Can You Make A Paramedic Negligence Claim?

This guide will prove useful to you if you’re looking into making a paramedic negligence claim. Paramedics when they agree to treat a patient owe them a duty of care to provide that said patient with a service of reasonable skill and care. Should that duty of care not be upheld then a patient could suffer harm that was avoidable. In this guide, we look at the eligibility criteria to make a claim for paramedic negligence compensation.

There are also some example scenarios that show some ways in which a paramedic could be said to have breached their duty of care to you. Additionally, you’ll find information on gathering evidence to support a paramedic negligence claim, as well as how compensation is calculated in these instances.

Paramedic-Negligence-Claims

Expert Advice On Paramedic Negligence Claims

Get in touch with our advisors if you have questions at any point. They can give you answers, as well as provide information on the benefits of claiming with the assistance of one of our No Win No Fee solicitors.

Read on for more information. We’ve also provided the methods you can use to get in touch:

Select A Section

  1. Can You Make A Paramedic Negligence Claim?
  2. Types Of Paramedic Negligence Claims
  3. How To Show A Paramedic Acted Negligently
  4. Valuing Claims For Paramedic Negligence
  5. Start Your Ambulance Or Paramedic Negligence Claim
  6. Learn More About Claims For Paramedic Negligence

Can You Make A Paramedic Negligence Claim?

For a paramedic negligence claim to be valid, there are certain criteria that must be met. We’ve included them below:

  • Duty of care – You must be able to establish that you were owed a duty of care when you were harmed.
  • Breach of duty – This is when the service of a paramedic does not meet the standard required of them. This is known as a breach of their duty of care.
  • Harmed caused – The breach of a paramedic’s duty of care needs to have caused you harm. The end result can be a new injury or illness, or the exacerbation of one you already had.

However, there is also a time limit to take into account with medical negligence claims. We explore this in the section below.

How Long Do You Have To Claim For Negligence By A Paramedic?

Generally, you have 3 years to begin a clinical negligence claim. This means that you must start the process of claiming within this timeframe. The limitation period can be found in the Limitation Act 1980 and begins from the date the harm was caused. Alternatively, it could begin from the date you became aware of the negligence. This is known as the date of knowledge.

The Limitation Act includes exceptions to this time limit:

  • Those who lack the capacity to claim – The time limit is suspended, and a litigation friend must be appointed if a claim is to be made on their behalf. The 3-year time would begin if the claimant gained the ability to claim for themselves.
  • Injured children – Anyone under 18 years old. Their time limit is suspended until the day of their 18th birthday. Prior to this, they are not permitted to make their own claim. So, a litigation friend must also be appointed in these instances. From the claimant’s 18th birthday, they have 3 years to begin their own claim if a litigation friend has not started it for them.

Get in touch today if you have any questions about time limits surrounding your potential claim, or how to make a medical negligence claim generally.

Types Of Paramedic Negligence Claims

To add some context, we’ve provided some examples below of how a paramedic could breach their duty of care. The list below is not exhaustive. There are other instances where a paramedic could not uphold this duty.

  • Delayed treatment – Failing to notice the urgency of your condition for medical treatment and not acting within a reasonable amount of time could result in you suffering additional harm. For example, a patient may be bleeding internally. If not treated quickly, this could become fatal.
  • Mishandling a patient – For example, they could drop a patient in their care. If you have a neck injury from a road traffic accident, for example, then being dropped by a paramedic after this could cause you great pain and worsen the injury.
  • Not performing resuscitation procedures correctly – Procedures such as CPR can be used to save a patient’s life. If they are not performed with an adequate level of competence, then the patient could die in a potentially avoidable way.
  • Giving the wrong treatment or wrong medication – Administering a patient with insulin when mistaking it for another type of medication.

To find out if you have a valid paramedic negligence claim call our team today. Not only can they answer any questions you have about the claiming process they will assess your claim for free.

How To Show A Paramedic Acted Negligently

A paramedic negligence claim needs to be supported by evidence. Gathering evidence is an important part of the claims process. We’ve provided a few examples in the list below. It’s important to bear in mind that there are other examples too, and this list is not exhaustive.

  • Witness contact details – If anyone was present when you received treatment from the paramedic.
  • Photographs – Take pictures of any visible injuries.
  • Your medical records – These should detail the treatment and medication you received.

The Bolam Test can also be relevant. Relevantly trained professionals will give their opinion on whether the medical service you received was of the correct standard.

Our No Win No Fee solicitors can assist in the gathering of evidence when working with you on your paramedic negligence claim. Get in touch with our advisors today to begin the process.

Valuing Claims For Paramedic Negligence

Compensation in paramedic negligence cases is always calculated on an individual basis. Your own specific circumstances are accounted for when a suitable figure is being worked out. The head of claim for your pain and suffering is called general damages. When legal professionals are arriving at an appropriate figure for general damages, they use certain resources to assist them.

One of these resources is a publication called the Judicial College Guidelines (JCG). It was last updated in 2022, and it consists of guideline compensation brackets that relate to harm.

The guidance values are based on successful past court cases. However, the value of your own claim will differ depending on factors such as the nature of the harm you experience, as well as its severity. Therefore, use the table below as a rough guide only.

Guideline Compensation Table

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Injury Severity Description Amount
Injuries Involving Paralysis Tetraplegia (also known as Quadriplegia) Among other impacts the following will be taken into consideration: age, the extent of any residual movement, the degree of independence or pain. £324,600 to £403,990
Brain and Head Injury Very Severe There will be little, if any, evidence of meaningful response to environment. £282,010 to £403,990
Injuries to Internal Organs – Chest The Worst Type of Case Total removal of one lung and/or serious heart damage. £100,670 to £150,110
Digestive system Illness/Damage Resulting from Non-traumatic Injury (i) Severe toxicosis that leads to hospital admission causing a fever, vomiting and diarrhoea leaving an impact on ability to work and enjoyment of life. £38,430 to £52,500
Injuries to the Elbow Severe An injury to elbow that is severely disabling. £39,170 to £54,830
Arm Less Severe Injury Substantial degree of recovery will have been made from significant injuries. £19,200 to £39,170
Arm Simple Fractures to the arm(s) that are simple in nature. £6,610 to £19,200
Shoulder Fracture Fractured clavicle £5,150 to £12,240

Special Damages 

It’s possible that you could also be compensated for a head of claim called special damages. This is an amount that is calculated to restore you to the same financial position you would have been in if not for the harm you’ve experienced as the result of a paramedic being negligent.

We’ve included some examples below of some of the costs and losses for which you could be reimbursed:

  • Prescription costs.
  • Loss of earnings.
  • Travel costs.
  • Care at home.
  • Adaptations to your property.

Get in touch today to find out how much your potential paramedic negligence claim could be worth.

Start Your Ambulance Or Paramedic Negligence Claim

Claiming with one of our No Win No Fee solicitors could make the process easier. The form of No Win No Fee deal they work with you under is known as a Conditional Fee Agreement (CFA). This enables you to access their services without the need to pay any upfront fees.

They take a legally capped percentage from your compensation following a successful paramedic negligence claim. This is known as a success fee, and your solicitor does not take it if your claim fails when working under a CFA.

Get In Touch With An Expert

Speak to our advisors today. They will have a few questions to ask you. Once you answer them, we will be able to provide you with advice specific to your claim and your circumstances. If your claim is valid, we could then connect you with one of our No Win No Fee solicitors – if that is what you wish.

Learn More About Claims For Paramedic Negligence

Thank you for reading our article on whether you can make a paramedic negligence claim. Follow the links below to extra resources that you may find of use.

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