What is medical negligence?
All medical professionals, whether doctors, nurses, physiotherapists or healthcare assistants, owe a duty of care to their patients. If their treatment falls below the relevant standard of care, resulting in injury or loss, this is called medical negligence (often referred to as clinical negligence).
The same rules which govern medical negligence claims apply in both the NHS and where treatment is provided by private healthcare facilities.
For a medical negligence claim to be successful, it must be shown that there was a breach of that duty of care; that it has caused or contributed to the injury that the patient in question suffered. If you feel that you, or a member of your family, are a victim of clinical negligence, then it is important to speak with a solicitor as soon as possible.
What are the different types of medical negligence?
Medical negligence can take on several different forms, including the following:
- Surgical errors during an operating procedure
- Prescription errors, including prescribing medication or the wrong dosage
- Offering incorrect or inappropriate treatment
- Misdiagnosis, or delay in diagnosis, e.g. cancer
- Undue delay in providing appropriate treatment
- Failure to provide the correct treatment
- Failure to provide sufficient information to allow a patient to make informed consent relating to treatment before proceeding
- Dental negligence claims: dental surgical mistakes and failure to provide appropriate long-term dental care and management
- Mistakes made during pregnancy and birth by falling below the appropriate standard of care
A medical professional can cause further injury or harm to the patient, which can even endanger the lives of those patients. It is extremely important to report any concerns or incidents as soon as possible. Our solicitors can advise in reporting matters and making complaints to the relevant healthcare provider where appropriate.
How long do I have to report medical negligence?
Medical negligence claims usually have to be brought within three years of the negligence causing the injury. Or, claims can be brought three years from when it would reasonably have been expected that a patient would have known a potentially negligent treatment causing injury.
Will I need to go to court for a medical negligence claim?
Most medical negligence claims settle by negotiation before they go to trial.
Our team will ensure that the claim is progressed properly and prepared with care and accuracy so that it has the best chance of success if it goes to court.
We will always seek to settle a matter by negotiation on the best terms for the client where this is possible.
Will I need medical evidence to support my claim?
In almost all cases, medical evidence will be needed to support and bring a successful conclusion to a claim. We will always ensure that the most appropriate medical experts are instructed.
We can arrange an insurance policy that will provide the client with an indemnity regarding the costs associated with that expert medical evidence to provide peace of mind.
Providing as much information and evidence as possible will assist in resolving your claim expeditiously.