How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
Read guide →An avoidable delay in diagnosing diabetes can allow complications to develop or worsen. The investigation considers the symptoms, test results and clinical opportunities to diagnose or escalate care earlier, together with the medical consequences of any delay.
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Relevant evidence depends on the circumstances. Common sources include:
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The evidence is considered alongside the chronology and appropriate independent expert opinion.
Tell us what happened, when the treatment took place and how you were affected.
The key facts, limitation position and whether further investigation may be appropriate are considered.
Relevant medical records, chronology and evidence of any financial losses may be obtained.
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
The matter may conclude by agreement or, where necessary, through the court process.
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
Potentially, where reasonable opportunities to diagnose or investigate were missed and the delay caused avoidable harm or worsened complications.
The medical consequences are individual, but the investigation may consider whether delay contributed to problems such as neuropathy, eye disease, kidney injury, infection or other complications.
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
Read guide →A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Tell us what happened and our team can explain the next steps.