare workers insufficiently monitoring the patient’s symptoms after issuing their prescription
  • A lack of appropriate checks given to patients with simultaneous prescriptions being issued (in such cases, the risk of prescription errors rises by 16% with each dosage prescribed)

What Is A Doctor’s Duty Of Care?

If a doctor failed to uphold their duty of care to you, then you could be entitled to make a medical negligence claim against them. Providing you can prove that the doctor in question caused your suffering unnecessarily, you could have grounds to sue them.

Typically, you will need to be able to prove that your situation meets the following criteria to establish grounds for a medical negligence claim against a doctor:

  • The doctor in question owed you a duty of care
  • This duty of care was breached by the doctor
  • You suffered harm as a result of this breach by the doctor

Whether you believe that you have grounds to make a claim or not, please don’t hesitate to get in touch with our team of specialist advisors today for a free initial consultation. In the meantime, please continue reading for some examples of how a doctor could breach this duty of care.

How Can A Doctor Breach Their Duty Of Care?

Health professionals, including doctors, have a duty of care that they must uphold to protect their patients’ wellbeing. In some cases, when this duty of care is breached, a mistake is easy to detect. For example, a doctor’s actions might stray far from the expected standards. Alternatively, you can find some more examples of how a doctor may breach their duty of care in the next section of this article. 

In many cases, instances of medical negligence can be more difficult to identify. What’s more, even if a doctor admits wrongdoing, the issue of determining liability can be particularly tricky. This is due to the fact that exceptions are given in cases of accidents, as mistakes can happen regardless of intention. 

So, in order for you to be able to establish your doctor’s negligence, you’ll need strong evidence to give your claim the best chance of succeeding. One way that your suffering can be evidenced is by getting a medical report from an independent expert. Their report will evaluate how you’ve been impacted by the incident in question, both physically and mentally. Most importantly, it can be used to determine whether or not your suffering was caused by the doctor.

If you choose to work with our panel of experienced awyers, they can arrange an appointment for you using their extensive network of clinical professionals across Britain. What’s more, they can handle your case on a No Win No Fee basis. Therefore, you won’t have to worry about any financial risks, as they’ll only take payment if they win your compensation for you.

If you’d like to learn more about the services provided by our panel of medical negligence lawyers, please don’t hesitate to get in touch today for a free consultation.

Doctor Negligence Stats

At this point in our guide, we’ll take a moment to examine some recent statistics on medical negligence claims. According to a report by the NHS, the organisation received more than 10,000 claims of this nature between 2018 and 2019 alone. 

The report saw an increase in the number of cases mediated before trial, with a rate of 6 to 1. Nevertheless, the NHS still had a total value of clinical negligence claims at a figure of about £83.4 billion.

To break down the statistics of the 10,678 clinical negligence claims included in the report, the most frequent included:

  • Emergency medicine claims
  • Orthopaedic surgery claims (related to musculoskeletal incidents)
  • Obstetrics claims (related to pregnancy, labour and postpartum incidents)

Of these clinical negligence claims, the highest valued were seen in the fields of:

  • Obstetrics (£2.5 billion)
  • Emergency medicine (£422 million)
  • Paediatrics (£333 million)
  • Orthopaedic surgery (£216 million)
  • Neurology (£147 million)

What Should I Do If I Experience Negligence From A Doctor?

Commencing legal proceedings alone can be a daunting task, not to mention distressing if you’ve suffered as a result of the incident in question. With this in mind, it’s always helpful to seek legal assistance from a professional. However, in the wake of falling victim to medical negligence, here are some steps you could take in the aftermath.

If you want to sue a doctor that works for the NHS, raising your concerns using their official complaints procedure could help you learn more about your situation. After their investigation into your incident, their findings could inform you of whether or not you should take legal action.

As we’ve mentioned before, having a specialised lawyer handle your case could boost its chances of success. Our panel always handles cases on a No Win No Fee basis. Therefore, you won’t have to worry about any financial risks, as we’ll only take payment if we win your compensation for you. 

To learn more about the services provided by our panel of medical negligence lawyers, please don’t hesitate to get in touch today. In the meantime, please see the next section of our guide to see how claims for medical negligence are valued and how much compensation you could be entitled to for your suffering. 

What Is The Average Payout For A Negligence Claim?

