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What Is Classed as Medical Negligence?

Your medical treatment and management, by law, includes a duty of care administered by a medical expert, whether it be a doctor, surgeon or dentist. Medical negligence is when this medical professional has breached their legal duty of care owed to the patient. Medical negligence claims are different from personal injury claims in that the claimant is required to prove two key elements: that a medical professional failed to carry out their duty of care and that the injury caused was avoidable.

While the vast majority of healthcare professionals and medical institutes will provide the best possible care, negligence does happen, whether it is through misdiagnosis, lack of communication, bad practice or a surgical mistake.

Basics of Negligence

Negligence is a legal term which describes the failure to provide ethically ruled care which is expected in specific circumstances. Imagine a driver who gets into an accident while on the highway. The driver may be held responsible for the injuries and damages suffered by other parties, if he is deemed to have breached their legally ruled duty to obey traffic laws and drive responsibly.

For instance, if the driver fails to stop when the traffic light turns red, the driver is deemed negligent in the eyes of the law. If the violation of a traffic law causes an accident, then this negligent driver will be expected to cover the damages caused to other parties, including pedestrians, passenger and other drivers.

Like drivers, when medical professionals fail to meet the expected standards of their duty of care to their patients, they may be deemed to have acted negligently. So, medical negligence happens when a doctor, surgeon, dentist, nurse or any other healthcare provider performs their duty in such a way that is contrary to the accepted medical care. If a medical professional provides treatment that falls below the accepted standards of medical care under the circumstances, then he or she has acted negligently.

Do I Have a Medical Negligence Case?

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The specific circumstances under which a victim sustained an injury will determine whether there is a medical negligence case. Despite the advancements in modern medicine, injuries and fatalities are still common in hospitals, and they are not necessarily due to negligence. Infectious disease outbreaks could lead to the loss of life, and may be the result of negligence, but this is not absolute.

While you would be well within your legal right to file a complaint, this does not mean medical negligence. However, if you are to make a formal complaint for medical negligence, you must keep in mind that you have 3 years from the time the incident occurred. If there was a fatality, your 3-year time limit begins from the date of death. If you were a child at the time of the incident, you will be eligible to make a claim from your 18th birthday – which means the 3-year time limit runs out when you turn 21.

What Constitutes Medical Negligence?

It is important that you understand what legally constitutes medical negligence, as this will help   determine if you have a case, and whether speaking to a medical negligence solicitor may be worth your while. Here are some common forms for medical negligence – and actions that could be grounds for a claim.

  • Birth Injury

The agony of hurt coming to your baby is one a parent wouldn’t even contemplate, but this is what some have to face. Though not all birth related injuries are fatal, some can be regrettably life changing. Claims for birth injury include cerebral palsy, episiotomy, uterine rupture, hip dysplasia, wrongful birth, forceps delivery, etc.

  • Surgical Negligence

Though mistakes leading to life changing consequences occur occasionally, it is important to note that the NHS performs millions of operations each year, with huge success. Common grounds for surgical negligence claim may include poor surgical performance, operating on the wrong part of the body, performing the wrong operation, foreign objects left inside the body and organ perforation during surgical procedure.

  • Misdiagnosis

The pressures GPs and other healthcare providers experience is barely ever outside the spotlight. This is simply because the strain they are under leads to even more misdiagnosis. According to the Daily Telegraph in 2009, misdiagnosis went up as high as 1 in 6 patients. In 2015, the Daily Mail reported that the NHS lost about £4 million a week as a result of compensation for misdiagnosis.

Whether these statements are true or not is up for debate, but one thing is certain: a large number of medical negligence cases stem from misdiagnosis. Common grounds for making a misdiagnosis claim include:

  • Failure of a medical professional too refer a patient to an appropriate specialist in time.
  • Failure to correctly interpret scan and test results.
  • Incorrect diagnosis – whether this leads to incorrect treatment or not.
  • Failure to conduct scans, X-rays and investigations when necessary.
  • Failure to properly identify a condition or ailment.

