How To Claim For X-Ray Negligence
If you have experienced X-ray negligence and this caused you to suffer avoidable harm, you may be wondering whether you could claim medical negligence compensation. Medical professionals owe a duty of care to their patients to provide care that meets the correct standard. If they fail to do so, and you are caused harm that could have otherwise been avoided, it’s possible medical negligence has occurred. We will note the criteria that must be met for a medical negligence claim to be made, as well as the factors determining how long you have to start a claim, in more detail throughout our guide.
Later in the guide, we will outline some examples of situations where a medical professional could fail to uphold their duty of care when performing or examining your X-ray, and the way this could affect you.
Furthermore, we will give insight into the settlement that could be awarded to you if a claim is successful.
Finally, we explain what forms of evidence could help strengthen your claim, and how a solicitor offering their services on No Win No Fee terms could help you build your case.
For further guidance, please do not hesitate to speak to an advisor, as they can give you a free consultation to determine if you have a valid claim. They can also answer any questions you might have after reading our guide.
To get in touch, you can:
- Give us a call on 020 3870 4868
- Use our online form to discuss your potential claim online
- Start a conversation with an advisor via the live chat pop-up below.
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- How To Claim For X-Ray Negligence
- What Is X-Ray Negligence?
- Proving A Radiology Negligence Claim
- X-Ray And Radiology Negligence Compensation Calculator
- Make A No Win No Fee Claim For Negligent X-Rays
- Further Guidance On Medical Negligence Claims
Medical negligence must be identified for a claim to be valid. As such, you would need to prove the following occurred:
- A medical professional owed you a duty of care;
- They breached their duty of care by providing care which failed to meet the correct standard;
- This then caused you avoidable harm.
If the above criteria are met after you suffer complications following your X-ray, you could then have grounds to begin an X-ray negligence claim.
Are There Time Limits When Claiming For Medical Negligence?
Medical negligence claims must be made within the three-year time limit outlined by The Limitation Act 1980. The three years could begin on the date of the medical negligence or alternatively could start from when you became aware of it. The latter is known as the date of knowledge.
However, some exceptions exist. Firstly, the time limit is suspended for under-18’s and also for people who do not have the mental capacity to pursue a claim. People under the age of 18 will have three years to launch a claim once they turn 18. Should a person regain their mental capacity to start a claim, they will have three years from their recovery date to do so.
During the pause period for either group, the courts can appoint a representative, known as a litigation friend, to start a claim on the claimant’s behalf.
If you are unsure how long you have to begin an X-ray negligence claim, please contact our advisors by calling the number above.
According to the NHS, an X-ray scan is a procedure often used to produce images of the inside of the body. They can be carried out by a range of healthcare professionals, including trained specialists called radiographers in hospitals.
There are several ways you could experience avoidable harm after an X-ray. For example:
- You receive a pneumonia misdiagnosis because your X-ray scan was not read correctly.
- When getting an X-ray for a suspected fractured arm, the radiographer places your arm in the wrong position. As a result, the fracture is missed because the procedure is carried out incorrectly.
You could be impacted by X-ray negligence in different ways. For example, you could receive the wrong treatment, such as the wrong medication because of a misdiagnosis caused by an incorrectly interpreted X-ray scan. Alternatively, you could receive delayed broken arm surgery after having your fracture missed in the initial X-ray due it being carried out incorrectly.
To discuss your case and understand whether you could be eligible to make a medical negligence claim, please contact an advisor on the number above.
Proving medical negligence is an important part of making a valid case for compensation. As such, you could gather the following types of evidence to support your X-ray negligence claim:
- Medical reports showing the initial issue, as well as those from later on showing the complications you suffered.
- Copies of X-ray scans.
- Official reports from doctors or hospitals.
- Contact details for witnesses to your treatment, if there were any.
Findings from the Bolam Test could also be used as evidence if they support your claim. This is an assessment in which medical professionals with relevant training determine whether you received the correct level of care.
If you are finding it difficult to gather and present evidence relevant to an X-ray negligence claim, a solicitor from our panel could help with this. To learn more about their services, and how they could assist you in seeking medical negligence compensation, please call our advisors for free guidance.
If you were to be successful in your X-ray negligence claim, you could be awarded compensation under up to two heads of claim.
The first head of claim is general damages. The purpose of this is to compensate you for physical pain and/or mental suffering resulting from medical negligence.
Using the Judicial College Guidelines, we have produced the below table of guideline compensation brackets. General damages could be calculated using this document and any medical evidence provided in support of your claim.
However, please remember that, because a settlement is determined by the different factors involved in that particular case, these figures are not a guarantee of any payout.
|Kidney||£169,400 to £210,400||The loss of, or serious and permanent damage to, both kidneys.|
|Lung disease||£100,670 to £135,920||Cases of a young person with a serious disability and the probability of the condition becoming progressively worse resulting in an early death.|
|Lung disease||£70,030 to £97,330||Lung cancer that causes severe pain and function impairment. There is also an impairment of the person's quality of life.|
|Leg||£39,200 to £54,830||Severe (iii): This bracket includes serious compound or comminuted fractures.|
|Arm||£6,610 to £19,200||This bracket includes fractures of the forearm that are simple in nature.|
|Wrist||In the region of £7,430||A Colles' fracture that is uncomplicated in nature.|
You could also claim compensation for financial losses resulting from medical negligence under special damages, the second head of claim. If you can provide proof such as bank statements, payslips or receipts, you could claim back costs such as:
- A loss of earnings;
- Healthcare costs;
- Home adaptations or mobility aids;
- Travel expenses;
- Prescription charges.
For further guidance on the compensation you could potentially receive following a successful X-ray negligence claim, call an advisor on the number above.
You may speak to our advisors and find that you have a valid X-ray negligence claim. If so, you could seek legal representation from our panel of expert medical negligence solicitors.
You could then be offered a form of No Win No Fee contract known as a Conditional Fee Agreement (CFA). The terms of a CFA usually mean you won’t be charged for any work completed on your case if your case fails. You also won’t normally need to pay for their work at the start of your case, or as it progresses.
Following a claim that completes successfully, you will pay a percentage of your compensation to your solicitor. This is taken as their success fee. However, the Conditional Fee Agreements Order 2013 applies a cap to the percentage restricting how much a solicitor can take.
Our team of dedicated advisors is ready to give you free and useful advice regarding your potential X-ray negligence claim. To get in touch, you can:
For more helpful guides relating to medical negligence claims:
- A guide on compensation for an operation that has gone wrong.
- Find out if you could claim compensation for the misdiagnosis of a stroke.
- Learn how to claim compensation for drug errors.
For more external resources:
- General Medical Council – Ethical Guidance For Doctors
- GOV – NHS Constitution For England
- NHS Resolution – Annual Report Statistics
Thank you for reading our guide on when you could be eligible to claim for X-ray negligence. If you have any other questions, please contact our advisors on the number above.
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