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How to make a compensation claim for medical or clinical negligence

By Ian Morris | Updated December 12th, 2022

59 questions have been answered on this subject, why not ask your own?

Receiving negligent medical treatment is a serious matter. It can cause stress, pain and discomfort, and may have severe long-term implications on your health, work and lifestyle. Medical and clinical negligence are both terms that refer to poor treatment that you might have received from a health professional. Here we’ll talk you through some common questions and explain when you might be in a position to make a claim.

Table of contents:

What is medical negligence?

Medical negligence is a term used to describe substandard care from a medical professional, particularly if this care has caused an existing health condition to get worse or resulted in an injury.

This might be because of an operation that has gone wrong, because of unprofessional or poor-quality treatment, or because of a misdiagnosis with extremely serious consequences. There are many other examples.

Medical negligence covers areas commonly related to the NHS or private medical treatment.

What is clinical negligence?

The two terms are sometimes used interchangeably, but it can be helpful to think of clinical negligence as covering more areas of healthcare than medical negligence.

Clinical negligence encompasses everything from dental practice and physiotherapy to psychiatry, chiropractic and alternative medicine.

Again, it relates to receiving treatment which has been negligent, neglectful or careless, and which has had serious negative consequences.

Can I claim against the NHS?

Yes, you can. The work done by the NHS changes millions of lives for the better, and treatment is typically carried out to an admirably high standard. However, in an organisation this large, cases of medical negligence do regrettably occur. If your quality of life has been severely impacted as the result of a mistake, you still have the right to compensation.

It’s important to remember that a claim against the NHS is intended to help you return to the situation you were in had the negligent treatment not occurred. It would be wrong to see it as a cash-cow for benefitting financially.

Regardless of who you’re claiming against – be it a private practice, the NHS, or even an individual health professional – the same principle of recompense applies. You have a legal right to receive the full level of compensation that you’re fairly due. We’re here to help you do that.

How do I know if have a claim for negligence?

Early on, this can be a tricky question to answer. Every case is individual and depends on factors such as the extent of the negligent treatment, the negative effects of the treatment, and your own medical history.

In the first instance, feel free to get in touch to discuss the specifics of your own case. We’ll always be happy to give you honest, obligation-free advice about what would be the best course of action.

The healthcare industry is an enormous one, incorporating any number of different conditions, diagnoses, and courses of treatment, so it’s not until hearing the particulars of a case that we can offer more clarity on your right to compensation.

Some claims are very clear-cut – such as an operation going drastically wrong due to a pre-existing condition – whereas others require more evidence. In certain cases, it’s not until medical records have been released that it becomes clear how much liability is involved.

A delayed or incorrect diagnosis, for example, does not necessarily make a claim. Many health conditions have symptoms that can be tricky to identify, even for professionals. However, if a misdiagnosis has resulted in rushed treatment with adverse side-effects, making the undiagnosed condition worse, or if a professional has overlooked clear evidence of a life-threatening disease such as cancer, then this can often lead to a claim.

We’ve dealt with many claims for medical and clinical negligence over the years, so we’re in a strong position to share our advice and experience.

How do I make a claim for medical or clinical negligence?

When we talk to you, we’ll put together a full account of the treatment you’ve received, as well as any relevant information from your medical past.

Any extra evidence you have in the form of official documents, notes and letters will also be useful.

If you’ve been expressly told by a doctor or healthcare professional that you’ve received negligent treatment, this is always very helpful – so do let us know if so. If not, however, don’t see it as a problem.

Once we’ve assessed the evidence, we’ll determine how strong a case you have. We’ll always be open and honest, and if we feel confident that we can help you receive compensation, we’ll move onto the next step: funding your case.

Are claims made on a no-win, no-fee basis?

Yes, by far the majority of our clients are awarded compensation on a no-win, no-fee basis, or occasionally through legal aid. We’re always happy to explain the process in more detail if there’s anything you’re unsure about.

The key thing to understand is that you’ll have no costs to pay if your case is unsuccessful.

What happens after the funding has been arranged?

The next step is usually that we’ll request access to your medical records, to further strengthen your case and to check no other mistakes have been made.

After weighing up these records, we’ll combine them with all other evidence that might prove helpful to your case. This might include a medical examination by an independent expert, and any relevant witness statements.

You can rest assured that we’ll keep you informed and included at every step of the process.