Harm and Causation: Making Your Medical Negligence Claim

At the court of law, you will be required to demonstrate that ‘but for’ the action of the medical professional, the victim would have been free from harm. Healthcare providers rarely work alone, making it difficult to establish the cause of harm in relation to a specific treatment or procedure. For instance, paralysis following the repair of an aortic aneurysm can occur as a result of epidural analgesia or even the surgery itself.

Inability to establish causation has led to the failure of many medical negligence claims, as there are often a range of possible explanations for the end result. However, if you can demonstrate that the healthcare provider’s breach of duty has contributed to the injury or it is more likely that the injury was due to negligent care than other factors, then you can make a successful medical negligence claim.

In the absence of reasonable explanations for an outcome, there could still be light at the end of the tunnel. The principle of ‘res ipsa loquitur’ (literally translated as ‘the thing speaks for itself’) can be employed. For instance, if a foreign object is found in the abdomen after a surgical operation, it can only be assumed that there was negligence. This principle also applies when an operation is performed on the wrong spot. In these cases, it is assumed that the causation has been established unless the defendant is able to provide another reasonable explanation.

Medical negligence is a 3-way street: a healthcare provider owes the patients a duty of care, there was breach of that duty, and the patient suffers injury as a result. All parts of this test must be satisfied for a case to be classed as medical negligence.

How Do You Know If You Have a Medical Negligence Case?

If you are unsure about whether you have a medical negligence case after an injury, you are not alone. Many people are faced with the same dilemma. While some medical negligence cases are pretty straightforward, others can be complicated by issues bothering on informed consent, among other legal and medical obstacles.

This article discusses the major factors that determine whether or not you can file a claim for medical negligence.

Does a Bad Outcome Equal Medical Negligence?

Modern medicine and technology are affording people healthier and longer lives by providing treatments for ailments that literally had no cure in the past. However, this is no guarantee that a particular treatment or procedure cure a patient’s health issue. In fact, despite the best efforts of a medical professional, medical procedures can still go wrong.

Sometimes, it is impossible to foresee complications arising from the use of routine procedures. Truth is, if medical practitioners were held liable each time there are undesirable results, medical practice will be nearly impossible with the constant legal battles that ensue.

When Does Medical Negligence Actually Occur?

Medical negligence happens when there is failure on the part of a medical professional to provide treatments and procedures that meet the standard care expected of a reasonably skilled and competent healthcare professional, with a similar qualification, would have provided.

If the above definition feels complex for your situation, that is because it is. In most medical negligence claim cases, both parties are required to hire the services of “expert witnesses” to explain to the jury what standard of care was expected of the medical professional, and whether this care was provided or not.

These expert witnesses must be experienced in the field they are testifying to the jury about. Still, asides clear-cut cases, trying to predict whether a healthcare professional acted negligently in the eyes of the law can be tricky, as there is no straightforward formula since the jury has to decide after listening to the expert witnesses on both sides.

If you are still trying to determine whether or not you have a medical negligence case, one of your best options is to reach out to a doctor who can honestly assess your doctor’s performance. If you do not have this kind of access to a doctor willing to take risks in a case tending towards character assassination, your next best bet is working with a reputable plaintiff’s medical negligence solicitor.

Common Ways a Doctor Negligently Breaches Duty of Care

There are a few clear-cut cases where the average person knows that a medical professional has acted negligently. These include:

  • Failure to inform a patient about the significant risks associated with a treatment or procedure with over 5% of occurrence.
  • Lack of informed consent in a non-emergency procedure.
  • Operating on the wrong spot or even the wrong patient.
  • Missed or delayed diagnosis.

What Are Your Chances?

If you are a potential medical negligence claimant, it is only ideal that you try to know your chance of winning your case beforehand. The facts of the situation you face are already constant; you did not create or choose your preferred medical negligence case. So, forming an objective list of the type of medical negligence cases in which you have high chances of winning will do little to help, when it is only your potential claim that matters to you.

That said, the types of medical negligence cases that give you huge winning chances are those in which the issue of fault is clear and cannot be disputed. In this case, the patient must have been injured as a result of a situation that should have been avoided.

