Nursing negligence claims

Nursing negligence claims

For finding answers and getting justice

When you place your trust in the hands of nurses, you’ve a right to expect a high standard of care, compassion and professionalism. When this trust is broken due to negligence, the emotional and physical impact can be significant.

Whether it's a missed diagnosis, medication error or a lack of proper care, Switalskis offers expert legal support for nursing negligence claims. We recognise the depth of pain and confusion that can arise from these experiences, and we believe that no one should have to suffer in silence.

Our dedicated medical negligence team is here to stand by your side, offering legal guidance and support throughout the compensation claim process. We're here to give you the best possible chance of making a successful medical negligence claim so that you can move forward with your life.

If you or a loved one have been affected by negligence in nursing, reach out to us now on 0800 1380 458, or contact us through the website to begin your journey towards resolution and healing.

How Switalskis can help you

At Switalskis, we're more than just a legal firm - we're a team of compassionate individuals dedicated to making a difference in the lives of those affected by nursing negligence. We understand that behind every nursing error claim is a personal story, and we'll make sure that story is heard when we take on your medical negligence case.

Here's what you can expect from working with Switalskis:

  • We'll navigate the complexities of the legal system on your behalf, handling every aspect of your case with industry-leading expertise. We'll delve deep into the details of your case, gathering all of the necessary evidence and consulting with medical experts to give you the best chance of a successful outcome.
  • We take the time to understand your individual circumstances to make sure that our strategy is tailored to your specific needs and objectives.
  • We recognise the emotional toll that nursing negligence can take, and we're here to provide reassurance and support throughout the process.
  • We offer a range of funding options, including no win, no fee claims, so that you can pursue justice without any financial stress.

With years of experience handling all sorts of medical negligence claims, we've built a reputation for excellence in this field. Our team includes legal experts accredited by the Law Society and AvMA (Action Against Medical Accidents) , which demonstrates the level of respect that we've earned within the sector.

With Switalskis by your side, you'll gain a partner who genuinely cares about your wellbeing and is committed to helping you find closure and justice.

Read what our clients had to say about the help they received from Switalskis

What is classed as nursing negligence?

When receiving medical care, there are always risks, and negative outcomes can happen that aren't necessarily anyone's fault. However, in other cases, you may be harmed as a direct consequence of negligent treatment by your nurses. In order to be eligible for nursing negligence compensation, you'll need to be able to prove that you were the victim of poor nursing care.

Proving professional negligence in nursing practice centres on the duty of care that nurses owe to their patients. Every nurse has a professional obligation to provide care that meets a certain standard. This is a foundational principle in healthcare, and all medical professionals must uphold it so that patients receive safe and effective treatment.

To receive compensation, you must be able to prove that a nurse breached their duty of care. It's not just about errors; it's about preventable mistakes that a diligent and competent nurse wouldn't have made.

Additionally, we must prove that there was a direct link between the nurse's negligence and the harm or injury you suffered. In other words, you'll need to be able to show that the harm wouldn't have happened if the nurse had provided the appropriate standard of care.

Proving a nursing negligence case can be difficult without a thorough knowledge of medical negligence law. At Switalskis, we'll provide this expertise, putting you in the best position to make your claim.

Example cases of nursing negligence

Nursing negligence happens in various ways and situations. Here are some common examples of failures in nursing care that might be grounds to make a medical negligence claim:

  • Medication errors: a nurse provides a patient with the wrong medication, or the correct medication at the wrong dosage, this can lead to severe side effects, prolonged hospitalisation or even life-threatening reactions.
  • Failure to monitor: a nurse fails to monitor a postoperative patient to track their vital signs and recovery progress, leading to the patient's condition deteriorating.
  • Improper use of medical equipment: a nurse uses medical equipment in a way that injures the patient or fails to work properly
  • Neglecting patient concerns: a patient repeatedly expresses concerns about a particular symptom or pain they're experiencing, and the nurse dismisses these concerns off-hand, leading to a delayed diagnosis and additional harm.
  • Inadequate patient supervision: an at-risk patient is left unattended, resulting in a severe injury, or even self-harm.
  • Documentation errors: a nurse fails to accurately record a patient's symptoms, medication reactions or treatment responses, which results in the patient failing to get the treatment they need.
  • Infection control failings: a nurse fails to follow the proper hygiene procedures, and a patient contracts a dangerous infection.
  • Failure to act on abnormal clinical symptoms: a nurse fails to interpret abnormal vital signs and act appropriately or seek medical opinion.