How long does a claim take?

This varies according to each particular case. If the other party admits liability for the negligent treatment – which sometimes happens early on – the whole process can be wrapped up in a few months. In more complicated cases, things can sometimes take longer.

We take all relevant factors into account when working on your claim for compensation, including the impact on your day-to-day life or professional prospects, and any related costs you might have incurred.

Once the other party has admitted liability, we can often arrange an interim compensation payment to be made, before a final settlement is reached. This can be vital in helping you fund your rehabilitation safely and securely.

Is there a time limit to making a medical negligence claim?

The law states that in most cases, you need to begin a negligence claim within three years. This time period starts from the date at which you became aware of the negligence, or first suspected it, rather than when the treatment was provided.

We would always recommend that you contact us as early as possible, to allow us to begin work on your claim while information is still fresh. In certain cases, however, the effects of negligent treatment can take months, or even years, to become fully apparent.

There are two exceptions to the three-year limitation period. You can make a negligence claim on behalf of a child at any time before they turn 18. Similarly, if someone lacks the mental capacity to make a claim themselves, no time limit applies.

Is it possible to make a claim related to mental health?

Yes, it is. If you can prove that you’ve received negligent treatment from a mental health professional, you may have a case for a claim. This might relate to anything from being prescribed the wrong medication to being discharged too early from your treatment, causing you harm.

Again, we can advise you in gathering as much evidence as possible to back up your case.

On a separate note, in some cases it can also be possible to make a claim for medical or clinical negligence relating to the psychological damage from the effects of medical malpractice.

Let us help

Have you received negligent treatment? You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, we can . After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

59 questions have been answered on this subject, why not ask your own?

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    Questions

    Read on for questions and advice about claiming, plus medical negligence claim examples...

    The Solicitor is correct in stating that there is a risk in now taking the matter before the courts. If the courts rule in favour of your Daughter and award a higher settlement, then there are no concerns and a higher settlement will follow.

    However, if the court rules that the award should be £29,999, then your Daughter will be exposed to the need to cover an extensive amount of costs, thus rendering her claim pointless.

    Do you know if an ATE policy was put in place on the claim? If so, that may cover the risk of court fees and would enable the claim to be placed before a Judge. It is likely that a Judge would rule in favour of your Daughter, but not guaranteed and it is clearly a big risk to run that gauntlet.

    Reply

    After a burst appendix, my bowel was nicked in surgery and I was not operated to resolve the issue until 6 months later and going into hospital four times.
    My care from the hospital was not as I expected and they have never accepted fault.
    The original operation was July 2019, do I have a claim?

    Ian Morris

    Did you ever make a formal complaint to the Hospital in question regarding your treatment and concerns about negligence?

    Reply

    Hi I made a claim for dental injury in 2016. I attended 2 examinations one for my solicitor then another on behalf of the defendant .due to the time passed the case has been set for trial in April 2022. But December 2021 I was offered an out of court settlement of £13000. My solicitor advised that they needed my update medical reports as I suffered more injury due to the negligence . Then in august 2021 my solicitor wrote back to the defendant saying we decline the £13000 and put a counter offer for £40000. I have no response since apart from a phone call saying the defendant are possibly requesting that a go for yet another expert medical examination. I’ve already attended 2 for my solicitor and the defendants and this is going on through a negotiation. Do I have to attend another one when I’ve done it before.

    Ian Morris

    Although your frustration is understandable and the time taken in this claim seems lengthy, it may well prove beneficial in the long run, to attend a further medical – if that makes the difference in achieving an appropriate settlement for your claim. Have you asked your Solicitor for a written explanation as to why the new report may be recommended?

