Delayed Care Negligence Compensation Claims

If your life, or the life of a loved one, has been affected by delayed care negligence we can help.

The purpose of this guide is to help anyone who has suffered delayed care negligence and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming delayed care negligence compensation:

Introduction

Time is a valuable asset in identifying and treating illnesses. When care is offered at the earliest opportunity, patients typically stand a much better chance of making a full recovery than when care is delayed.

A doctor or other health care provider's failure to deliver timely care can result in a potential claim for medical negligence. Whether a claim will be successful, however, will depend on the facts of the case.

If you did not receive the care you needed promptly, and you were harmed as a result of the delay, you may be eligible to claim compensation.

Examples of delayed care negligence

Delayed care negligence can potentially apply in a wide range of circumstances, including:

  • A delay in correctly diagnosing an illness or injury
  • A delay in administering medication
  • A delay in carrying out surgery
  • A delay in providing or recommending physiotherapy, occupational therapy or other rehabilitative care
  • A delay in providing personal care, such that the patient develops an infection in hospital or pressure sores
  • A delay in providing suitable care following discharge from hospital.

Who is responsible for the delayed care?

The broad definition of delayed care negligence means that a number of parties could be legally responsible.

For example, if the delay in care is caused by a delay in diagnosis, then a claim might be made against the negligent GP who failed to refer the patient for tests, or it might be based on the negligence of the NHS specialist who failed to identify the patient's condition.

Where nursing home staff have delayed in administering medication, the claim will be brought against the owner of the nursing home or the relevant NHS Trust.

What are the consequences of delayed care?

If treatment is delayed for any reason, the patient may experience pain, complications and health issues that become more serious than first anticipated.

Some of the specific consequences of delayed care include:

  • The illness or condition spreading to another part of the body
  • A significant deterioration in general health
  • Having to undergo a more invasive procedure than might otherwise have been the case if treatment had been delivered on time
  • Developing a more serious illness, injury or condition
  • The illness becoming untreatable or terminal

Making a claim for delayed care negligence

To make a successful claim, the claimant's solicitor must prove:

  • That the doctor or healthcare provider owed a duty to take care of the claimant
  • The health care staff breached that duty when they delayed in providing care; and
  • The claimant suffered further or worsened injury or illness as a result of the delay

Where it can be established that the care fell below expected standards, and the patient suffered harm as a result, a claim may be made in clinical and medical negligence. Compensation typically will cover an amount for claimant's pain and suffering, as well as medical costs, loss of income and the costs of rehabilitative or palliative care.

How does no win, no fee work?

No win, no fee means that your solicitor will not charge you any legal fees if your delayed care negligence claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making a delayed care negligence claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my delayed care negligence claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my delayed care negligence claim?

If your delayed care negligence claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Delayed care negligence FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor