Spire Healthcare Medical Negligence Claims Guide

Medical negligence

Medical negligence

On this web page, you will find a guide if you are considering making a Spire Healthcare medical negligence claim. Within it, we will provide examples of what forms medical negligence could take, and what makes a person eligible to claim for a medical mistake and why a health care provider may be liable for any harm caused.

If you have any questions about this guide, or simply need some advice about your own claim, then please speak to one of our claim advisors on 0800 073 8801 today. They will be able to answer any questions that you have, and offer you some advice about your own claim.

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What Is Clinical Or Medical Negligence?

Medical negligence could be defined as actions or inactions of a medical provider that are considered sub standard, below what is expected that have caused an injury or illness or the worsening of a condition. If there has been no harmed caused even though the action may be considered as medical negligence a claim would not be valid. The following three statements will need to be true:

  1. The medical professional must have had a duty of care towards you.
  2. The medical professional failed int heir duty of care, and this failure led to you being harmed in some way.
  3. Another medical professional of the same ability would have not acted in the same way.

Medical negligence cases are complex there is no denying that bringing together both medicine and law can make any case complicated to even the trained eye that is why we always recommend using a expert medical negligence solicitor for such cases.

Will Making A Claim Affect My Care Or Treatment?

One of the most commonly asked questions by claimants in medical negligence cases, is will making a claim affect their future treatment? It all depends whether you want to continue with your treatment using the same private medical provider or you want to have treatment via a different provider

Examples Of Medical Negligence

Medical negligence  such a broad term which covers mistakes and errors that happen within medicine as well as different kinds of health care providers. Below are some examples of different types of medical negligence and different health care providers who could potentially be involved in negligence;

  • GP negligence.
  • Cancer negligence.
  • Dental negligence.
  • Delayed or misdiagnosis.
  • Surgical errors and negligence.
  • Fatalities caused by negligence.

We are going to cover all of these examples of negligence in the following sections below.

What Is General Practice (GP) Negligence?

Your GP is the doctor whom you trust, to act as your gateway to the health care system. When they make a mistake, the consequences can be catastrophic, even life threatening. In order to claim for medical negligence against GP, you are going to need to be able to prove that your GP acted in a negligent way which caused you an illness or injury or the worsening of a condition. This could have been misdiagnosing your condition, prescribing the wrong medication, or failing to refer you to the correct specialist.

What Is Negligent Cancer Treatment?

When it comes the making a medical negligence claim, negligence towards a cancer patient can be one of the most serious. Late diagnosis, or providing the wrong treatment, can have life-threatening consequences for a cancer victim. Even a short delay in getting the correct treatment can mean the difference between making a full recovery, and fatal outcome. If you have lost a loved one due to cancer negligence, call Accident Claims UK and they could advise what your next steps could be.

How Does Negligence During Surgery Happen?

For many surgery holds its owns risks, what can be more distressing is if you a injured due to a negligent surgical procedure. Harm could potentially happen in different ways, such as:

  • Surgical equipment being retained inside the body.
  • Performing the wrong surgical procedure.
  • Amputation of the wrong limb.
  • Mistake during the process of administering anaesthetic.

If you have suffered a surgical error the effects and consequences could be devastating, through our free legal consultation with no obligation we can help determine if your case would qualify for a medical negligence payout.

Clinical Or Medical Misdiagnosis

Misdiagnosing a medical condition in some cases could have very serious implications. In some cases, such as a cancer patient being wrongly diagnosed, the consequences of a misdiagnosis or a late diagnosis can be dire, even life threatening. If you can clearly show that your medical condition was wrongly diagnosed, leading to a delay in receiving the proper treatment and your condition was allowed to worsen, then you could be eligible to make a medical misdiagnosis claim.

What Is Negligent Treatment By A Dentist

Negligent dentist treatment could happen when you are provided with a service that is below what is expected. Dentist have a duty of care to provide safe treatment and an obligation not to cause further harm. Potential dentist negligence could include;

  • Dental surgery that causes an injury to a patient.
  • A dentist removing the wrong tooth.
  • Being administered the wrong medication.
  • Having gum disease misdiagnosed.

Accident Claims UK could help to build a case for compensation if you have suffered harm due to dental neglect.

Cases Of Clinical Or Medical Negligence Leading To Death

If you have lost a love one because you feel that the care they received was not what is expected then you may have the right to claim for compensation. Our provided specialist solicitors have the knowledge and expertise to be able to assess if a case of fatal medical negligence qualifies for compensation.

How Long Do I Have To Make A Clinical Negligence Claim?

You will need to begin your claim within the personal injury claims time limit, in order to be eligible to make a claim. The table below, shows the general time limits.

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Injury Type Information Compensation Brackets
Moderately Severe Psychiatric Injury The amount that is awarded will largely depend on the effect the illness has on the daily life of the person in regards to education, ability to work, relationships, family and friends. How successful treatment may be, future vulnerability and prognosis also how much of medical help has been sought. £16,720 to £48,080
Less Severe Psychiatric Injury The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected £1,350 to £5,130
Total Loss Of One Eye The level of the award within the bracket will depend on age, psychiatric consequences and cosmetic effect. £48,080 to £57,590
Total Loss Of Hearing In One Ear For the higher amount in the bracket the loss of hearing in one ear may also be affected with tinnitus, dizziness and headaches. £27,450 to £39,940
Loss Of Taste £21,910 to £28,860
Loss Of Smell £16,830 to £21,910
Chest Injuries Traumatic injury to chest, lung(s) and/or heart causing permanent damage, impairment of function, physical disability and reduction of life expectancy. £57,260 to £88,270
Chest Injuries Injuries leading to collapsed lungs from which a full and uncomplicated recovery is made £1,920 to £4,660
Chest Injuries Disability that continues over a few weeks due to soft tissue damage. Up to £3,460
Impotence A young man who has lost his sexual function and has become sterile. In the region of £130,060
Digestive System Serious damage to internal organs that is causing severe pain. £37,710 to £54,280
Digestive System Permanent pain and complications to the digestive system causing severe indigestion or aggravated physical strain. £14,720 to £24.340
Loss Of One Kidney Loss of one kidney but no damage to the remaining kidney. £26,980 to £39,360
Injury to Bowels Severe abdominal injury causing impairment of function and often necessitating temporary colostomy (leaving disfiguring scars) and/or restriction on employment and on diet. £39,090 to £61,140
Hernia Inguinal hernia which may reoccur after being rectified. £6,140 to £7,990

Steps To Take To Start A Medical Negligence Claim

Before you engage a personal injury lawyer to make your negligence claim, there are a number of steps you could take yourself, to prepare for making the claim, and these include:

  • Gather evidence, such as making sure you keep medicines bottles or boxes, and any supporting documentation.
  • Make a complaint to the healthcare provider.
  • If anyone can substantiate your claim, get their contact details.
  • Document any financial or other losses you have suffered.

Medical Negligence Claims Calculator

To start answering the question, how much compensation do you get for medical negligence? you can use the table below, to look up your injury or illness and its severity, to see the range of compensation you could potentially receive.

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Injury Type Information Compensation Brackets
Moderately Severe Psychiatric Injury The amount that is awarded will largely depend on the effect the illness has on the daily life of the person in regards to education, ability to work, relationships, family and friends. How successful treatment may be, future vulnerability and prognosis also how much of medical help has been sought. £16,720 to £48,080
Less Severe Psychiatric Injury The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected £1,350 to £5,130
Total Loss Of One Eye The level of the award within the bracket will depend on age, psychiatric consequences and cosmetic effect. £48,080 to £57,590
Total Loss Of Hearing In One Ear For the higher amount in the bracket the loss of hearing in one ear may also be affected with tinnitus, dizziness and headaches. £27,450 to £39,940
Loss Of Taste £21,910 to £28,860
Loss Of Smell £16,830 to £21,910
Chest Injuries Traumatic injury to chest, lung(s) and/or heart causing permanent damage, impairment of function, physical disability and reduction of life expectancy. £57,260 to £88,270
Chest Injuries Injuries leading to collapsed lungs from which a full and uncomplicated recovery is made £1,920 to £4,660
Chest Injuries Disability that continues over a few weeks due to soft tissue damage. Up to £3,460
Impotence A young man who has lost his sexual function and has become sterile. In the region of £130,060
Digestive System Serious damage to internal organs that is causing severe pain. £37,710 to £54,280
Digestive System Permanent pain and complications to the digestive system causing severe indigestion or aggravated physical strain. £14,720 to £24.340
Loss Of One Kidney Loss of one kidney but no damage to the remaining kidney. £26,980 to £39,360
Injury to Bowels Severe abdominal injury causing impairment of function and often necessitating temporary colostomy (leaving disfiguring scars) and/or restriction on employment and on diet. £39,090 to £61,140
Hernia Inguinal hernia which may reoccur after being rectified. £6,140 to £7,990

You could try and find an online personal injury claims calculator to get a rough estimate of how much you could be able to claim. A much better idea, is to speak to one of our claims experts, for a much more accurate estimate.

What Could I Include In My Clinical Negligence Claim?

If you make a personal injury claim against Spire Healthcare, the settlement that you receive if your claim is successful, could consist of many different types of damages, such as:

  • General damages (for harm, pain and suffering):
    • Initial pain of the injury and its treatment.
    • Initial trauma and shock of the injury.
    • Psychological conditions such as P.T.S.D. anxiety and depression.
    • A long and painful recovery.
    • Some form of permanent disability.
  • Special damages (for financial and other losses):
    • Cost of travel.
    • Private medical fees.
    • Hiring a home help or nurse.
    • Loss of income from missing work.
    • Lowered future income due to reduced working potential.

Speak to one of our claim advisors to find out what kind of damages might apply to your own claim.

No Win No Fee Claims Against Spire Healthcare

When you use our national No Win No Fee claims service for us to process your personal injury claim, we don’t charge a fee to take your claim on, and we don’t charge a fee to process your claim. If your claim is unsuccessful, we still don’t charge you anything. The only time we charge a fee, is when we receive a compensation payment for you. When we do, we will take our payment directly from the money we received on your behalf, and then give you the rest.

How Our Medical And Clinical Negligence Claim Experts Can Help You

When we act as your solicitor for medical negligence claims, we try to get you the most compensation that we can for your particular circumstances, and do everything possible to achieve a successful outcome. We use plain and simple English without any legal jargon, so that you always understand fully what we are doing on your behalf.

How To Contact Us

Are you ready to make a claim for clinical negligence? or do you simply need some free medical negligence advice? Either way, please give our claims team a call on 0800 073 8801. They will be ready and waiting to help you to get your claim started.

Medical Negligence Claims Resources

You may find that this external link give you some useful information:

CAB advice form negligence victims

You may find these additional guides to be useful:

Claiming for a misdiagnosis

How to make a claim for NHS negligence

Edited by Mel.