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.
If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove the negligence happened. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a medical negligence claim on a No Win No Fee basis.
In this article
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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
How does no win, no fee work?
No win, no fee means that your solicitor will not charge you any legal fees if your injury claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee - our guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making an injury 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 injury 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 injury claim?
If your injury 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How we can help you
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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.