Medical Negligence

What is a Medical Negligence Claim?

A medical negligence claim is a legal process where a patient seeks compensation for the harm caused by substandard care from a medical professional. This can involve medical mistakes in diagnosis, treatment, follow-up care, or overall health management.

Whether the fault lies with a private medical practitioner or NHS negligence, if the care provided is less than acceptable and leads to an injury or worsening of a medical condition, you may be able to bring a medical claim.

Compensation can help cover medical expenses, loss of earnings, pain and suffering, and other related costs. Medical compensation is designed to assist in your recovery and help you rebuild your life.

Individuals must bring medical negligence cases within three years of the incident or three years from discovering the issue. Those under 18 have until their 21st birthday to bring a claim. Despite this, acting as quickly ensures the best chance of success.

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Types of Road Traffic Accident

Medical negligence claims can arise from various situations, including:

Wrong Diagnosis or Delayed Diagnosis

A wrong diagnosis or delayed diagnosis happens when a healthcare provider fails to accurately identify a medical condition within a reasonable time. This can lead to unnecessary or delayed treatment, worsening the patient’s condition and causing additional pain.

For instance, misdiagnosing a serious illness like cancer may prevent the patient from receiving critical early treatment. This allows the condition to progress and complicates recovery, ultimately impacting their overall health and quality of life.

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Surgical Errors

Surgical errors involve mistakes made during surgery, such as operating on the wrong body part, leaving instruments inside the patient, or performing unnecessary procedures. These errors can lead to severe complications, including infections, prolonged recovery, and additional surgeries.

The physical pain, emotional distress, and financial burden caused by these mistakes can be significant, often requiring extensive medical intervention to address and correct the harm done.

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Medication Errors

Medication errors occur when the wrong medication or dosage is prescribed, or harmful drug interactions are overlooked.

For example, receiving an incorrect dosage or medication could cause severe side effects or worsen the patient’s condition. These issues compromise the effectiveness of treatment, potentially leading to additional health complications and requiring further medical attention to resolve.

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Birth Injuries

Birth injuries involve harm to the mother or baby during childbirth, often due to clinical negligence. This can stem from errors in prenatal care, labour, or delivery.

Cerebral palsy, for example, may occur if the baby suffers oxygen deprivation during delivery. Similarly, physical injuries may arise from improper use of delivery instruments. These injuries can cause lasting problems, requiring continued medical care and creating emotional and financial difficulties for the family.

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Frequently Asked Questions

Your questions, answered.

Can I make a claim on behalf of someone else?

Yes, you can make a claim on behalf of someone else if you are a family member or carer. This is possible if the person is under 18, lacks the capacity to make a claim, or has died due to the negligent treatment.

Can I access my medical records?

Yes, you have the right to access your medical records. You can request them from any medical institution you have visited, including your GP, hospitals, and other care providers. This is important for reviewing your treatment and supporting your claim.

Do I need to make a formal complaint before making a claim?

No, a formal complaint is not required before filing a claim. However, if you have already complained, we will need to review the response. If you wish to make a complaint, follow the process outlined by the medical institution or consult NHS Patient Advice & Liaison Service (PALS) if applicable.

How can I fund my medical negligence claim?

You can fund your claim through various methods: a no-win, no-fee agreement, private funding, or legal expenses insurance. We will discuss these options with you to find the most suitable method for your case.

How can I prove medical negligence?

To prove medical negligence, you need to show that the healthcare professional owed you a duty of care, failed in that duty, and that this failure caused you harm. You must also demonstrate that this harm led to physical injury, psychological trauma, or financial loss, such as lost earnings. Expert medical evidence is often required to support these claims.

What compensation will I receive?

Compensation in medical negligence cases generally includes general damages for the injury itself and special damages for financial losses such as lost earnings, additional medical costs, and care expenses. We will assess your losses and advise you on the potential compensation you may receive.

What is medical negligence?

Medical negligence occurs when a healthcare professional fails to meet the expected standard of care, leading to harm. This can include incorrect or delayed diagnoses, inappropriate medication durations, or errors during medical procedures. If the care provided falls below the standard and results in worsening your condition or injury, it may constitute medical negligence.

What is the time limit to make a claim?

Generally, you must start your claim within three years of the incident or from when you discovered the injury. For children, the three-year period begins when they turn 18. If the affected person lacks the capacity to make decisions, the limit starts when they regain that capacity. Claims under the Human Rights Act must be made within one year. Acting quickly is advisable to ensure evidence and witness recollections are preserved.