    Reply

    Good morning, Im looking for some advice. My Dad started a claim prior to his death and now the claim is in my mums name with me as acting party. In a nutshell, my Dad was diagnosed with aggressive bladder cancer which as a family we put our trust into the NHS and were happy that the NHS acted swiftly and did their upmost to try and help him with the battle against cancer. The initial reason we went to our current solicitor was because we wanted answers to the poor care my Dad was given which resulted in him having to have a colostomy bag, no doctor, nurse or specialist would tell us. It turns out after obtaining the medical reports, that a tumour was spotted during a scan in early 2017 (for another issue) but not acted on and we have a letter in his medical files that was written but never sent to the powers that be to advise of this tumour. He wasn’t diagnosed until mid 2018 with the cancer. Anyway, since the solicitor has got hold of this, he has used this as some form of leverage to obtain a case. But due to his massive delay, he forgot about this letter so raised his claim on delay thus seeking evidence for 3 professionals and NOT dealing with the matter that we went to him for in the 1st place, he just keeps telling me now that everything flows and its frustrating as he says if the 4th report doesn’t back what another report says he may have to drop so again I will be left with no answers as he has not reviewed the case or the reports or in fact raised this letter to state the cancer was there so we can move on to find out why he ended up with a bag. He keeps saying to me, don’t forget I’m funding this and Im at the end of my tether as I just want to now why my dad died with no dignity. I have asked him for the disc with all my dads medical history including ward notes so I can start to build a case of my own. Do you think you could review the report’s and medical history and help or at least offer advice?

    Ian Morris

    We do have Solicitors that we can pass your enquiry to – clinical negligence is a very specialist and niche area within personal injury and requires specialist handling. With this in mind, it is vital that any work in such a claim type is handled by someone who is an expert and specialist in clinical negligence.

    If you would like to have this matter reviewed, you can email us at justice@direct2compensation.co.uk attaching any reports you wish to have reviewed along with your name and contact information and we’ll gladly ensure that an appropriately qualified specialist with a proven track record in clinical negligence matters reviews the same and advised you further.

    Reply

    A client of mine went to an IPL clinic and was severely burned from the laser hair removal treatment she received. Moreover she was given extremely poor advice and told it was merely a skin reaction, which delayed treatment, causing permanent scarring (which had to be treatment in a hospital!)
    She has put in a compensation claim, but it turns out the therapist had no insurance. Can anything more be done now?

    Ian Morris

    It can be possible to pursue a claim directly against the individual practitioner. However, this is not straightforward and would only be viable if the practitioner had sufficient financial strength to be able to accommodate the costs of a claim and fund both legal costs and settlement.

    Reply

    I have an ongoing medical negligence claim for a heart attack misdiagnosis. I am looking to claim for loss of earnings, both past and future. However, I am self-employed and was off work with a back problem (that I have suffered with for over 12 years and still managed to work) for 18 months previous to my heart attack. I was 65 when I had the heart attack and intended working until I was 70.
    My legal advice is that because of my long period of not working pervious to the heart attack, I will have great difficulty persuading the defence, or a judge that I would ever have gone back to work. I have all my accounts showing proof of income before the heart attack. It seems wrong for any suggestion that because of my age and the exceptional period off sick, I would never have gone back to work. For me to loose 5 years of income based on this presumption cannot be right?

    Ian Morris

    Although we have sympathy for your situation, the problem you have is one of a lack of evidence. Although there is nothing to say you would not have returned to work, as you already know, the defendants will jump on the fact that you had not worked in the 18 months prior to the Heart Attack and a court is likely to side with them regarding any future loss of income.

    Reply

    Hi i am making a claim against the NHS, the other party has made an offer of 20,000 after 20% plus ate I durance I will be left with 15,000, it’s fur a cancer negligence case. I asked the solicitor to put in a counter offer that she did but now has come back to me and said there is a deadline and if you don’t instruct her to accept this offer I will be liable for fees, this was taken on a no win no fee basis. The barrister appointed said the case was worth more than 20,000 and advised to put in an offer of double and expect them to return with a slightly lower counter offer. I am worried now that I could end up in a financial mess and feel they have not handled thus well. This has been going on for 5 years. Any advise would be appreciated. Thank you.

    Ian Morris

    You need to check whether your Solicitor has had a response to the counter offer and ask them to liaise with the defendant about that (perhaps seek a brief extension to the acceptance period whilst they return with an increased offer or decline the same).

    If you are not happy with your Solicitors handling of your claim, you should complain to them formally.

    Reply

    Hi Ian,

    I was unaware at the time it states on my hospital records i was diagnosed with CKD in 2008 though only water tests and serum and creatinine tests has been made both of which was out of the range when received results.
    no follow up or referral was made in 2008, then in 2013 i got the symptons of ESRD. In 2015 I received a kidney transplant. On my records it states i have bilateral kidneys, and the condition was hypertensive uncontrolled and worsening CKD. I have only seen the records late last year, do you think i can make a claim for this? i think may be difficult in causation, however the trust should of investigated me when I was younger?

