Advice On Claims For NHS Walk-In Centre Medical Negligence

If you’ve been the victim of NHS Walk-in centre medical negligence, you may be feeling let down and angry. You would expect a certain standard of care to be met at such a centre. If they are not, it could not only impact you physically, but mentally and financially too. In this guide, we are looking at NHS clinical negligence at walk-in centres and what it can mean for patients who are let down. While no compensation amounts could totally make up for the incident, compensation payouts for medical negligence could help you move on after such an event. But how do you know whether you could have a valid care service negligence claim? And how could you go about making one?

NHS walk-in centre medical negligence claims guide

NHS walk-in centre medical negligence claims guide

This guide explains what could potentially constitute NHS clinical negligence at a walk-in centre. We explain how compensation amounts could be arrived at and what sort of compensation payouts you could receive for a variety of injuries and illnesses. In the later sections of this guide, we offer some examples of what negligence you could potentially suffer and explain what treatment you could receive. Finally, we answer some common questions about negligence claims, and show you how we could offer you advice and support. We could even connect you with a lawyer who could assist with your claim against an NHS walk-in centre for medical negligence. To benefit from our advice and support, simply call 0161 696 9685.

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A Guide On Claims For NHS Walk-In Centre Medical Negligence

Whether you visit a walk-in centre for treatment for a minor injury or illness, or for an infection, you would expect to receive a safe standard of care. But what if you don’t? What if you receive treatment or advice that makes you worse, not better. Or you’re misdiagnosed and receive treatment you don’t need? This guide explains what you may need to know before you begin a claim.

In the sections below, we offer guidance on how to make an NHS walk-in centre complaint, taking you through the NHS complaints procedure and explaining how you could contact the NHS Ombudsman should you not be happy with their response. We also examine in detail what could constitute medical negligence in a walk-in centre, answering questions such as:

  • Can you sue the NHS for negligence?
  • How much does medical negligence cost the NHS?
  • What is the average payout for medical negligence UK?
  • Who can use NHS walk-in Centre?

Further to this, we explain how solicitors and courts calculate compensation payouts. We also explain how we could offer free legal advice or connect you with a No Win No Fee personal injury solicitor to assist with your claim.

Calculate Compensation For NHS Walk-In Centre Medical Negligence

To come to an appropriate value for your medical negligence claim, all the evidence would need to be assessed. You’d need to seek an assessment from an independent medic as part of your claim. Their medical report, based on your assessment, would offer their professional opinion of your injury and prognosis. Solicitors could use this combined with the guideline figures in the Judicial College Guidelines, to come to a value for your case. We have reproduced some figures from this publication to give you some insight into approximate compensation payouts.

InjuryCompensation Bracket (Approximate)Remarks
Kidney injuriesUp to £60,050A significant risk of the claimant having future UTIs/total loss the kidney’s natural function.
Infertility due to a failed diagnosis of an ectopic pregnancy£31,950 - £95,850That results in complications
Female infertility£16,860 to £34,480Where there are no complications, and the claimant has children.
Illness/Damage from Non-traumatic Injury, e.g. Food Poisoning£8,950 to £18,020Poisoning, serious, yet short lived.
Illness/Damage from Non-traumatic Injury, e.g. Food Poisoning£36,060 to £49,270Toxicosis – severe
Illness/Damage from Non-traumatic Injury, e.g. Food Poisoning£3,710 to £8,950Symptoms could remain for days, or up to some weeks. Between 1-2 years the. Claimant would have fully recovered.
Facial scarring£27,940 to £91,350Very Severe Scars
Facial scarring£16,860 to £45,440Less Severe Scars
Facial scarring£8,550 to £28,240Significant Scars

Types Of Damages

If you have a successful medical negligence claim your settlement could contain two Heads of Loss.

General Damages

These damages refer to the non-pecuniary costs of your injuries; namely your suffering and pain, and any loss of amenity. These have no quantifiable price tag, so they are assessed on a case by case basis. As we mentioned in the section above, your medical report could influence the compensation payouts you receive for general damages.