These examples highlight the significant impact that nursing negligence can have on patients. If you've been affected by any of these failures of nursing care, get in touch with Switalskis to make a medical negligence claim.

Why should I make a nursing negligence claim?

Deciding to pursue a nursing negligence claim is a significant step. It can be hugely beneficial not just to yourself, but also to the healthcare system in general. Here are the potential positive outcomes of moving forward with a nursing negligence case:

  • You'll be able to achieve justice and closure by making sure that those responsible for substandard care are held accountable for their actions.
  • You'll receive the compensation you deserve. This can cover your medical bills, therapy costs, lost wages and other related expenses. It can also provide for future needs if the negligence has led to long-term or permanent disabilities.
  • By highlighting areas of concern and lapses in care, medical negligence claims can act as a catalyst for change within healthcare institutions. They can lead to improved training and clinical practice, better protocols and heightened awareness of risks, reducing the chances of similar incidents happening in the future.
  • Taking action against negligence can empower victims and their families. It's a proactive step that allows people to regain some control over a situation that has left them feeling helpless.

Making a nursing negligence claim is not just about seeking compensation. It's about justice, change, healing, and making sure that every patient receives the standard of care they rightfully deserve.

What is the process for nursing negligence claims?

The nursing error claims process might seem daunting, but at Switalskis, we'll streamline these steps to make sure you feel supported and informed at every stage.

Here's an overview of what the nursing negligence claims process involves:

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to identify any negligence and prove this was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim, which is known as a letter of response. The letter will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our nursing negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the nursing negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Throughout your nursing negligence compensation journey, we'll provide regular communication, transparent updates and expert guidance. Our dedicated solicitors are devoted to making the process as seamless and stress-free as possible.

Is there a time limit for nursing negligence claims?

Understanding the time constraints for nursing negligence claims is vital to make sure you don't miss out on the opportunity to seek justice and compensation. Generally, you have three years from the date of the negligence, or from the date you became aware of the negligence that caused you an avoidable injury, to start a nursing negligence claim. This is known as the limitation period.

There are a few exceptions to this:

  • Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered the negligence lacks the mental capacity to make their own decisions, there may be no time limit in which to make a claim on their behalf.
  • Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to complications arising from nursing negligence, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

In some rare cases, the courts may decide to extend the limitation period. However, relying on this is risky, as this is only ever done at the discretion of the courts.

Starting the process sooner rather than later means all evidence is fresh and readily available, and means you won't run the risk of missing a deadline. If you're uncertain about whether you're within the time limit or if you believe you have exceptional circumstances, speak to the medical negligence team at Switalskis for guidance.informed.

How much nursing negligence compensation could I claim?

The compensation amount for nursing negligence claims can vary significantly based on the specifics of each case. That makes it hard to provide a useful estimate without a detailed assessment of your case.

All of the following factors will influence how much compensation you might receive:

  • The severity and long-term impact of the injury
  • The cost of medical expenses, both past and future, caused by medical negligence
  • Lost earnings, including current and future earnings
  • Physical pain and emotional distress
  • Costs associated with ongoing care, whether provided professionally or by family members
  • Expenses for home modifications or special equipment needed due to disability
  • Emotional impacts, including depression, anxiety and other mental health problems
  • The inability to pursue hobbies or maintain the same quality of life you had before
  • Past rulings in similar nursing negligence cases

Switalskis will work to make sure you receive the maximum compensation you deserve. Get in touch, and we'll provide you with a detailed estimate of how much you could claim.

How are nursing negligence claims funded?

Navigating the financial aspects of a nursing negligence claim can be daunting, but Switalskis aims to make sure the process is transparent and accessible so that nobody is ever put off seeking justice due to the costs.

Here's a breakdown of the funding options available:

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a nursing negligence claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaise with your insurer.
  • Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Our team is here to guide you through your funding options and help you pick an option that suits your needs and circumstances.

How long do nursing negligence claims take?

