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What Is Medical Negligence?
Medical negligence is defined as a deviation from professional standards that results in harm that was otherwise avoidable.
Independent regulators such as the General Medical Council or the Royal College of Nursing put into writing what is expected of medical professionals.
Medical malpractice could occur in many different ways, including, but not limited to, the below:
- A medication error. Medical negligence claims have been known to come about because patients received the wrong medication or the wrong dosage due to a mix-up at the pharmacy. This could mean that a patient’s condition gets worse, they suffer an adverse reaction, side effects of the wrong medication, an overdose or an allergic reaction.
- Negligent Misdiagnosis. Doctors have a certain skill set and should be able to recognise the symptoms of different conditions. If a patient is showing clear signs of an illness or disease that the doctor fails to identify with when it was reasonable to expect them to do this could mean a negligent misdiagnosis takes place. A patient who is misdiagnosed is not provided with the treatment they need, which in turn allows their condition to worsen.
- Birth Injuries. The midwife fails to identify when a baby in the womb is in distress. Due to this the doctor is not notified. The baby is delivered, not breathing, and is resuscitated. Due to this birthing error, the child is left with cerebral palsy.
- Negligent Surgery. Surgical negligence claims could, therefore, be made for issues such as the wrong part of the body operated on, the wrong limb amputated, or the wrong patient.
If you’ve suffered medical negligence, you could have a valid claim. Just get in touch now to learn how a specialist medical negligence solicitor from our panel could help you pursue compensation.
What Are The Eligibility Criteria For Medical Negligence Claims?
Medical professionals go through many years of education and training to be qualified in their profession. Due to this, there is an expectation of what they can provide to their patients. Doctors, nurses, pharmacists and surgeons are all examples of medical professionals. When treating a patient, they owe them a duty of care, which means their treatment must meet the correct standard.
Medical negligence claims can be made if the following criteria are satisfied:
- A medical professional owed a duty of care.
- They breached their duty by failing to provide care to the correct standard.
- This breach led to the patient suffering avoidable harm.
The term ‘avoidable harm’ is important here. A claim cannot be made if you weren’t harmed, even if you received negligent treatment. Furthermore, as a patient may sometimes be harmed in the course of corrective or life-saving medical procedures, it must be shown that injuries sustained were entirely unnecessary.
If you’re not sure whether you are able to make a medical negligence compensation claim, please call today and an advisor can give you a helping hand. They can assess your case for free in a consultation and possibly connect you to medical negligence lawyers.
Learn More About Claiming Compensation For Medical Negligence
Can I Claim If I’ve Received Private Medical Treatment?
Private healthcare is different in some ways from public healthcare, in that patients pay for services that providers like the NHS would offer for free. Some people use private services for shorter wait times but medical errors can happen anywhere.
A private healthcare professional has the same duty of care as a public medical professional. All healthcare providers or practitioners must provide the same standard of care whether they work in the public or private sector. If you have suffered harm because a private facility or a doctor working in a private hospital breached the duty of care they owe to you, you could make a claim if you have suffered harm as a result.
For more information about suing private hospitals or clinics with the expert support of No Win No Fee medical negligence solicitors, please call any time.
Is There A Time Limit In Medical Negligence Claims?
The typical time limit for submitting medical negligence claims is three years. The Limitation Act 1980 sets out this deadline. However, the starting point may not be the same in different medical negligence cases.
It is not always clear when medical negligence has taken place, so it can be difficult to pinpoint a starting date for the time limits. That is why, for these types of cases, there is also a date of knowledge starting point. This refers to the time when you did, or you would have been expected to realise that the harm you suffered happened because of a breach in the duty of care you were owed.
There are also exceptions to the time limitations for those who lack the mental capacity to start a medical negligence claim or for those who are considered minors, under the age of 18.
If you want to learn more about time limits for medical negligence claims, please give us a call. We can check how long you have to get started and if a medical negligence solicitor from our panel could help you submit your compensation claim.
Can I Make A Medical Negligence Claim On Someone Else’s Behalf?
Sometimes, clinical negligence cases are pursued by someone other than the affected person.
For example, you could step in if the affected person is younger than 18, as they cannot start a claim for themselves. A litigation friend can be appointed by the courts to do it for them, but if that doesn’t happen, the normal time limit starts once they turn 18 and can legally make their own medical negligence claim.