Are you wondering how much compensation you could be eligible to receive as part of a medical negligence claim? In this section, we’ll provide some information on how medical negligence claims are valued and how much compensation you could be entitled to for your suffering.

Compensation for medical negligence claims is awarded according to two heads of damage; general damages and special damages. Whereas general damages could be claimed to compensate for any physical or mental damage that your doctor’s negligence caused you, special damages could be claimed for any financial costs incurred as a result of your suffering. 

To value compensation for general damages, the extent of physical and mental damage caused is examined, in addition to the impact on your quality of life. One way that this could be determined is by a medical assessment from an independent expert. Their report will evaluate how you’ve been impacted by the incident in question. Most importantly, it can be used to determine whether or not your suffering was caused by a doctor’s negligence.

Calculating General Damages With A Personal Injury Claim Calculator

In our years of experience with medical negligence claims and the like, we always advise prospective claimants to be wary of using claims calculators when looking to see how much they could be entitled to. This is because the estimated compensation figures that they produce can be inaccurate, reflecting generalised circumstances rather than the unique features of your case.

For a consultation you can trust, our specialist advisors can give you a free assessment of your unique circumstances today. Once they know more about your case, they could even connect you with our panel of medical negligence lawyers if you have grounds to make a valid claim. For more information, please contact us today.

In the meantime, this table provides estimated compensation figures from the Judicial College Guidelines:


Injury

Notes

Award

Post-Traumatic Stress Disorder (moderate)

You will be expected to fully recover without lasting disabilities

£7,860 to £21,730

Shoulder (moderate)

You will experience frozen shoulder and have limited movement for a period of about 2 years

£7,410 to £11,980

Post-Traumatic Stress Disorder (PTSD)

You will be disabled by your persistent trauma

£56,180 to £94,470

Severe foot injury

You will require extensive surgery, causing disability and hindering mobility

£39,390 to £65,710

Back (severe)

You will have a damaged spinal cord and nerves, causing immense pain and disability

£85,470 to £151,070

Special Damages

Whereas general damages can be claimed in attempts to compensate for any physical or mental damage that your doctor’s negligence caused you, did you know that special damages could also be claimed?

This type of compensation could be awarded for any financial costs that you incurred as a result of your suffering. Generally, it aims to allow you to be restored to the financial standing that you held before the incident in question.

Costs that you could potentially recover through special damages include, but are by no means limited to:

  • Medical fees (e.g. the cost of your prescription)
  • Care expenses (could be for gracious care or professional care)
  • Travel costs (e.g. transport fares to and from your medical appointments)
  • Loss of income (could also include any potential future loss of income)

As mentioned earlier, you’ll need strong evidence in order to give your claim the best chance of succeeding. For special damage claims, this can be done by retaining any documentation that proves any costs incurred as a result of the incident in question, such as receipts and copies of your bank statements.

No Win No Fee Doctor Negligence Claims

If you have grounds to make a valid claim, our panel of medical negligence lawyers can handle your case on a No Win No Fee basis. Therefore, you won’t have to worry about any financial risks, as we’ll only take payment if we win your compensation for you. 

In addition, you won’t have to worry about any other fees to pay, with no hidden or upfront costs included in the agreement. If our panel of lawyers wins your case for you, then a success fee will be taken from your payout to cover their legal costs. This is a small percentage of your settlement that’s capped by law to ensure you get the compensation that you deserve.

How To Find The Best Medical Negligence Lawyers

Making legal proceedings alone can be a daunting task, not to mention distressing if you’ve been caused to suffer as a result of the incident in question. With this in mind, it’s always helpful to seek legal assistance from a professional. 

Our panel of personal injury lawyers handles claims across Britain, using phone calls and emails to update their clients on their case. So, there’s no need to find a local law firm if you’re looking for legal help; the best lawyers could be just a phone call away.

For information on how to get in touch with us, please see the next section or call the number at the top of your screen.

Talk To Our Advisors

Our specialist advisors can give you a free initial consultation tailored to your unique set of circumstances. Once they know more about your case, they can connect you with our panel of medical negligence lawyers. If you have grounds to make a valid claim, they can handle your case on a No Win No Fee basis. 

So, whether you’re interested in getting your free initial consultation or you’d like to learn more about the services provided by our panel of medical negligence lawyers, please don’t hesitate to get in touch today. Why not see how we could help you get the payout that you deserve for your suffering?

Further Guides

 

Guide by Mav

Edited by Bil