    Ian Morris

    It would seem that you only became aware of this situation last year and as such, you would be within limitation and could therefore at least make further enquiries with a clinical negligence specialist as to whether or not negligence can be established.

    Reply

    Hello I’m currently going through with a medical negligence claim. My solicitor has shown me the ATE schedule and my premium is above £5000. Does this sound right?

    Ian Morris

    Although that premium is high, it does not mean that it is not correct. In some cases, the risks and potential exposure to costs in some cases can be excessive and as such, ATE premiums can be high.

    Before you agree to the ATE cover, you should ask your Solicitor why it is so expensive and whether there is any possibility of getting cover at a cheaper rate.

    Reply

    Had a stroke 4 years ago and it took the ambulance and response team 5 hrs to get to me then was sat in a ambulance park for 2 hrs which without proper treatment ended up in a coma and now not well with walking severe disabilities, doing simple tasks headaches and this could have been prevented as the emergency services were called multiple times throughout 5 hrs.

    Ian Morris

    To make a claim for clinical negligence compensation, a claimant MUST make a claim within 3 years of the date of the alleged negligence. Notwithstanding the consequences of the delays on your recovery/health, you are sadly barred from making a claim due to the time that has passed since the alleged negligence.

    Reply

    My mother passed away 12mths ago on the 14/12/2019. we had an inquest and nothing was untoward but the coroner did say that mom had not had a home visit from a doctor for 18months is this negligent in any way? We have not made a fuss about this because it’s our family doctors and has been a good one for all of us for many years.

    Ian Morris

    The lack of a home visit from a GP is not in and of itself negligence. However, if clinicians (nursing staff, physios, carers etc) had been requesting such attendance and a GP had simply ignored to do so, it may be negligence.

    Claims for clinical negligence are notoriously difficult to pursue and ascertaining what is or is not negligent is far from easy. We do work with a specialist in clincial negligence matters who can consider the situation for you if you wish.

    Reply

    I had an accident and then I had surgery. Now I’ve got talking problems and I think that the Hospital treatment was wrong. I don’t know what to do?

    Ian Morris

    If you think that medical treatment or surgery has caused further problems through negligence, you first need to make an appointment with your GP to discuss the problems that you are having and ask them whether they have any concerns that negligence may have been an issue. As you can imagine, making a claim for clinical negligence compensation is far from straightforward in that establishing whether the poor outcome of a medical procedure or surgery was just an unfortunate possibility or whether it is down to negligence is extremely difficult.

    If a Doctor advises you that your problems could be attributed to negligent medical practice, you could contact us to seek advice from one of our clinical negligence specialist Solicitors.

    Reply

    I was pregnant at 36 years and never got to see any midwife or any GP till i was 12 to 13 weeks when I was going for dating scan. Only to be told the baby stopped growing from 7weeks. And I went through horrible pain. All my consultation was done on phone so. Which I think they should have seen me no matter what from the start of the pregnancy because of my age. Do I stand the chance of claim in this situation?

    Ian Morris

    It is not possible to be certain as to whether or not you have a claim in this situation, but given the clearly traumatic situation, this is something that should be discussed with a clinical negligence specialist. If you would like to get this matter considered by a clinical negligence specialist, please email us at justice@direct2compensation.co.uk regarding the matter, letting us know when and where this happened along with your contact details and we’ll have someone review this and advise you directly.

    Reply

    Hi,

    I had surgery for removal of simple ranula in 2012 and they removed my right sublingual gland. The ranula then re-occurred as a plunging ranula and they decided to remove my submandibular gland (in 2012). I had more surgery as it re-occurred again in 2013, it then came back. In early 2017 I had more surgery and they paralysed my hyperglossal and lingual nerve so I have a permanently damaged tongue (on the right side) and paralysed lip. I got referred to a new surgeon in a different hospital who did surgery in 2019 and removed the left sublingual gland, and my tongue has become more paralysed. I now suffer with nerve pain and have to take morphine nearly everyday, I am now 25. I am now waiting for another surgery as a new scan showed that there is still tissue left from the original right sublingual gland. This shows that a few of the surgeries have been mistakes (and my new surgeon admitted it). Even though the surgery that caused all the paralysis was just over 3 years ago, I am still in continuous treatment, can I make a claim now as it has been proven to be a mistake and the paralysis should not have happened and I still have to have more surgery?

