Could I Make A Medical Negligence Claim For X-Ray Negligence?

In this guide, we will explore whether you could be eligible to claim following an incident of X-ray negligence. There is a duty of care that medical professionals owe their patients which involves providing the correct standard of care. If this is not met, it could lead to a patient experiencing harm that was avoidable. This constitutes medical negligence, which needs to be demonstrated in order to seek compensation. We will explore the ways they can uphold this duty of care in more detail throughout our guide.

x-ray negligence

X-ray negligence claims guide

We will also discuss the steps you could take after sustaining avoidable harm in a medical setting, including gathering evidence and seeking legal help.

As well as covering those topics, we will also explore how compensation payouts are calculated for medical negligence claims. Finally, we explain how one of our No Win No Fee solicitors could guide you through the claims process using their expertise.

To learn more, you can contact our advisors. They are available 24 hours a day, 7 days a week, to answer questions you may have about the claims process. You can get in touch by:

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Could I Make A Medical Negligence Claim For X-Ray Negligence?

There are certain eligibility requirements that individuals must meet in order to make a medical negligence claim. While you may think it possible to claim for any type of harm you experience during medical treatment, there are specific factors that must be present. Namely, you must show:

  1. A medical professional owed you a duty of care.
  2. They breached this duty.
  3. As a direct result of this breach, you suffered avoidable or unnecessary harm.

Medical professionals owe a duty of care to their patients. This means they are obligated to provide an adequate standard of care to those they treat, ensuring that they don’t cause their patients to suffer avoidable or unnecessary harm. A failure to do so could lead to X-ray negligence for which you may be able to seek compensation.

How Long Do I Have To Claim For X-Ray Negligence?

If you experienced X-ray negligence, you generally have three years to begin your medical negligence claim. This is established by the Limitation Act 1980. The three year time limit can begin:

  • From the date medical negligence occurs, or
  • From the date you realise medical negligence occurred. This is called date of knowledge.

There are some notable exceptions to these time limits, however. For instance, this time limit is suspended for children under 18 and those who lack the mental capacity to represent themselves. During such a time, the courts may appoint a litigation friend to claim on behalf of someone who cannot represent themselves. If this is not done in cases where the claimant is a child, they will have three years from the date they turn 18 to begin their own claim. For cases involving a person with a reduced mental capacity, they will have three years from the recovery date, should this happen.

If you have questions about the time limits in place for medical negligence claims, or their exceptions, contact one of our advisors. They can also advise on whether you could be eligible to seek compensation.

What Are X-Rays?

Medical professionals will use an X-ray to produce images of the inside of the body. This kind of procedure can detect a range of conditions, such as broken bones, tooth problems, and certain forms of tumours, such as lung cancer.

It is possible for a medical professional to provide an inadequate level of care while performing or interpreting an X-ray. A failure to do so could result in the following:

  • The misdiagnosis of the fracture could occur if the X-ray is not carried out correctly. For example, the patient may be placed in the wrong position meaning their injury is missed.
  • If a medical professional mixes up one patient’s X-ray results with those of a second patient, then delays in treatment could occur in the time it takes for the error to be detected.
  • A doctor or radiographer could miss obvious signs of a certain condition by reading an X-ray incorrectly, leading to a medical misdiagnosis.

To learn more about the process of claiming for X-ray negligence, contact an advisor today. They can provide information about the merits of your potential claim.

How To Prove Medical Negligence

If you have experienced X-ray negligence, it will help prove your case if you can collect evidence. For instance, you could:

  • Request a copy of your medical records
  • Keep a diary detailing your symptoms and treatments
  • Access a copy of your prescriptions

If you are struggling to locate and collect evidence to support a medical negligence claim, one of our solicitors could help you with this task, so contact our team of advisors if you’d like to know more.

Examples Of Payouts For X-Ray Negligence

An X-ray negligence claim, if it succeeds, could involve up to two heads of claim. General damages act as a means to compensate you for the mental and physical pain you suffered due to medical negligence.

To help them calculate general damages, solicitors can use the Judicial College Guidelines (JCG), potentially alongside the results of an independent medical assessment. This is because the JCG contains guideline compensation brackets for different types of harm a person could experience.

The figures in the table below are from these guidelines. However, they are not guaranteed.

Brackets From The Judicial College Guidelines

Type of Harm Compensation Bracket Guide Details
Lung Disease (a) £100,670 to £135,920 Cases involving a young person with a serious disability. There is a probability of a worsening condition followed by death.
Lung Disease (b) £70,030 to £97,330 Lung cancer in an older person that causes severe pain, impaired function and a reduced quality of life.
Arm Injury (b) £39,170 to £59,860 Serious fractures in one or both arms. This causes significant residual disability of either a functional or cosmetic nature.
Severe Leg Injury (b) (iii) £39,200 to £54,830 Serious comminuted or compound fractures are included in this bracket.
Moderate Ankle Injury (c) £13,740 to £26,590 Injuries, such as fractures, that cause less severe disabilities.
Wrist Injury (b) £24,500 to £39,170 Some useful movement will remain but there will be significant permanent disability.

Could Special Damages Be Awarded In Medical Negligence Claims?

Special damages are intended to compensate you for financial losses arising from medical negligence. As an example, this head of claim could reimburse you for the money you spend travelling to and from medical appointments, prescription medications, and loss of earnings.

To claim special damages, you must present evidence of these expenses. To this end, you should keep as much documentation as possible, including bus tickets, hospital bills, payslips, and receipts.

For a more personalised estimate of your potential compensation payout, please contact our advisors.

Why Make An X-Ray Negligence Claim With Our No Win No Fee Team?

If you are considering seeking compensation, it could benefit you to work with a solicitor. Our solicitors have years of experience helping people make successful personal injury claims. If you are eligible, they could offer you a Conditional Fee Agreement, which is a kind of No Win No Fee agreement.

Under the terms of this agreement, you don’t have to pay ongoing fees for the services your solicitor provides you. Likewise, if your claim fails altogether, you typically don’t have to pay for the work the solicitor has completed.

If your case completes successfully, you will have to pay them a small fee. This is taken from your award. However, The Conditional Fee Agreements Order 2013 limits this fee, so you can’t be overcharged.

Talk To One Of Our Team Members Today

Our advisors are here to offer free advice whenever it is most convenient for you, 24/7. If they feel your claim is valid, they may also be able to put you in touch with one of our solicitors. Reach our advisors by:

Learn More About X-Ray Negligence Compensation Claims

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We hope you have found our guide about claiming compensation after a case of X-ray negligence helpful. If you need assistance or have questions about starting your potential claim, contact an advisor using the details above.

Guide by AFW

Edited by MF/ MMI