The types of doctor failure that result in medical negligence claims range from failure to refer for further tests to failure to treat a patient when ill. A doctor’s failure to provide an acceptable standard of treatment may be a breach of their duty of care, and you may have a claim for compensation. 

When you go to see a medical professional when ill or injured, they owe you a duty of care. If they breach that duty of care by failing to refer you for further tests or to see a consultant, then you may have a claim for compensation. 

You bring a compensation claim against those responsible for the failure to provide a duty of care. If a loved one cannot represent themselves, you or their family may be able to claim on their behalf. 

A No Win No Fee medical negligence solicitor can make your failure to refer claim for compensation when you suffer negligence by medical professionals

doctor failure

Table of Content

What is doctor failure?

A doctor failure is when your doctor does not give you a service that any other medical professional would give in similar circumstances. Doctor failure is medical negligence that causes you injury and makes your condition worse than it could be. 

Doctor failure is when the doctor fails to give the correct treatment, diagnose a condition, or refer you for tests. You trust a doctor to give you a professional service, and when they fail to do so, it could be a breach of their duty of care. 

The examining doctor should consider all the possible symptoms of your condition and the correct treatment path. Some symptoms can be mistaken for another condition, but the doctor should refer you for tests and to see a consultant where necessary. 

The outcomes of doctor failure may be delays in treatment, receiving incorrect treatment and death in some cases. 

You could have a claim for medical negligence compensation if you suffer one or more of the types of doctor failure.

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Types of doctor failure

The types of doctor failure range from failure to diagnose to failure to refer for testing and failure to treat a condition, with many more types in between. When you experience a type of doctor failure your health could be damaged, and you may suffer the effects for life. 

Doctor failure claims come from negligence by a medical professional. The breach of their duty of care could be medical negligence, and you may have a compensation claim if you experience any type of doctor failure that affects your health. 

The types of doctor failure people see every day are: 

Types of doctor failure

Failure to diagnose a condition

Failure to diagnose a condition should not happen, but it does when the doctor does not give a professional service to the patient. 

The doctor should consider all symptoms and make a qualified diagnosis of an illness. To ignore symptoms or not examine the patient correctly can lead to errors and a failure to diagnose a condition.

Failure to treat a condition

Failure to treat a condition is when the doctor does not put a patient on the correct course of medication or inform them of how to make dietary or lifestyle changes to address their ill health. 

To not put a patient on the correct course of chemotherapy, radiology or medication is a failure to treat a cancer, which could make the patient very ill. 

The doctor should diagnose and treat a patient according to training and experience, and if they do not treat your condition, you may have a claim for compensation.

Failure to refer for further tests

Failure to refer for further tests can make a full and correct diagnosis difficult and delay starting treatment for a condition. 

The failure to refer for tests could be not ordering blood samples, not referring a patient for an MRI, or even not sending you for an X-ray for a sore wrist which may mean a delay in diagnosis of a scaphoid fracture. 

Doing tests is the best way to get an accurate diagnosis. The failure to refer for tests is medical negligence, which can cause delays in the diagnosis and treatment of your medical problem.

Failure to refer to a consultant

Failure to refer to a consultant makes getting the correct diagnosis difficult, delays the correct treatment and denies the patient access to a higher level of medical care. 

The consultant can use further tests and their experience to give you an accurate diagnosis and prescribe a more precise course of treatment. 

The failure to refer you to a consultant is medical negligence by a doctor, and you could have a claim for compensation.

Failure to follow up on test results

Failure to follow up on test results can be as bad for a patient as not referring you for tests in the first place. The doctor should schedule your appointment and follow up on your test results as soon as possible. 

You go for further testing to help with diagnosis and to map out a path for your recovery. Only with having a clear idea of what is making you ill can the doctor prescribe medication and other treatments. 

To not follow up on test results is medical negligence, and you may have a claim for compensation.

Failure to prescribe medication

A failure to prescribe medication should not happen, and not when the doctor makes a clear diagnosis and can see what will help you fight your illness. 

Your doctor should prescribe medication suitable for you and as part of your eventual recovery. Medication such as painkillers and antibiotics can speed your recovery and prevent a minor infection from getting worse. 

The failure to prescribe medication can delay correct treatment, and you may have a medical negligence compensation claim.

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Failure to inform a patient

Failure to inform a patient can lead to you making the wrong decisions in your treatment and increase the stress around your illness. 

The doctor should inform you about the course of your treatment, the possible alternatives and how your illness could progress if not treated properly. 

The failure to inform leaves the patient in the dark, and you could have a claim for compensation if your illness gets worse as a result.

Failure to follow NICE guidelines

A failure to follow NICE guidelines could mean your doctor is not following best practices and could even put your life in danger from less than professional medical treatment. 

NICE guidelines are the NHS’ way to ensure patients are correctly cared for, and the best medical treatment is given to every patient. 

To not follow NICE guidelines is medical negligence, and you may have a claim for compensation if it happens to you. 

Every type of doctor failure puts a patient’s health at risk. If you suffer due to doctor failure negligence, you could have a claim for compensation.

Compensation for doctor failure negligence

You can seek compensation for doctor failure negligence claims in amounts from the low £10,000s to over £10 million in some cases.

The compensation varies depending on several factors, and doctor failure negligence claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of unnecessary suffering and chronic pain.  

