Understanding Medical Negligence

Medical negligence occurs when a healthcare professional fails to provide the standard of care expected, resulting in harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. If you have suffered due to medical negligence, you may be entitled to compensation to cover medical expenses, loss of earnings, and other related costs.

Types of Medical Negligence Claims

1. Misdiagnosis: Receiving an incorrect diagnosis or delayed diagnosis, leading to incorrect or delayed treatment.
2. Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
3. Medication Errors: Prescribing or administering the wrong medication or incorrect dosage.
4. Birth Injuries: Harm caused to the mother or baby during childbirth due to improper care.
5. Hospital Negligence: Poor hygiene or lack of supervision resulting in infections or injuries.
6. Dental Negligence: Errors made during dental procedures, leading to injury or infection.
7. Mental Health Negligence: Failure to properly diagnose or treat mental health conditions, leading to deterioration or harm.

How to File a Medical Negligence Claim

1. Seek Medical Attention: Prioritise your health by getting treatment to address any harm caused.
2. Collect Evidence: Gather medical records, prescriptions, photographs of injuries, and written accounts of your experience.
3. Consult a Specialist Solicitor: Legal experts in medical negligence can evaluate your case and guide you through the process.
4. Submit a Formal Complaint: Often a required step before proceeding with legal action, especially within the NHS.
5. File the Claim: Your solicitor will compile evidence and present the case, usually to a medical negligence panel or through legal proceedings.

Potential Compensation for Medical Negligence

• Medical Costs: Covering treatments, surgeries, and rehabilitation.
• Loss of Earnings: Compensation for income lost during recovery.
• Pain and Suffering: Acknowledging both physical and emotional impact.
• Ongoing Care Needs: Funds to support long-term medical care or adjustments at home.
• Psychological Impact: Compensation for mental distress resulting from negligence.

Challenges in Medical Negligence Cases

• Proving Causation: Demonstrating that the healthcare provider’s actions directly caused the harm.
• Expert Testimony: Medical experts must support the claim by proving a breach of duty.
• Time Limits: Generally, claims must be made within three years from the date of injury or when the harm was first realised.
• Healthcare Defences: Providers may argue that harm was due to pre-existing conditions or unrelated factors.

Important Disclaimer

This page provides general information and should not be considered legal advice. Always seek guidance from a qualified solicitor when dealing with medical negligence claims.