But on the flip side of the coin, it is much tougher to come out victorious is a medical negligence case where the patient has clearly suffered an injury, but the defendant’s liability presents a tricky prospect. Remember that medical negligence does not occur just because a patient ends up with an unfavorable outcome from the treatment. In medical negligence cases in which both parties have conflicting opinions on the liability, the winner typically comes from the side with the medical expert witness who has presented a better case before the jury.

The Role of Statue of Limitations in Strong Medical Negligence Cases

In order to protect healthcare professionals from excessive legal cases and manage the costs of medical liability insurance, certain rules are enforced for medical negligence cases. The shortened nature of “statue of limitations” is, by a mile, the rule that impacts most cases. For instance, your case may be thrown out the court’s door if the negligent act occurred, say, four years ago, even if you only discovered its impact much later.

Your Role in A Medical Negligence Case

As part of a litigation process, it is your duty to prove that you are entitled to a compensation. This means that you are able to establish each element of the claim by providing superior evidence. The elements that a claimant must establish in a medical negligence case include:

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  • Doctor-Patient Relationship

The claimant must be able to demonstrate that there was a doctor-patient relationship. While this may feel like a pretty straightforward process, sometimes this aspect of a medical negligence case can be complex. If, for instance, a medical professional talked about a procedure to guests at a party and a patient applied the treatment based on those comments, he or she will barely be able to prove that a doctor-patient relationship existed. Even if the healthcare professional was consulted but did not directly apply such procedure on the patient, it may be impossible to prove that the requisite relationship did exist.

  • Proof of Negligent Care

As with every medical negligence case, the claimant must be able to demonstrate that the medical professional acted negligently. As noted above, medical injuries could arise as a result of other factors outside of the control of the healthcare provider. While negligence is apparent in some cases, you may be required to prove that a healthcare provider deviated from the duty of care in other cases.

  • Causation

Establishing causation in medical negligence cases can be especially difficult because most patients who seek treatment have an existing ailment. Hence, defendants in a medical negligence case typically claim that the patient suffered a pre-existing injury rather than one that was caused by the medical professional. Other factors also play a role in an injury, so even if a patient died while a medical procedure was administered, it can be difficult to determine whether the death would have occurred if there was no negligence on the part of the doctor. This aspect of a medical negligence claim is one that would need the assistance of a medical expert.

  • Damages

Even if the healthcare provider did act negligently, there would be no compensation if the claimant cannot prove that he or she suffered harm in some way. This, in legal jargon, is known as damages. Patients who have suffered injury may suffer damages that include extra medical costs to fix the damage caused by the negligence of the medical professional. It may also affect the earning capacity of the patient, and even cause pain and mental anguish. If the injured patient can establish these elements, he or she way want to make a claim for medical negligence.

  • Legal Analysis

If you have been injured as a result of negligent medical care, you may want to consult with a medical negligence solicitor. This type of lawyer can help you break complex legal terms down and advice whether you can establish the elements needed for a medical negligence case. A medical negligence solicitor may also be able to retain the help of a medical expert who can help strengthen the claim, and explain to the jury how the actions of the medical professional involved resulted in an injury.

It is important to note that even though large aspects of the claim will be based on the expert witnesses and evidence provided, having an experienced medical negligence solicitor means you have one who can help rebut the defendant’s testimony. Being able to negate the testimony of the other party plays a key role in the outcome of the case. It is very likely that the defendant will hire a solicitor who has experience in defending medical negligence claims. Having one in your team makes for a level playing field.

How Much Could My Medical Negligence Claim Be Worth

The effects of medical negligence can be frustrating and even catastrophic for a victim, especially if the injury sustained as a result of negligent care has completely disrupted your life. Medical negligence happens when a healthcare provider causes avoidable harm. When the duty of care owed a patient has been violated, you may be able to make a medical negligence claim. But how much could this claim be worth?

If you have been injured as a result of medical negligence and are unsure about the value of your claim, you are not alone. Victims are often in a dilemma when it comes to medical negligence claims because predicting exactly how much you will receive as compensation for your claim is impossible. It is common for victims and families to think that certain injuries attract specific compensation amounts, but in reality, the type and degree of injury, pain, recovery time and financial impact on the family are taken into account.