A litigation friend could also claim on behalf of someone who lacks the mental capacity to claim. Their time limit is paused indefinitely. If the injured person has not had a claim started for them and they recover, they have three years from their recovery date to start legal proceedings.
Furthermore, a fatal medical negligence claim can be pursued by the deceased’s estate. The clinical negligence claim could reflect both the deceased’s pain and suffering and the impact the death had on their loved ones. The time limit is generally 3 years from the date of the passing, but again there are exceptions.
Our panel’s clinical negligence solicitors can help you secure financial compensation on behalf of someone other than yourself. Just get in touch online if you want to learn how.
How Do I Prove Medical Negligence?
Evidence is a crucial part of medical negligence claims. You must be able to prove medical negligence by showing how a medical professional owed you a duty of care and then caused you avoidable harm by failing to give the right standard of medical treatment.
Among the forms of proof you could submit are:
- Documents that highlight which medical staff members were tasked with your care. Collect the name of any medical practitioner who gives you treatment, plus the location of the facility.
- A personal record of your treatment and symptoms, such as a diary.
- Medical records. This could include copies of your doctor’s notes to determine why certain action was taken. Notes and test results like X-rays can also highlight the effects of negligent treatment. You have the right to request a copy of your health records from your healthcare provider.
- Witness contact details.
You will be asked to attend an independent medical examination during the claim. The outcome of this assessment will be added to the evidence.
Potentially, your care might be subject to the Bolam Test, where a panel of relevantly trained medical professionals decide whether the level of care provided was sufficient. However, this is not always required for a medical negligence claim.
If instructed, a solicitor can help you gather evidence and arrange for any required independent assessment. Learn more about the support that can be provided by our panel’s medical negligence solicitors today by getting in touch.
What Can Contribute To My Medical Negligence Compensation Payout?
Medical negligence compensation may consist of up to two heads of claim. The primary head is known as general damages. This aims to compensate for the pain and suffering caused by injuries resulting from negligent care.
Those working out the value of injuries during medical negligence claims might look at the Judicial College Guidelines, which is a document containing guideline compensation brackets for the different ways a person can be physically or mentally harmed. They may also refer to medical evidence.
The secondary head of claim is called special damages. If you suffer financial losses because of your avoidable injuries and have the documents to prove it, you could potentially receive compensation for those losses as part of your settlement. For example, you could use payslips, bank statements or receipts to seek compensation for:
- Medical bills.
- Travel expenses.
- Domestic care fees.
- A loss of earnings if your injuries cause an inability to earn.
Call today to discuss what compensation you could seek in a medical negligence claim. Our advisors can give you an idea of how much compensation you could receive in a successful claim.
Do I Need To Go To Court To Receive Medical Negligence Compensation?
It might be assumed that a medical negligence claim has to go to court and be decided by a judge. However, the truth is that most cases don’t need to go to court. Claims are likely to be settled outside of court.
Our panel of No Win No Fee solicitors specialise in resolving medical negligence claims, so please call if you want to learn more about how they can help.
Can I Claim Compensation On A Win No Fee Basis?
Calling our medical negligence team gives you a chance to learn whether you have reasonable grounds to make a claim. If you do, you could be connected to one of our panel’s expert medical negligence solicitors.
The solicitors from our panel have decades of combined experience and a proven track record in handling medical negligence claims. Working with them would mean you can seek legal advice any time and have constant updates and support from a knowledgeable professional throughout the claim process.
Another benefit of instructing a solicitor from our panel to work on your medical negligence case is that they’ll provide their services under a No Win No Fee agreement. The specific deal they offer, comes under a Conditional Fee Agreement, and guarantees no fees for their work:
- At the start of the case.
- During the claims process.
- After a case where you fail to receive compensation.
A success fee will be due if the claim wins. Only a small percentage of the compensation awarded to you will go to the solicitor, however. The Conditional Fee Agreements Order 2013 sets a legal cap on the percentage that can be set aside for a solicitor.
Why not get in touch and learn more about working with our panel of medical negligence experts today? For free guidance on making a medical negligence claim write to us about your claim online so we can call you.
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