Special Damages

These damages could be easier to quantify, as they are designed to put you in the financial position you would have been in if you had not suffered medical negligence. Special damages could include:

Care Costs

If you suffer serious illness or injury, you may not be able to do some things for yourself. You may therefore need someone to care for you at home. If there are costs involved with this, you could include them within your claim.

Loss Of Earnings

Have you taken time off work because you were too ill or injured to attend? If so, you could have lost out on some of your income. If that has happened to you, you could claim for loss of income. In some cases, you may be able to claim for future loss of earnings.

Medical Expenses

Have you spent money on prescription medicines because of your injuries? Or, have you had to pay for treatment? You could also include medical expenses within your claim.

Travel Costs

If you’ve incurred travel costs when travelling to see your lawyer or to attend a medical appointment, you could also claim for these.

To include special damages within your claim, you’d need to provide evidence. Documents such as payslips, bank statement receipts and credit card bills could all be useful in ensuring you claim for all the costs you’ve incurred.

What Could Be Medical Negligence By An NHS Walk-In Centre?

Medical negligence could result from a negligent misdiagnosis, a failure to diagnose, a late diagnosis or even a failure to refer. It could also result from a failure to treat or negligent advice or treatment. Such negligence could cause you undue harm. However, it is important to note that if a misdiagnosis, failure to refer, failure to diagnose etc takes place this may not always constitute negligence. It must be proven that the doctor acted negligently and that is what lead to the mistake.

NHS walk-in centres must offer a safe standard of care. A low standard of care could result from lack of staff training, understaffing, tiredness.

Examples of situations that may be considered negligent could include:

  • Acquiring an infection from unsanitary conditions
  • Failure to refer or diagnose a broken bone, because the doctor ignored the clear symptoms the patient described, leading to a worsening of the injury
  • Treatment with medication you have informed staff you’re allergic to – causing an allergic reaction
  • Negligent sexual health advice leading to you transmitting an STI to a partner

These are just a few examples. Here at Advice.co.uk we are able to offer free legal advice to those who are interested in claiming for medical negligence. Please call our team at any time to benefit from our assistance.

Who Are The Top Providers Of Walk-In Centre Services?

You may assume that the NHS provides all walk-in centre services but this is not the case. While the initial set up of NHS walk-in centres were nurse-led and run by the NHS, it became necessary for the NHS to encourage independent sector company involvement with the NHS in an effort to reduce waiting times.

Walk-In Centre Service Providers

  1. Care UK
  2. Virgin Care
  3. Malling Health
  4. The Practice
  5. The Hurley Group
  6. Primecare
  7. Bondcare Medical Services
  8. Danum Medical Services
  9. DMC Healthcare
  10. GTD Primary Care
  11. Local Care Direct
  12. One Medicare

What Services Do Walk-In Centres Provide?

Walk-in centres provide assessment and treatment for minor injuries and illnesses. This could include:

  • Sexual health advice and STI testing
  • Emergency contraception services
  • Minor injury assessment and treatment
  • Minor illness assessment and treatment

What Duty Of Care Does A Walk-In Centre Owe Patients?

An NHS walk-in centre has a duty of care towards those accessing its services. In general terms, the duty of care a healthcare professional has is to ensure that their actions do not cause avoidable harm to a patient. They must also adhere to the relevant safe standard of care. Failure to give care at this standard could constitute negligence. To make a claim for medical negligence you must apply the Bolam Test. You must be able to prove that a medical professional of the same standard would have acted differently therefore not causing harm to the patient.

Types Of Medical Negligence Which Could Injure Patients?

Generally, medical negligence could fall into one of the below categories.