    *May I add that I was informed that if I had speech therapy after the 2017 surgery, it could have prevented the paralysis, but they did not suggest or offer this.

    Ian Morris

    Have you previously had any advice on this matter from a clinical negligence specialist? If not, we can help in getting you such advice with a specialist member of our Solicitor panel.

    If you would like us to get that advice for you and potentially enable you to pursue your claim, please contact us.

    Reply

    My wife had to have her leg amputated below the knee as a result of misdiagnoses by two GP’s from the same doctors surgery.
    We currently have a lawyer working for us and they have advised that we take out ATE cover as the case is moving to potential court proceedings. They have recommended a third party company (quantum claims) for this cover.
    We have written statements from medical experts upholding her claim of negligence.
    Do we really need insurance?
    We have been told that the cost of having the policy if we win would be 20% of any award received. This seems excessive as this could be thousands of pounds.

    Ian Morris

    It is hard (& not particularly fair) to second guess the advice of a specialist Solicitor. Of course, the ATE premium would have to be repaid if the claim is won and if the value of the policy is substantial, that could indicate a substantial cost.

    Have you asked for your Solicitors advice on the need for ATE cover in writing? Have you asked if they can assist in mitigating the fee exposure and seek an alternative, cheaper cover for you?

    Reply

    I am doing an 18 day clinical trial, 3 days into it I got badly biten by bed bugs, now a week after they say I can go home without paying in full as it is not study related. Surely it is their negligence, can I claim?

    Ian Morris

    The bites that you have received, whilst painful and uncomfortable may not be seen to be a sufficiently serious injury to enable a claim for personal injury compensation. However, if the bites leave scarring or cause pain and discomfort for more than 4 weeks, you are likely to meet the severity of injury requirement.

    As for not being paid for the study, it is hard to see why they would not have paid you as you haven’t left out of choice, but due to the bites sustained.

    Reply

    Hi
    My father has recently had a botched cosmetic surgery. The surgeon is desperate to avoid court. His insurers have today offered my father £5000 now as a gesture of good will. They have made it clear that this is not an admittance of liability. They have also stated, as did the surgeon, that all future surgery to rectify the damage will be free and after the final surgery they will re-access the situation and then possibly offer more compensation. If my father accepts this money is he also, in a legal sense, accepting that there is no liability and therefore forfeiting any right to take the surgeon to court in the future ?

    Ian Morris

    Given the fact that there has been an offer of £5000 (not an inconsiderable sum!), it indicates that the ‘defendant’ is of the view that they need to do something. Accepting their offer is likely to render any future legal claim null and void, so it would be unwise to accept that offer (even with the further ‘free’ treatment’ unless it can be guaranteed that it is not taken on a full and final settlement basis.

    The sensible thing to do in this case would be to make formal contact with a Solicitor to discuss the matter as it may well be that their offer would be seen as derisory.

    Reply

    Hello, back in 2011 I had an operation to remove cancer cells, the operation when wrong with resulted in me being rushed to a&e and having stitches as they had opened up a valve and I was very poorly. I claimed for this and they didn’t admit fault even tho the doctor was struck off during my claim. I had a settlement paid to me, since then I have suffered with deep depression, anxiety, ptsd, and recently been diagnosed with bowel disease. I am on so many tablets since 2011 because of the operation and my life has drastically changed where I am unable to work. Is their anything I can do to make another claim for my life change due to the incident in 2011?

    Ian Morris

    Unfortunately, the statute of limitation laws which apply to personal injury compensation would now see you barred and unable to take any further action. A claim must be made within 3 years of the date of the incident that caused the injuries (whether they be physical or psychological). Also, in your case as you have already settled the claim (even though you don’t feel that it was settled adequately), the claim will deemed to be settled and closed.

    Reply

    Hi Ian.
    I have Two questions which I will post separately if that is ok.

    In Greece I fell and damaged my foot. An X-ray Revealed no break, however they put a cast on for precautionary purposes and advised me to return home and seek more medical advice In my hospital. I returned next Day and went to A&E. They X rayed it and found no break They said it was a bad sprain. They removed my cast the Greek hospital had put on and told me to walk as much as possible to stop my foot from going stiff. The Pain was excruciating when I walked and had to lend a wheelchair. Three months and several visits to the hospital later, another X-Ray revealed a shock to the Medical staff, i had what they described as a “ displaced intra articular fracture to my calcaneus “ ( a broken heel ) hence the pain. As it was not picked up at A&E, then they removed my plaster cast so I could walk on i , i now have arthritis in my subtalar joint as it was not operated on when it should have. Are The hospital liable for misdiagnosed fracture or delayed diagnosis of fracture?
    Thanks in advance.

