Medical Accidents

• 01. Introduction

• If you have had medical treatment which went wrong or didn't work properly, you may be able to get compensation for your injuries. This leaflet explains what you can do if you've suffered from a medical...

• 02. What is a medical accident?

• If something goes wrong when you are having medical treatment, this is sometimes called a 'medical accident' or 'adverse event'. If your treatment has not worked or there have been complications, it does not always mean that there has been a mistake, or that...

• 03. What should I do if I have been a victim of a medical accident?

• If you have been injured during treatment, you must first make sure that you are getting the right treatment to try and correct the injury. You may need to get a second opinion or ask your doctor to refer you to another hospital or clinic. You will...

• 04. How do I find out more about what happened to me?

• You should first get a detailed explanation from your doctor or from the healthcare professional who was involved in your treatment. The doctors' professional code of conduct says a doctor should give you an explanation of what happened during your treatment...

• 05. When can I claim compensation?

• If you have been injured physically or psychologically by healthcare professional's negligence, you may be able to claim compensation. The injury needs to be serious enough to make it worthwhile paying the costs of making a claim. It is probably not worth...

• 06. How do I claim compensation?

• There is no system in the UK for automatically paying compensation to people who have suffered a medical accident. Sometimes, a hospital might admit that they have made a mistake and offer you compensation, but this is usually for relatively minor injuries or...

• 07. How do I decide whether I should take legal action?

• If your solicitor says you have grounds for a legal claim, you still need to think about whether you should take legal action. It is not a decision you should take lightly. Making a legal claim can be very stressful. You will have to go over what has...

• 08. What if I can't afford to pay for a solicitor?

• Investigating a claim for clinical negligence can cost many thousands of pounds. If you can't afford to pay for this yourself, there are several ways of getting help with the costs. Public funding If you are on a low income, you may be able to get help...

• 09. What do I have to prove to claim compensation?

• To make a legal claim for compensation, you have to prove two things. These are that: the care you received was below the standard to be expected of reasonably competent healthcare professional practising in that area of medicine ('negligence'); and ...

• 10. What can I claim compensation for?

• You can claim compensation ('damages') for any injuries or losses that you can prove were the direct result of the healthcare provider's negligence. This could include compensation for: pain and suffering, including, for example, ongoing treatment and...

• 11. What can I do if my treatment was private?

• If your treatment was private, you need to follow the same steps as you would for NHS care, except that you won't be able to use the NHS complaints procedure. However, private hospitals and private clinics must by law have their own complaints procedure. If...

• 12. What should I do if a relative has died as a result of a medical accident?

• If a relative has died, you can take the same steps you would take if you were injured during medical treatment, but you should also arrange to contact the local coroner. Coroners are responsible for investigating any death where someone has not died from...

• 13. What if my injury was caused by faulty medical equipment?

• If your injury was caused by faulty medical equipment, such as an artificial hip joint, you may be able to claim under the Consumer Protection Act 1987. This also applies to medical products, for example if you were injured or made ill from a blood product. ...

• 14. What if I want to make sure that the same mistake is not made again?

• Whether or not you want to claim compensation, there are steps you can take if you want to make sure that the same mistake is not made again. You may be mainly concerned about: a doctor or other healthcare professional involved in your treatment; or the...

• 15. Further Help

• Action Against Medical Accidents (AvMA) Phone: 020 86868 333 The website of Action Against Medical Accidents Independent Complaints Advocacy Service (England) Can provide independent advice and help with...