Ambulance Negligence Compensation Claims Solicitors

How much compensation can I claim for medical negligence caused by the ambulance service?

The amount of compensation you can get for an ambulance service claim could range from a few thousand pounds for illness or injury which is temporary with a quick recovery time, up to hundreds of thousands for cases involving permanent disabilities or life changing illnesses.

In all cases the final compensation payment will consist of general damages and special damages.

General Damages

General damages in ambulance service claims are paid to compensate for the physical and psychological pain and suffering you’ve been put through. They will also include an amount for ‘loss of amenity’, which means:

• Not being able to pursue hobbies and interests
• Not being able to enjoy everyday activities such as playing with your children
• Not being able to work at a job you’d previously enjoyed

General damages will be calculated with reference to the Judicial College Guidelines, a publication which sets out payment ranges for specific injuries. The injuries or illness involved in an ambulance service claim could be anything from cuts and bruises to a life-changing disability.

Special Damages

Special damages paid for an ambulance service compensation claim are meant to reflect the financial impact of any illness or injury. They will compensate for any loss of earnings or pension provision if you are no longer able to work as you did.

Special damages also cover any expenses you have which can be directly linked to your illness or injury. Examples of expenses you could claim for include:

• Cost of medical treatment due to the ambulance service negligence now and in the future
• Costs of care requirements now and in the future
• Costs of adjustments made to your home or vehicle to allow for your injury or illness
• Costs of any specialised equipment needed because of your injury or illness, such as mobility aids
• Costs of travel to and from medical appointments relating to your ambulance service claim
• Costs of any therapy or counselling needed because of your injury or illness.

What is the process when making an ambulance negligence claim?

We understand that making a compensation claim following illness or injury can be a daunting and stressful prospect. We make things easier by offering tailored, one to one support throughout, and breaking the claim process itself down into simpler individual steps:

If you think you’ve been treated negligently by the ambulance service contact us today. We offer a free initial consultation during which we’ll listen to the details of the case and explain whether we think you could be eligible for compensation.

If we think you’ve been the victim of ambulance service negligence we’ll start the process of making a claim for compensation. Initially, this will involve taking a detailed statement from you setting out your experiences with the ambulance service and how your treatment fell below reasonable standards.

We’ll gather the evidence to support your claim, set out in detail in the next section.

We’ll inform the other party, which will usually be an NHS trust, of the fact that you intend to seek compensation. In the majority of cases the evidence we present, allied to our strong track record of successfully handling medical negligence cases, is enough to persuade the other party to admit liability.

If liability is admitted we’ll negotiate a compensation settlement on your behalf. Our experience and expertise means that we know exactly how much compensation you could be entitled to given your individual circumstances.

In some cases, liability is established but agreeing compensation takes longer, particularly if your on-going care and medical needs are complex. In cases such as this we will apply for interim payments to help with costs such as medical and care bills until a final agreement can be reached.

In a small minority of cases it is not possible to reach an agreement and the claim has to be settled in court. If this happens we will be by your side throughout, arguing on your behalf and presenting the strongest possible case.

Throughout the claims process we offer empathetic support alongside legal expertise. We know how stressful claiming compensation can be, and we do our best to handle that stress on your behalf, leaving you free to concentrate on getting your life back on track.

What evidence do I need to make a claim for negligence from the ambulance service?

The evidence required for an ambulance negligence claim will need to show the following:

• You were owed a duty of care by the ambulance service
• The ambulance service and/or paramedics failed in that duty of care and fell below a reasonable standard
• As a result of this failure you suffered an illness or injury, or had an existing illness or injury made worse

The kind of evidence we’ll collect to make your ambulance service claim will include the following:

• Your own personal statement setting out the way you were treated by the ambulance service, what impact it had on you and how your life has been affected
  Statements from any witnesses who accompanied you in the ambulance or have seen how the negligence has impacted you
• The results of a medical examination carried out by an expert of our choice. This will establish the nature and severity of your injury or illness, and the prognosis for any future recovery
• Your medical records, particularly those detailing any injury or illness caused by the ambulance service negligence, and records setting out your general health before the negligence happened
• Call logs relating to the ambulance service, particularly if your claim refers to delayed arrival
• Photographic evidence of any physical injuries caused by negligent treatment where relevant
• Evidence of the financial impact of your illness or injury, including bank statements, wage slips, bills for care or medical treatment and receipts for any directly related expenses
• Copies of any correspondence with the NHS, particularly if you have already made a formal complaint

Our team of medical negligence experts will guide you through the process of establishing what evidence is needed to support your claim, and take steps such as applying for copies of your medical records. We pride ourselves on doing the hard work of building the most comprehensive claim possible so that you don’t have to.

How long do I have to make an ambulance negligence claim?

The time limit for making an ambulance negligence claim is 3 years after the date on which the negligence took place. In some cases the 3 years might be dated from when you became aware of the negligence causing an illness or injury, such as when a condition caused by ambulance service negligence is diagnosed.

Exceptions to the 3 year time limit include the following:

• You were under 18 at the time, in which case the 3 years will run from your 18th birthday to your 21st
• You lack the mental capacity to start a claim during the 3 years, in which case the time limit will run from the date on which you regain your mental capacity

Despite the 3 year limit we would always recommend starting an ambulance service claim as soon as possible after the incident itself. The sooner you start the claim the fresher the details will be in your memory, and the sooner you’ll get any compensation you might be entitled to.

Who can make an ambulance negligence claim?

You can make an ambulance service claim on your own behalf provided you meet the criteria of having been injured or made ill as a result of treatment which fell below a reasonable standard. In some circumstances it is also possible to claim on behalf of another person.

You can make an ambulance negligence claim on someone else’s behalf in the following cases:

The person in question is younger than 18 – a parent or responsible guardian can act as a litigation friend and make a claim on behalf of a child, acting at all times in their best interests

The person in question has diminished responsibility – you can act as a litigation friend for someone who doesn’t have the capability of making a claim on their own behalf

What are the most common types of ambulance negligence claims?

Any circumstances in which the treatment provided by the ambulance service falls below the reasonable standards you expect could lead to injury or illness. Common reasons for ambulance negligence claims include the following:

A delay in the ambulance arriving, causing a worsening of your condition. This could be the basis of an ambulance service claim if there is no reasonable explanation for the delayed arrival, and if the response time falls short of what is expected for the category of emergency call.

Lack of equipment in the ambulance, such as oxygen tanks, defibrillators and medical supplies. Ambulances should be fully equipped at all times and checked before going out.

Poorly trained paramedics. If the paramedics treating you make poor decisions around diagnosis and treatment because they haven’t been trained properly this could amount to negligence on the part of the ambulance service.

Misdiagnosis of your condition could mean that administering the treatment you need and providing proper care is delayed. Neglect could involve failing to take the correct action urgently in order to prevent harm.

If the wrong medication is administered by paramedics, or the wrong dosage of medication, it could have serious consequences. If the medication you are given is wrong and causes you harm this could be the basis of a claim for compensation.

Causing injury through poor lifting techniques while moving you in and out of the ambulance.

These are just a few examples of the kind of incidents which could form the basis of ambulance service claims. If you feel that the treatment you received from the ambulance service failed to meet the duty of care you’d reasonably expect in any way then contact us with the details.