Compensation amounts in doctor failure claims can be:

  • Failure to make a full physical examination of the patient – £21,900
  • Failure to refer the patient for further tests, like an ultrasound scan – £28,500
  • Failure to follow up on the results of tests – £33,900
  • Failure to refer a patient to a cancer specialist- £67,300
  • Continued doctor failure, leading to treatment delays – £75,800

All amounts are approximate and are only a guide to what is possible in doctor failure claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You may be able to claim for these care expenses and the medical costs in the future.

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As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to any doctor failure complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a doctor failure claim. They will know from experience what your case may be worth and how to make a successful claim for compensation.

Who is eligible for medical neglience compensation?

The patient who suffers from complications due to doctor failure may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to the condition going untreated for a time. 

The delays in their treatment could lead to years of unnecessary suffering and the patient’s early death in some cases. 

If a patient passes away due to a type of doctor failure, the ones left behind may have a claim for medical negligence. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of medical negligence or have lost a loved one through doctor failure negligence, you may have a claim for compensation.

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What can you claim for when you sue for doctor failure negligence?

You can claim compensation for any damages that occurred when you sue for doctor failure negligence. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence. 

  • Pain is that above what is normally expected for your procedure. 
  • Suffering is the inconvenience and changes to your life that cause you discomfort.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of medical negligence. 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals.

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of a doctor’s failure, you can make a claim for medical negligence compensation.

medical negligence compensation types

Potential effects of doctor failure negligence

Potential effects of doctor failure negligence range from delays to starting treatment to an illness getting worse and death in some cases. 

You trust your GP, consultant, and hospital doctor to give you the best care possible and to send you for tests or further treatment where necessary. 

A doctor’s failure can affect your health and the lives of your dependents. Doctors have a duty of care to all patients; breaching that duty of care could have severe effects on a patient. 

Potential effects of doctor failure negligence could be:

  • Delaying the early treatment of cancer
  • Damage to bones from not referring you for an X-ray
  • Missing the chance to treat a heart attack
  • A patient dying from an undiagnosed disease
  • Diabetes developing in a patient
  • Eyesight and hearing issues
  • Patient undergoing unnecessary surgery

The potential effects of doctor failure negligence are many, and you may have a claim for compensation against those responsible.

Who can be held responsible for doctor failure negligence?

A medical professional is responsible for doctor failure negligence. When dependents bring a claim for any medical negligence, they claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for doctor failure negligence could be:

  • The doctor who failed to diagnose cancer
  • The hospital doctor who failed to refer you for further tests
  • The hospital consultant who failed to refer the patient for surgery
  • The GP who failed to follow up on blood test results
  • The hospital responsible for doctor protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing patient care
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer more than necessary if they are negligent with that duty of care and do not provide you with a professional service.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your care, the treatment team made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the doctor risked the health of a loved one, and the financial and emotional effects could be with you for life.

You can claim compensation for any type of doctor failure negligence and get help getting your life and that of the other dependents back on track.

Steps in making a claim for medical negligence

The steps involved in making a medical negligence claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries your loved one suffered during, before or after surgery, as soon as you realise they experienced medical negligence.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you suffered due to doctor failure. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

Your loved one suffered medical negligence, and you should get all the money due for the suffering to your life caused by the doctor failure negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid medical negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion. 

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms. 

If they admit liability, your doctor failure claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your doctor failure negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages suffered by you or your loved ones. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.

Make a medical negligence claim on behalf of a loved one

Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Doctor failure is a perfect example of claiming on behalf of a loved one. The medical negligence could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for medical negligence, you are fighting for the compensation they deserve.

A parent can make a medical negligence claim on behalf of a child while they are still under 18. In some cases, the diagnosis of medical negligence is not made until a child is in their late teens. The child’s parents can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21. 

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the doctor failure.

Fatal medical negligence

Fatal medical negligence is when a patient dies due to a lack of duty of care by the GP, the consultant or the NHS hospital involved. It is medical care below a standard that no other doctor acting professionally would provide that results in the death of a patient. 

Fatal medical negligence comes in many forms, and the family left behind may find it very upsetting to learn that a loved one has died due to negligence by a doctor. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. In a fatal medical negligence case, the NHS hospital or private care clinic has not provided your father, mother, son, daughter, husband, or wife with an acceptable level of medical care, causing their death. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid fatal medical negligence claim for compensation.

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the medical negligence claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical notes

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

No Win No Fee Medical Negligence Solicitor

Using a No Win No Fee solicitor is the only way to a successful medical negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who suffered due to the doctor failure negligence, and you deserve the compensation to get your life back to normal.

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Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the lack of duty of care. 

Doctor failure negligence is a very common occurrence in NHS hospitals and clinics. A doctor’s failure to refer a patient for further tests can result in severe infection developing, delays in treatment, the cancer spreading and death. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and a ‘Never Event’ such as a doctor’s failure to diagnose is medical negligence, and patients claim compensation for the suffering. 

The NHS has a dedicated team to handle medical negligence compensation claims, called NHS Resolution. NHS Resolution has a responsibility to treat patients who seek compensation fairly. 

Patients pay for the NHS through their taxes to receive the best medical treatment and may claim compensation when they do not get it. Patients make more than 10,000 successful medical negligence claims against the NHS each year, with amounts in compensation awarded ranging from £1000 to over £10 million. 

Your No Win No Fee medical negligence team solicitor can handle your compensation claim with NHS Resolution and achieve a successful outcome.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your doctor failure claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered medical negligence and deserve every penny of the compensation claim. 

Contact us at the Medical Negligence Team for all your medical negligence needs.

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