    Ian Morris

    Whether or not the Hospital have been negligent in this matter is something that only a clinical negligence specialist could advise. We do not handle matters of clinical negligence due to the complex nature of them and the specialist knowledge needed. We therefore recommend that you contact a Solicitor specialising in clinical negligence to obtain the advice you need.

    Stuart

    Hi Ian .
    Thanks very much for the advice .
    Cheers
    Stuart

    Ian Morris

    You are welcome. If you need any further help or advice regarding claiming personal injury compensation, please do not hesitate to contact us.

    Reply

    My wife is looking to make a claim for medical negligence. She is a registered nurse and pays a monthly subscription to Unite union . Would you know if this membership is likely to have any legal cover ? To avoid having to purchase ate insurance?

    Ian Morris

    In the majority of cases, union membership does provide legal cover and the union is likely to have a Solicitor panel that could assist your wife with her claim.

    Reply

    My newborn son has a really bad heart problem. He is only 3 weeks old and the Doctors in Bristol Hospital have said the heart condition should have been picked up in my scans when I was pregnant with him. The left side of his heart stopped growing when I was 12 weeks pregnant and he is now fighting to stay alive. He is due to have surgery on Monday.

    I want to know if I can do something about this as they should have identified this issue when I had my 20 weeks scan with him and something may have been done to reduce the risk he now faces.

    Ian Morris

    You may be able to make a claim for clinical negligence compensation. However, we do not handle such claims due to the very specific specialist skills needed to pursue such matters. We recommend that you make an online search for a clinical negligence specialist Solicitor and discuss this with them.

    Reply

    I had cosmetic surgery on my neck about 2 years ago, it was plasma treatment, it went terribly wrong i ended up with 2nd degree burns on my neck, had hospital treatment. I got a solicitor on to it , who told me a potential pay out could be £25.000 plus. But the burn healed eventually because of that i was awarded £2.000 i felt pressured into accepting it. The thing is my neck is now so wrinkled a 100% worse than before i had the treatment, and i do blame it on the plasma treatment i had, can i reopen the claim / case?

    Ian Morris

    It is likely to be impossible to reopen the case against the cosmetic surgery provider or their insurers as in their view (and rightly), they have now settled the case.

    You may have grounds to pursue a claim against your previous Solicitor for professional negligence, but that is far from certain. You should make a formal complaint to your Solicitor regarding your perception of being pressured in to accepting the offer of £2,000 and that you believe that they have failed to properly account for the damage caused to you by the negligence. Once that is done, depending on the outcome of the complaint, you could look for a professional negligence Solicitor to pursue action against your former Solicitor.

    Reply

    Hi I dislocated my patella at work in January 2019, I was misdiagnosed after several consultations until July this year when they finally realised my injury which turned out to need surgery which was undertaken in August. In may I was called into a meeting with HR where I was informed that if I didn’t have a return to work date they would evoke termination of my employment so I went back with my knee still unstable with limited mobility, I work in a school so luckily my operation took place during the summer break but unfortunately the recovery period is looking to take a long time and I am now concerned that they will try and terminate my employment on the two year rule as I cannot give them a return to work date yet. I am looking at making a claim against the NHS and a possible claim for unfair dismissal if I am forced out of my job due to injury. Thank you.

    Ian Morris

    May we ask how you sustained the injury to your knee and where that happened? It could be that you could pursue a claim for compensation. If so, and if you were to succeed, you would be able to recover any lost income (which could be substantial if the injury were to cost you your job) along with obtaining compensation for the knee injury (here’s a guide to settlement amounts) and the impact on your independence and mobility caused by the damage you have sustained. We would need to know more about the injury and how it happened before we could advise you as to whether or not you can pursue a claim, so please do provide further details.

    Should you wish to pursue a claim against the NHS on the grounds of medical negligence, you will need to seek the assistance of a clinical negligence Solicitor. Claims for clinical negligence compensation are extremely difficult to pursue and certainly require expert representation by a specialist Solicitor within that claim type. If your employer chooses to terminate your employment and you decide to pursue a claim for unfair dismissal, that matter will need to be discussed with an employment law Solicitor or your Union.

