Failure to act is the medical negligence by a medical professional of not acting on a patient’s symptoms when ill or in an emergency. The doctor, nurse, and paramedic has a duty to provide medical care to a patient, and a failure to act could be medical negligence.
Medical negligence is when a medical professional fails to provide the level of treatment any other medical professional would provide in similar circumstances. Every medical professional owes their patient a duty of care; if they breach that duty of care, it could be medical negligence.
A failure to act may be medical negligence when the GP fails to act on your symptoms of skin cancer. The hospital doctor may be responsible for a failure to act claim by not referring you for an X-ray when you are in the emergency department.
If you suffer medical negligence due to a medical professional’s failure to act, you may have a medical negligence compensation claim.
The Medical Negligence Team No Win No Fee solicitor can look at your case of failure to act by a medical professional and see if you have a valid compensation claim.
Table of Content
What is a failure to act medical negligence claim?
A failure to act medical negligence claim is when you seek compensation for the effects of the breach of duty of care by the doctor, nurse, pharmacist, or paramedic.
In a failure to act medical negligence claim, you claim damages for the effects of the medical negligence on your life today and in the future. You may suffer delays in your treatment or unnecessary pain due to a failure to act, and you can make a medical negligence compensation claim.
The cost of medical negligence claims in the UK continues to rise yearly. In the 2023 to 2024 period, the payouts reached £2.8 billion, up from £2.7 billion in the previous year. Claims against GPs went up £9 million to £149 million, and many claims for medical negligence are due to a failure to act.
Any medical negligence in your care, such as a failure to act, may cost you in terms of time off work, lost income, and medical care.
A No Win No Fee medical negligence solicitor can make your compensation claim for damages due to a failure to act.
Common medical negligence claims involving failing to act
Failure to act medical negligence claims range from a failure to act by the GP to a failure to act by a surgeon. Failure to act may affect a patient’s recovery or cause the condition to worsen over time.
A failure to act medical negligence claim can seek compensation for the effects of lack of professional care today and its impact on your life.
Some of the common types of failure to act medical negligence claims:
Failure to act by the GP medical negligence claims
Failure to act by the GP can be medical negligence when it leads to a missed diagnosis or a delay in the diagnosis of cancer or other medical conditions.
The failure to act by a GP may be:
You could have a claim for medical negligence compensation due to a failure to act by a GP.
Failure to act by a surgeon medical negligence claims
Failure to act by a surgeon could be medical negligence if they fail in their duty of care to a patient. The surgeon should perform surgery where necessary and inform the patient of what are the options.
A failure to act by a surgeon could be:
Any failure to act by a surgeon could lead to medical negligence in patient care.
Failure to act by a paramedic medical negligence claims
The failure to act by a paramedic could have severe consequences in an emergency such as a road traffic accident or workplace incident. Patients rely on the paramedic to act and use their experience when called to an emergency.
A failure to act by a paramedic may be:
You could have a medical negligence compensation claim for a failure to act by a paramedic when you need care.
Failure to act by a hospital consultant medical negligence claims
A failure to act by a hospital consultant can have the effect of delays in treatment or your condition worsening due to a lack of action by the medical staff. The hospital consultant has a duty of care to use their experience and training when treating you.
Types of failure to act by a hospital consultant could be:
If a hospital consultant fails in their duty of care, you could have a medical negligence claim for compensation.
Failure to act by a pharmacist medical negligence claims
The failure to act by a pharmacist can cause errors in medications and could have many knock-on effects for a patient. The pharmacist has an essential duty of care, and a breach of that duty of care may result in medical negligence.
Types of failure to act medical negligence by a pharmacist:
The pharmacist must provide a standard of care, and a low level of service may result in medical negligence if it harms the patient.
A failure to act by a medical professional may have many effects on a patient’s life today and in the future.
A No Win No Fee medical negligence solicitor can handle your failure to act medical negligence compensation 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.
How much can you claim in compensation for a failure to act claim?
You can claim more than £10,000 in compensation for a failure to act medical negligence and over £10 million in some failure to act claims.
The compensation you claim for the failure to act by a medical professional depends on the effects of the medical negligence on your life today and in the future.
Compensation awards vary depending on your age, income, disruption you experience, and future effects on your family.
Very high awards in medical negligence claims are for when a patient has a lifetime of living with a disability due to a failure to act, cannot return to work, or they may need full-time care and make adaptions to their car and home.
Compensation for a failure to act medical negligence can see claims of:
(All amounts are approximate and are only a guide to what is possible in a failure to act medical negligence claim. 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.)
As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to a failure to act by the hospital consultant, nurse, GP, and any medical professional.
A No Win No Fee medical negligence solicitor will advise you on the failure to act negligence claim. They will know from experience what your case may be worth and how to make a successful compensation claim.
Who in the NHS can be responsible for failing to act?
The NHS medical professional who breached their duty of care when treating you may be responsible for the failure to act medical negligence.
Trained medical professionals have a duty of care to you, and a failure to act when you are ill or injured may be clinical negligence.
A failure to act can be when the paramedic does not follow NICE protocols when you are suffering a stroke or heart attack, delaying the beginning of your vital treatment. The hospital doctor who does not act on your test results may be responsible for the medical negligence of a failure to act.
If you have pain, discomfort, or difficulties in moving about and in going to work due to medical negligence, you may make a claim against the NHS Trust that employed the medical professional responsible.
Those responsible for a failure to act claim of medical negligence could be:
Every medical professional owes you a duty of care when you are a hospital or GP clinic patient. You may suffer medical negligence when they breach that duty of care and do not act in an emergency or when your test results show you need medical attention.
Medical negligence is treatment below an acceptable standard by a medical professional. Instead of acting on your medical needs, the doctor, surgeon, GP, or paramedic made avoidable errors, which is clear medical negligence.
A failure to act is when the medical professional does not treat you when you need medical attention. By behaving less-than-professionally, the medical professional causes you injury and the financial and emotional effects could be with you for life.
You can claim compensation for the failure to act, and receive help in getting your life and that of any dependents back on track.
Is failure to act a crime
In some circumstances failure to act by a doctor can be considered a crime. A doctor can be deemed liable for a criminal act if their omission is deemed a breach of contract and goes against the best interests of the patent.
If you or a loved one has been negatively impacted by a doctor’s failure to abide by their duty of care, speak to a medical negligence solicitor today.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your failure to act claim for compensation. You are the one who suffered due to errors by the medical professional, and you can claim compensation for the clinical negligence.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for compensation.
We have a very high success rate and a reputation for a speedy and successful resolution to any failure to act medical negligence claims.
Our 100% Compensation Guarantee puts all the money you win into your pocket.
Contact us at the Medical Negligence Team today, and let us handle your failure to act medical negligence compensation claim.