  • Contributory negligence – This could happen in cases where the patient is responsible for their own injury. In such cases, it may not be possible for the injured party to claim
  • Vicarious liability – These are claims made against the organisation that is responsible for its staff, and a staff member is negligent. For example, you could claim against the NHS because a nurse employed by them was negligent.
  • Comparative negligence – This means the patient has contributed to their own injury. In such cases it may still be possible to claim but compensation could be reduced.
  • Gross negligence – this involves the complete disregard of a medical professional as to patient safety. In such cases, a medical professional, if found liable, could lose their licence to practice.

Common Types Of Clinical Errors

As there are so many different injuries ailments that could strike a person, there are many ways in which patients could experience harm from medical negligence. Examples could include:

  • A negligent failure to diagnose an illness, causing it to continue without treatment
  • A failure to refer a patient for tests or to another practitioner so they could receive an accurate diagnosis
  • Negligent advice causes a patient’s injury or illness to become worse
  • Negligent prescription errors which could cause undertreatment or overdose
  • Medications prescribed together that should not be because they could cause a drug interaction

If you’re unsure whether an NHS walk-in centre incident could constitute negligence our team could assess this for you. We could offer free legal advice on the steps you could take.

Healthcare Acquired Infections

Healthcare service premises should be kept clean and sanitary. If this does not happen, a patient could potentially acquire an infection, which could cause a number of symptoms. In terms of infections and viruses, a healthcare service provider should make sure they are taking all steps possible to stop any transmission. If they do not wipe down services, wear a mask, or wash their hands, you could become ill. There are lots of illnesses and infections that you could suffer due to non-sanitary conditions. Call our advisors for a free claims assessment. If they can see you have a chance of being awarded compensation they will ask if you would like to be connected to a medical negligence solicitor.

Negligent Care Of Minor Injuries

You can visit an NHS walk-in centre with a minor illness. You should check before you go whether they deal with a health complaint like yours. Different walk-in centres vary by the services they offer. It is vital that whatever you attend with is diagnosed and treated so that you can make a speedy recovery. Negligent care of minor injuries could include:

  • Negligent failure to refer for scans/x rays to rule out a broken ankle bone injury
  • A doctor acted negligently which caused a misdiagnosis of a sprain when a bone was broken
  • Negligent care of an eye injury, causing loss of sight
  • Failure to clean a wound before stitching, causing infection
  • Incorrect dosage of pain medication leading to overdose

These are just a few examples. If you believe you could have a valid case for compensation, we could provide you with free legal advice. We could also connect you with a solicitor to begin your claim for you.

When Can You Use A Walk-In Centre?

You could use an NHS walk-in centre if you aren’t currently registered with a GP, or cannot get an appointment with one and believe you need medical attention. You should not visit a walk-in centre if you believe your condition is life-threatening. However, you could go to an urgent treatment centre or walk-in centre if you need help with:

  • Emergency contraception
  • Bites, stings, cuts and grazes
  • Strains and sprains
  • Suspected broken bones
  • Coughs/Colds
  • High temperature (children)
  • Throat or ear infections
  • Rashes and skin infections
  • Eye issues
  • Diarrhoea and vomiting
  • Stomach pain
  • Minor burn injury or scald
  • Head injuries, if they are minor

If you’re not sure where to go with an injury or illness, you could visit NHS 111 to take a survey that could help you.

Find An NHS Walk-In Centre Close To You

If you believe you could be in need of medical attention for minor illnesses or injuries, and you think an urgent care centre or walk-in centre could help you, you don’t have to search for NHS walk-in clinic near me. You could simply check the NHS website. On the site, you’ll be able to search for local services near to you.

You could also use the NHS 111 service to be directed to the service that would best suit your needs.

How Does The NHS Complaints Process Work?

The NHS Constitution gives every patient the right to complain about any aspect of its care. If you would like to make a complaint about your treatment, the NHS has offered guidance on doing so. To make a complaint you can:

  • Speaking to the staff at the place where you received treatment
  • Contacting the Patient Advice and Liaison Service
  • Getting in touch with NHS England for complaints relating to GPs, opticians, dentists or pharmacies
  • Contacting the local CCG (Clinical Commissioning Group) for complaints about care at a hospital, out of hours services, mental health services, 111 or community services such as district nurse care

The NHS advise you to complain within 12 months of an incident. If you are not satisfied with the response to your complaint, you could take your case to the Parliamentary and Health Service Ombudsman. If you’d like free legal advice on whether your complaint could lead to compensation, please contact our team. We’d be happy to offer you guidance and support.

