An unnecessary suffering claim is for the injury, pain, or anguish you suffer due to medical negligence. You may have an unnecessary suffering claim for a missed ankle sprain, a cancer misdiagnosis, prescription errors or avoidable delays in receiving treatment. 

Medical negligence is when you receive medical care below a level that any other medical professional would not provide. It is medical care below acceptable standards that does you harm. 

A medical professional has a duty of care to their patients. When they breach that duty of care and cause you unnecessary suffering, you may have an unnecessary suffering claim for compensation. 

The Medical Negligence Team solicitors can take your claim and seek compensation for the unnecessary suffering.

Unnecessary Suffering Claim

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What is a claim for unnecessary suffering?

A claim for unnecessary suffering is when you seek compensation for a medical professional’s breach of duty of care, which has caused you injury, pain, and anguish. 

The unnecessary suffering claim is for the medical negligence of providing medical care below professional standards. You claim compensation for the pain due to a missed broken bone on an X-ray, the stress and anxiety of waiting for delayed hospital appointments or the illness caused by being on the wrong medication. 

A claim for unnecessary suffering seeks compensation for the effects of medical negligence on your life today and in the future. You may suffer a loss of income, incur the costs of medical treatment, and develop an avoidable medical condition that damages your ability to care for yourself. 

You make a claim for unnecessary suffering against the GP, hospital consultant or NHS hospital responsible for the medical negligence. Your claim is for medical care below a standard that no other doctor, nurse or consultant acting professionally would provide. 

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

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Common unnecessary suffering claims

Common unnecessary suffering claims in the UK range from the pain caused by a delayed diagnosis to the stress of a misdiagnosis and mistakes made when reading test results. 

You claim for the unnecessary suffering caused by the medical negligence and for the effects of it on your life. Unnecessary suffering could cause problems for many years and affect your ability to work, drive or lead a life without professional care. 

Common unnecessary suffering claims are:

Common unnecessary suffering claims

A misdiagnosis of cancer caused unnecessary stress

A misdiagnosis of cancer can cause unnecessary stress and suffering when you are told you have cancer when you have a different, non-life-threatening disease. 

The shock of learning you have cancer can make you ill and cause a lot of unnecessary suffering. You may suffer stress, need time off work and it will affect your family too. 

You may claim compensation for the misdiagnosis of cancer.

Missed cancer diagnosis delays the beginning of treatment

Missed cancer diagnosis delays at the beginning of treatment may cause weeks or months of unnecessary suffering. 

As with all severe diseases, the sooner you start the correct treatment, the better it will be for a healthy prognosis. Any delays in cancer treatment can cause pain and the cancer to get worse. 

You can claim for the unnecessary suffering of your cancer getting worse when seeking compensation for the medical negligence.

Unnecessary delays at hospital caused suffering

Unnecessary delays at hospital caused suffering can happen when the accident and emergency department fails to refer you for tests ordered by a doctor, and you are left waiting on a trolley.

Administrative delays in booking appointments or failing to replace staff in the outpatient department can lead to delays in your diagnosis and unnecessary suffering for you. 

You could have a compensation claim for unnecessary suffering if you experience negligent delays at the hospital which cause you an injury.

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A failure to refer leads to unnecessary suffering

A failure to refer leads to unnecessary suffering when a GP or hospital doctor does not order suitable tests when you are a patient. 

Your GP may fail to refer you for blood tests to diagnose a condition causing unnecessary suffering. An accident and emergency doctor who does not order an X-ray for your suspected broken wrist could cause you unnecessary suffering until you get a correct diagnosis. 

A failure to refer can cause delays in treatment, and you may have a claim for unnecessary suffering.

Misdiagnosis of cancer caused unnecessary suffering

A misdiagnosis of cancer caused unnecessary suffering is a common medical negligence compensation claim. 

Cancer treatment can cause a lot of pain and suffering. If you receive treatment after a cancer misdiagnosis, you could experience unnecessary suffering. The pain and illness can be very traumatic and cause a lot of suffering. 