    Reply

    If I had some symptoms of PTSD prior to a medical negligence incident but only had the disorder diagnosed post incident, will my general damages be reduced because of the pre-incident symptoms?
    I had brief symptoms in February/ March 2018 but they soon disappeared leaving me symptom free and in a good state of mind at the time of the incident at end of May 2018.

    Ian Morris

    The pre-incident symptoms will be noted on your medical records and this could be picked up on by the defendant or indeed the medical expert.

    Reply

    I broke my hip about 14 years ago which I needed a pin put in place, after the surgery the surgeon explained he had put the pin in too far. The past year or so I had been getting a lot of pain and how after having to have time off work x-rays and ct scans it shows that the pin had caused a growth on my ball joint which has damaged the socket, this has also caused arthritis cysts on both ball joint and socket and a bone deformity and now need to have a hip replacement and now put on the list and awaiting for the surgery. I have been told I need to stop my job as a mechanic as the heavy work is no good even after the surgery. I was wondering how i go about this as this is all down to a surgery that happened when i was 12 years old and i am now 27.

    Ian Morris

    The situation you describe relates to possible clinical negligence and you do have a right under the UK legal system to seek redress and compensation from a negligent medical treatment provider if negligence can be established. In your case, claim limitation would start from the date that you became aware of the negligence so it may well be worth making contact with a clinical negligence Solicitor asap to discuss your situation with them.

    Reply

    I had the MRSA infection on my left knee when I had a knee joint replacement in December 1999, i have had a further replacement in 2002, I have been under the hospital since, now I may have to have another operation which is very risky. Am I to late to claim for hospital negligence?

    Ian Morris

    Under UK personal injury law, you will be outside of the statutory claim limitation period. This is strictly set to require ANY claim to be made within 3-years of the date of an injury or the date you became aware of possible negligence. In your case you are sadly out of time.

    Reply

    I have been a disabled person since I was born and due to having knocked knees it was extremely hard for me to walk. 10 years ago I had an operation where they broke the fima bone in each leg. Till this day I have been suffering from extreme pain now and again and constant difficulty in my left leg.

    I have been admitted in and out of hospital 3 or 4 times over the past 10 years for extremely bad pain that I could not resist.

    Was admitted into hospital 3 days ago and have now been told that I have had an infection growing for the past 10 years and it isnt an infection that can just come just like that.

    I have been told I may have to be on antibiotics for a very long peroid which doesnt really help and clearly means that this situation may continue for a lot longer then the 10 years it has already.

    Can I claim compensation from an operation that occurred 10 years ago which has been causing me so much grief and hassle.

    Ian Morris

    You may be able to make a claim on the basis of medical negligence – if it can be shown that the infection was caused by negligence and that clinicians should have identified this problem previously.

    Your case will be extremely difficult given the existing health problems and as such, we would strongly recommend that you contact a specialist clinical negligence Solicitor to discuss this further.

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    Hi, just wondering to get some advice. I had a Puva treatment for psoriasis on my palms and feet’s, which involves a UV light in hospital and it states it can get sunburn which is normal. Few weeks ago I mentioned to my nurse that after the treatment on my feets I was in pain as it was blisters and I could hardly walk so they stopped the treatment for few weeks and had a discussion with the doctor to continue on a lowest dose as it’s from beginning. Last Friday I had the lowest dose on my palms and feets and completely ruined my both hands so I needed to go to A&E the following morning. So I’m on sick leave at least for a week as they think it should clear within 7-10 days. Never experienced that sort of pain and as it’s on my both hands I hardly could even brush my hair. Thanks

    Ian Morris

    The scenario you describe could give an indication of medical negligence. As such, have you considered making a claim?

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    I had an injury while I was giving birth. The hospital has hidden my patient file. What can I do?

    Ian Morris

    I am sorry to hear of your situation. In the UK, patients have a legal right to access their hospital/medical records and this can be enforced legally if the patient is denied access.

    If you think that the injury you sustained was by way of negligence rather than just an unfortunate natural incident, you could investigate your prospects of a clinical negligence claim. Clinical Negligence is a very specialised area of personal injury law and as such, I would recommend that you seek the assistance of a specialist in this area if you wish to take such an enquiry further.

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