No Win No Fee Claims For NHS Walk-In Centre Medical Negligence

If you would like to begin a claim for NHS Walk-in centre medical negligence, you might prefer to have a medical negligence solicitor take care of all the legalities of your claim. If you’re worried about paying legal fees, you might be pleased that some solicitors work under No Win No Fee terms. In such cases, you wouldn’t pay any legal fees until your compensation payout comes through. You would only pay your solicitor a success fee if they arranged a compensation payout for you.

How Do No Win No Fee Payment Arrangements Work?

Your solicitor will send you a Conditional Fee Agreement detailing a success fee as a small percentage of your eventual payout. It would also be capped and only payable if compensation is achieved.

Once you sign the agreement, your solicitor would be able to begin the claims process for you. They would approach the liable party and try to negotiate a payout for you. If the liable party disputes or refuses your claim, your solicitor could help you take the case to court.

When your payout comes through, your chosen medical negligence solicitor will deduct the agreed success fee, and you’ll benefit from the balance. If, for some reason, your case fails, you won’t pay your solicitor’s success fee, or their costs. We have produced a guide that explains more about these terms. If you have further questions, we’d be happy to answer them; all you need to do is call us.

Get In Contact With Us

If we think you could have a valid claim for medical negligence compensation, we could connect you with a personal injury solicitor to get you started on your claim. To get in touch, simply:

Related Clinical Negligence Claims Guides

Care Home Death Negligence Claims – You can read about the types of cases that could lead to someone claiming for a care home death here.

Claiming With A Pre-existing Condition – If you have a condition that has been exacerbated by NHS Walk-in centre medical negligence, this could be useful to you.

Hospital Acquired Infection Claims – If you’ve acquired an infection from a healthcare facility, this guide could be helpful.

Clinical Negligence Scheme For General Practice – Here, you can read about the state indemnity scheme for general practice claims.

Clinical Negligence Coronavirus Scheme – You can read about NHS Resolution’s scheme aiming to meet liabilities arising from healthcare arrangements due to coronavirus here.

NHS Resolution Annual Report – You can view NHS Resolution’s annual report here.

Clinical Negligence Statistics

According to NHS figures from 2020, there were 11,682 new claims made in 2019/20. For a breakdown into the speciality please see the graph below.

FAQs About Medical Negligence

Can You Sue The NHS For Negligence?

In general terms, you’d need to demonstrate that you were owed a duty of care, and a breach of that duty led to you suffering harm you would not have otherwise experienced. Also, you would have to prove that a medical professional of the same standard would have acted differently and harm would not have been caused. You would need to also claim within the relevant medical negligence claims time limit. We should also mention that you could claim on behalf of a child you’re responsible for.

How Much Does Medical Negligence Cost The NHS?

According to media reports, the NHS faced paying £4.3 billion in legal fees, in settlement of outstanding clinical negligence claims. According to a Freedom of Information request, the organisation receives more than 10 thousand new claims per year. Estimates published from 2019 totalled costs of outstanding cases was a staggering £83 billion.

Source: https://www.bbc.co.uk/news/health-51180944

What Is The Average Payout For Medical Negligence UK?

Each medical negligence case is different. Compensation awards for NHS walk-in medical centre negligence could vary significantly.

Who Can Use An NHS Walk-In Centre?

If you sustain a minor injury, or fall ill, and cannot get an appointment with your doctor, or are away from home, you could use an NHS walk-in centre. You could also use one if you aren’t registered with a GP. Some walk-in centres are staffed solely by nurses, while others allow access to GPs.

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Published by AL.