Nursing negligence claims can vary in duration, with some cases being resolved in a few months, while others might take several years. On average, claims are settled within one to three years.

The following factors can affect the timescale:

  • The complexity of the case, as more challenging cases will take longer to resolve
  • The severity of the injury, as claims involving severe injuries or long-term consequences may need more extensive medical assessments
  • The willingness of the opposing party to cooperate and settle quickly
  • The availability of evidence, especially in cases where records are missing or unclear
  • Whether or not the case needs to go to court

It's important to remember that each claim is unique, and while some might be resolved swiftly, others will take longer to reach the best possible outcome. Switalskis will always work to make sure that your case is resolved efficiently, while still making sure you receive the compensation that you deserve.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458,or get in touch via our form.

Our nursing negligence claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

Navigating the aftermath of nursing negligence can be very emotionally taxing. In these trying times, Switalskis will stand by your side, guiding you through every challenge and uncertainty.

Here's what you can expect when you seek legal advice from Switalskis:

Clarity in complexity

The medical negligence claims process can seem overwhelming, but with Switalskis, it doesn't have to be that way. We're dedicated to demystifying the legal jargon and presenting everything in a clear, straightforward manner. We'll address all your concerns, simplify the complicated parts, and keep you well-informed at every stage.

Empathy at every step

At Switalskis, we take the time to delve deep into your unique situation. We listen to your concerns, making sure our advice reflects both your emotional and legal needs. You're not just another case to us; we know your whole family will be facing a challenging time, and we're here to offer our steadfast support and understanding.

Expertise you can trust

When confronting an issue as complex as a medical negligence claim, you need to have real trust in your legal representation. Our team has an impeccable track record in managing nursing negligence claims, and we're specialists in this area, meaning you can always trust us to provide you with practical and well-informed advice.

Championing your rights

Our team is dedicated to upholding and championing your rights. We aim not only to secure the compensation you deserve, but also to make sure that those at fault are held accountable. This means we're not only obtaining justice for you, but also helping to safeguard others from similar experiences in the future.

We can support you in the following medical negligence situations

FAQs about nursing negligence

What are the legal standards of care for nursing?

Nursing professionals are bound by a set of legal standards of care that make sure patients receive safe, effective and compassionate care. These standards are defined and overseen by regulatory bodies such as the Nursing and Midwifery Council (NMC).

Under these rules, nurses have a legal duty to uphold the following standards in their care:

  • Stick to evidence-based practice, meaning nurses should base their care on the latest research and best available evidence
  • Commit to continuous professional development, meaning they continue training and updating their methods throughout their careers
  • Communicate effectively with patients, their families and other healthcare professionals. This includes listening to patients, providing clear information, and respecting patients’ decisions about their care
  • Act in the patient's best interests, particularly when a patient’s capacity is compromised
  • Handle patient information with discretion, and only share it when necessary and with the appropriate permissions. This protects patients' privacy rights

These standards promote safety, professionalism and trust, and are designed to make sure that nursing professionals deliver care that is both effective and compassionate.

Who can I complain to about professional negligence in nursing practice?

If you believe you or a loved one have been a victim of professional negligence in nursing practice, you may also be able to lodge an official complaint to the following organisations:

  • The healthcare facility or hospital where the incident happened.
  • The Nursing and Midwifery Council, which is the primary regulatory body overseeing nursing standards. They have the power to investigate serious misconduct.
  • Local supervisory authorities or health boards, who handle complaints at a regional level, ensuring local accountability.
  • The Parliamentary and Health Service Ombudsman, who can review complaints if patients are unsatisfied with the initial responses from these other organisations.

You can pursue any of these official channels of complaint alongside your legal claim for compensation. Voicing your concerns not only helps address individual instances of negligence in nursing, but also contributes to improving the overall quality of healthcare services.

Find out how Switalskis can help you

If you suspect that you or a loved one suffered due to nursing negligence, it's essential to take that initial step toward justice. Switalskis is here to assist you every step of the way, offering expert guidance, compassionate support, and robust representation tailored to nursing negligence claims.

Contact Switalskis today by calling 0800 138 0458 , or contact us through the website to confidentially discuss your concerns with a legal specialist in nursing negligence claims.

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