You might be able to claim for unnecessary suffering after a misdiagnosis of cancer.

Errors by the pharmacy led to unnecessary suffering

Errors by the pharmacy lead to unnecessary suffering when you are given the incorrect medication and suffer serious side effects, making you very ill. 

An error by the pharmacy may also happen when they give you the wrong dose instructions, and you suffer a reaction to the high levels of medication in your body. 

You could suffer unnecessary suffering if the pharmacy gives you a medication with a known interaction with a medication you are already taking. 

A pharmacy error can affect you and cause unnecessary suffering. 

Unnecessary suffering is medical negligence that can affect your life, cause delays in your treatment, or put you on the wrong course of treatment. 

You can make a claim for unnecessary suffering and seek compensation for the medical negligence.

Compensation for an 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 passes away due to a missed diagnosis of cancer or suffers a lifetime of unnecessary pain and disability due to a misdiagnosis of diabetes. 

Compensation for unnecessary suffering can see claims of:

  • Illness caused by pharmacy errors with a prescribed medication -£15,600
  • Pain and suffering due to delays in beginning treatment – £24,500
  • Failure to refer for tests caused unnecessary suffering – £32,400
  • Cancer misdiagnosis led to years of unnecessary suffering – £63,700
  • Unnecessary suffering due to errors by hospital consultant – £112,900
compensation claim calculator

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 hospital doctor, GP, or pharmacist. 

A No Win No Fee medical negligence solicitor will be the one to 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 medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

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, the ones left behind may have a claim for compensation. 

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 have a claim for unnecessary suffering, your No Win No Fee medical negligence solicitor can help make the case for compensation.

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:

  • General Damages
  • Special Damages
medical negligence compensation types

Claim for General Damages

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

  • Pain is that above what is normally expected for your condition, made worse by the unnecessary suffering caused by medical negligence.
  • Suffering is the inconvenience and changes to your life that cause you unnecessary discomfort after a misdiagnosis or other errors with your treatment.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Claim for Special Damages

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 unnecessary suffering caused by medical negligence.  

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 misdiagnosis, you can make a claim for medical negligence compensation.

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If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. It’s free and easy to speak with one of our team of medical negligence professionals.

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 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:

  • The GP who fails to refer you for further testing
  • The surgeon who makes an error during surgery
  • A hospital doctor who misreads an X-ray
  • A paramedic who misses the signs of a stroke
  • The hospital responsible for implementing NICE guidelines
  • The consultant who makes a misdiagnosis of cancer
  • The obstetrician who makes errors during the birth of your child
Who is responsible for medical negligence

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 you 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.

How to make a claim for unnecessary suffering

The steps involved in making a claim for unnecessary suffering 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 effects of the medical negligence and the unnecessary suffering you experience as soon as you realise you may be a victim of poor medical care.

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 your unnecessary suffering is due to medical negligence. 

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

You or a loved one suffered medical negligence, and you should get all the money due for any unnecessary suffering.

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 claim for unnecessary suffering. 

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 to the claim of unnecessary suffering or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms. 

If they admit liability, your medical negligence 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 for unnecessary suffering.

Issuing court proceedings is the next step if they deny liability in your claim for unnecessary suffering. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved ones suffered. 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

We fight for our clients!

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

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.

Using a No Win No Fee medical negligence solicitor

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

The medical negligence solicitor will have experience dealing with the NHS and insurance companies in unnecessary suffering claims. They will know how to handle your compensation claim for unnecessary suffering and how to make it a successful claim for compensation. 

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 experienced the unnecessary suffering, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

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. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and with a ‘Never Event’ such as a cancer misdiagnosis or missed diagnosis of stroke, the patient can claim compensation for the unnecessary suffering. 

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 unnecessary suffering compensation. We have both the legal and medical experts to guide you along the steps to a successful claim for compensation. 

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 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.

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