An unnecessary suffering claim seeks compensation for the pain and discomfort caused by medical negligence. You make the medical negligence claim for the effects of the unnecessary suffering today and in the future.
Every medical procedure will have some level of pain and discomfort. When the medical professional causes pain above what would normally be expected you may have an unnecessary suffering compensation claim.
Medical negligence is when you receive medical treatment below a standard any other medical professional would provide under similar circumstances. A medical professional owes you a duty of care, and if they breach that duty of care, you may have a medical negligence claim.
A medical negligence claim seeks compensation for the effects of the unnecessary suffering on your life. You claim compensation for the impact of the medical negligence today and in the future.
A No Win No Fee medical negligence solicitor can look at your case and see if you have a valid unnecessary suffering compensation claim.
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What is an unnecessary suffering claim?
An unnecessary suffering claim is the legal process you follow to claim compensation for the effects of the medical negligence in your treatment. If medical negligence causes you to suffer more than is necessary, you could have an unnecessary suffering claim.
Unnecessary suffering may be pain due to a missed broken arm by the orthopaedic or A&E consultant. It could be when the oncologist makes a misdiagnosis of cancer, increasing your suffering when fighting the disease. The unnecessary suffering results from medical negligence, and you may claim compensation.
Medical negligence compensation paid by NHS Resolution is increasing yearly, up 9.5% in 2023 alone. The amount of compensation paid is now over £2.7 billion per annum, and the figure is expected to rise with staff shortages, overcrowding and low standards of medical care.
You may have a medical negligence claim for the effects of the unnecessary suffering you experience in cancer care, obstetric care, orthopaedic care and anywhere in the NHS.
A No Win No Fee medical negligence solicitor can look at your unnecessary suffering claim and see if you have a valid medical negligence compensation claim.
Common unnecessary suffering compensation claims
Common unnecessary suffering compensation claims range from the pain caused by a missed broken bone on an X-ray to the suffering due to a late cancer diagnosis to the discomfort of a missed diagnosis of diabetes.
Unnecessary suffering may affect your life and even your ability to work and exercise. You can claim for the effects of unnecessary suffering today and in the future.
Claims for unnecessary medical suffering may be:
Compensation for unnecessary suffering claim
You can seek compensation for an unnecessary suffering claim in amounts from the low £10,000s to over £10 million in some cases.
The compensation for unnecessary suffering varies depending on several factors, such as how much discomfort and disruption you experience in your life today and in the future.
Claims sometimes see very high awards, such as when a patient suffers a lifetime of unnecessary pain and disability due to a misdiagnosis of diabetes. The patient who receives the incorrect dose of a medication may undergo unnecessary suffering, as can the patient who has invasive surgery when keyhole may be an alternative.
Compensation for unnecessary suffering can see claims of:
All amounts are approximate and are only a guide to what is possible in an unnecessary suffering 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 medical negligence by the paramedic, hospital doctor, GP, oncologist, or pharmacist.
A No Win No Fee medical negligence solicitor will advise you on an unnecessary suffering claim. They will know from experience what your case may be worth and how to make a successful claim for compensation.
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.
What can you claim for when you sue for unnecessary suffering?
You can claim compensation for any damages that occurred when you sue for unnecessary suffering.
There are two types of compensation damages due when suing for any type of medical negligence, such as unnecessary suffering:
You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs.
When you or a loved one experiences unnecessary suffering due to medical negligence, such as that caused by a failure to inform of alternatives to surgery or medication errors, you can claim medical negligence compensation.
Who is eligible for compensation for unnecessary suffering?
The patient who suffers from unnecessary suffering may be eligible for compensation. The medical negligence has made you ill, and you claim compensation for the effects on your life.
You are the one who has suffered pain, illness, constant nausea, and other symptoms of unnecessary suffering due to a cancer misdiagnosis or pharmacy error. The clear medical negligence could lead to complications for life and years of unnecessary suffering.
Unnecessary suffering may lead to psychological trauma, your condition worsening, and delays in beginning treatment.
Medical negligence often has very severe consequences, and if a patient passes away due to medical negligence or cannot represent themselves, their dependents may have a claim for compensation.
Loved ones in a medical negligence case are known as ‘dependents’ and can be:
When you have a claim for unnecessary suffering, your No Win No Fee medical negligence solicitor can help make the case for compensation.
Who can be responsible for an unnecessary suffering claim in the NHS?
The NHS medical professional who made the errors in the treatment, diagnosis or testing for your condition can be responsible for your claim of unnecessary suffering.
Trained medical professionals have a duty of care to you when you are ill; a breach of that duty of care may be medical negligence.
Unnecessary suffering can happen when the ambulance arrives late during an emergency, such as a stroke or heart attack, delaying the beginning of your vital treatment. You could also have unnecessary suffering due to hospital negligence when administrative delays cause problems with a diagnosis or treatment of a condition.
If you have unnecessary suffering due to medical negligence, you may make a claim against the NHS Trust that employed the medical professional responsible.
Those responsible for unnecessary suffering 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 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 doctor, surgeon, GP, or paramedic made avoidable errors, which is clear medical negligence.
By behaving less-than-professionally, the medical professional causes unnecessary suffering, and the financial and emotional effects could be with you for life.
You can claim compensation for the unnecessary suffering and get help in getting your life and that of any dependents back on track.
Will I have to go to court with a medical negligence claim?
No, you are very unlikely to have to go to court with a medical negligence claim for unnecessary suffering.
The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side.
Unnecessary suffering due to medical negligence can cause you and your family a lot of distress. Your solicitor will want to keep the unnecessary suffering claim out of court and get it settled in your favour as quickly as possible.
If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.
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 for unnecessary suffering 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 claim.
If someone has passed away, it is the date of death if the limitation period has not expired by that time.
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.
Can I make a claim for unnecessary suffering against the NHS?
Yes, you can make a claim for unnecessary suffering against the NHS. Suing the NHS for negligence is not unusual, and patients may claim compensation from the NHS for unnecessary suffering and receive the money they deserve for the lack of duty of care.
Most people in the UK receive their medical treatment in an NHS hospital. The standard of medical care and service in an NHS hospital is usually excellent, but mistakes happen, and you could have an unnecessary suffering claim when one happens to you.
As a result, many medical negligence claims come from what happens in an NHS hospital, and if you experience unnecessary suffering during your stay, you could claim compensation.
The NHS has a dedicated team to handle medical negligence compensation claims called NHS Resolution. NHS Resolution is responsible for treating patients who seek compensation fairly, and they process unnecessary suffering claims every day.
Your No Win No Fee medical negligence team solicitor can handle your claim for unnecessary suffering compensation with NHS Resolution and achieve a successful outcome.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your claim for compensation for unnecessary suffering. You are the one who suffered the unnecessary pain due to surgical errors or suffered the extra discomfort due to cancer 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 unnecessary suffering claims.
Our 100% Compensation Guarantee puts all the money you win into your pocket. If you experience unnecessary suffering at the hands of a medical professional, you may have a compensation claim.
Contact us at the Medical Negligence Team, and let us handle your claim for unnecessary suffering compensation.
