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.

Unnecessary Suffering Claim

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.

Medical Negligence Claim Assessment

Take our 5-minute claim assessment to determine the strength and validity of your case. This is a 100% cost and commitment free service.

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:

Cancer treatment unnecessary suffering claims

Cancer treatment negligence can lead to an unnecessary suffering claim when the oncologist or cancer nurse makes an error in your medical treatment. 

A late diagnosis of cancer or a missed diagnosis of cancer can cause months of unnecessary suffering and severe mental anguish.

Types of cancer treatment errors causing unnecessary suffering:

  • Missed diagnosis of cancer causes extra pain and suffering
  • Cancer medication errors cause unnecessary suffering to patient
  • A misdiagnosis of cancer allows it to spread and cause extra suffering

You may have an unnecessary suffering compensation claim for medical negligence during any cancer treatment.

Orthopaedic treatment unnecessary suffering claims

Orthopaedic treatment negligence, such as a missed broken bone, can cause unnecessary suffering, and you may have a compensation claim. 

You may be in pain due to the broken bone or torn ligaments, but orthopaedic negligence can lead to unnecessary suffering.

Types of orthopaedic treatment leading to unnecessary suffering:

  • A missed diagnosis of a broken bone causes the injury to set incorrectly
  • A missed torn ligament does not heal correctly, causing constant pain
  • Missed broken wrist on the X-ray such as a scaphoid causes unnecessary suffering such as a requirement for surgery

Orthopaedic negligence can cause unnecessary suffering, and you may have a medical negligence compensation claim.

Failure to inform unnecessary suffering claims

A failure to inform the patient of what is happening and of alternatives to the proposed treatment can lead to stress and unnecessary suffering. 

Only when a patient has all the information can they give informed consent for a medical procedure.

Types of failure to inform in unnecessary suffering claims:

  • Failure to inform the patient of alternatives to invasive surgery
  • Failure to inform the patient of the side effects of a medication
  • Failure to inform the patient of an alternative to a proposed treatment

If you undergo unnecessary suffering due to a failure to inform you about your medical treatment, you may have a medical negligence compensation claim.

Schedule A Call

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 negligence professionals.

Surgical negligence unnecessary suffering claims

Surgical negligence in unnecessary suffering claims are for the pain you may experience due to errors before, during and after surgery. You could contract an infection or have excess pain due to the medical negligence by the surgical team.

Types of surgical negligence leading to unnecessary suffering:

  • A failure to inform the surgical patient of alternatives to invasive surgery
  • Unnecessary suffering due to errors during surgery
  • Unnecessary suffering when a surgeon forgets to prescribe painkillers

You could have a medical negligence compensation claim for the effects of the unnecessary suffering due to surgical errors.

Obstetric negligence unnecessary suffering claims

Obstetric negligence, such as failing to monitor the mother during delivery, can cause unnecessary suffering to both the mother and the baby. 

Childbirth can be painful, but if you experience unnecessary suffering, you could have a medical negligence claim.

Types of unnecessary suffering due to obstetric negligence:

  • A failure to supply an epidural in due time
  • A failure to monitor the mother leads to an emergency Caesarean
  • A failure to prescribe antibiotics causes the mother to suffer infection

Delays and avoidable surgery due to obstetric negligence can add unnecessary suffering to childbirth, and you could have a medical negligence compensation claim.

Unnecessary suffering such as that due to cancer negligence, obstetric negligence and orthopaedic negligence can add stress and pain to your life.

An unnecessary suffering medical negligence claim can seek the compensation you deserve.

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.

  • Unnecessary suffering due to delays in testing -£25,800
  • Pain and suffering due to orthopaedic negligence – £35,600
  • Unnecessary suffering due to a misdiagnosis of diabetes – £44,200
  • Cancer misdiagnosis causes unnecessary suffering – £105,800
  • Unnecessary suffering due to hospital negligence – £127,300

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.

compensation claim calculator

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:

General Damages in an unnecessary suffering claim are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to surgical negligence, cancer negligence or any form of medical negligence.

  • 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, missed diagnosis 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.

Special Damages in an unnecessary suffering claim 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 failure to inform of alternatives to surgery or medication errors, you can claim medical negligence compensation.

medical negligence compensation types

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:

  • A spouse or former spouse of the patient
  • Someone who lived with the patient for two years 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.

Schedule Your Callback

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

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:

  • The oncologist who makes an error with your cancer diagnosis
  • The surgical team who fails to inform you of alternatives to surgery
  • An A&E doctor who delays in treating your emergency
  • A paramedic who misses the signs of a stroke
  • The NHS hospital responsible for implementing NICE guidelines
  • The NHS Trust responsible for employing medical staff
  • 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 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.

We fight for our clients!

“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

“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

“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

“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

“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

“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

“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

“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

“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

“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

“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

“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

“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

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.

speak to a medical negligence expert today