Keep in mind that even a medical negligence compensation calculator cannot provide perfectly accurate amounts since every case is unique. However, it can give you an idea about how much compensation you may receive for your case.

What Are the Specifics You Can Claim for in a Medical Negligence Case?

Before your medical negligence solicitor can tell you how much compensation to expect, they will gather relevant evidence needed to prove that the healthcare provider acted negligently, and this negligence has caused you injury. Payments for compensation are largely divided into two parts, and they are calculated separately.

  • General Damages

General damages consider the physical implications of your injury, that is, the degree of injury sustained as well as the pain and suffering you have endured. There are industry-wide guidelines that medical negligence solicitors and judges use to map out medical negligence compensation amounts for different injury types. The Judicial Studies Board (JSB) annually updates these figures to align with the most recent claims and compensations amounts.

However, legal and medical experts work with a compensation range when trying to work out claim amounts for victims. For instance, a person who has sustained a head injury can expect to receive in excess of £200,000, and possibly more, depending on the extent of injury and the impact on the victim’s quality of life. Whereas, one who has suffered minor injuries such as scarring or superficial burning may be able to claim no more than £5,000.

  • Special Damages

Special damages consider the financial impact on the life of the victim who has suffered medical negligence. In most cases, the victim may not be able to resume work for a period of time after the incident since he or she may need some time to recover fully. Special damage compensation is designed to cover the money lost within this period. These damages include cost of medication, travel cost to and from medical appointments, accommodation adjustment costs. The special damages list could also include many other financially related factors, depending on the case presented before the court. The goal of this compensation is to get the victim back to the life he or she lived before the incidence, ensuring they are as comfortable as possible.

Medical Negligence Compensation Claims Breakdown

reason for claim average compensation amount description
Chest Injury £66,000 to £100,000 Severe injury to the chest, lung or heart. This may lead to the removal of lung.
Brain Injury £185,000 to £265,000 Severe damage to the brain with little chance of recovery.
Pelvic and Hip Injury £51,000 to £86,000 Severe injury to the hip, back and internal organs, as well as recurring pain. Lifelong disability that may cause sexual dysfunction.
Shoulder Injury £12,500 to £32,000 Shoulder injury affecting the neck, leading to disability and restricted function.
Arm Injury £65,000 to £200,000 Amputation of one elbow below the arm or one arm above the elbow; amputation of one or both arms.
Hand Injury £30,000 to £130,000 Disfigurement or amputation of some fingers; loss of function. Loss of one or both hands.
Leg Injury £55,000 to £180,000 Amputation of an arm below the knee or loss of one leg above the knee. Amputation of both legs under the knee; total loss of both legs.
Ankle Injury £22,000 to £55,000 Pain and limited stability; soft tissue damage, ankle fracture disfigurement and potential vulnerability in future.
 

 

What Can You Claim if Death Occurs Due to Medical Negligence?

As is the case with any victim in a medical negligence case, compensation can be claimed for general damages, special damages, medical expenses, travel expenses, and when there is death, funeral expenses. However, trying to estimate the payout value for medical negligence cases involving death can be complicated. The following compensation guide table gives you an idea about what to expect in a medical negligence case, depending on the severity level.

While the figures in this guide are not cast in stone especially as they may not apply to your case, it helps you understand how certain medical conditions and certain levels of severity can impact the final compensation amount.

REASON FOR CLAIM AVERAGE COMPENSATION AMOUNT DESCRIPTION
Death (baseline) £12,000 to £300,000 An all-inclusive figure rolling different compensation types into one.
Death (unconsciousness after a brief period of awareness) £8,000 to £10,650 Severe injuries leading to full unconsciousness within 3 hours, and ultimately death within 2 weeks.
Death (unconscious death within a week) £1,050 to £2,125 Severe injury leading to sudden loss of unconsciousness, and death within a week.
Death (full awareness) £15,950 to £18,100 Full awareness of current condition despite severe injuries; death within 2 weeks.
Death (unconsciousness within 6 weeks) £6,400 Severe injury leading to a sudden loss of consciousness; death within 6 weeks.
Mental anguish £3,500 Mental stress, worry and trauma as a result of impending death.
Pain and suffering £1,000 to £200,000 Depending on the victim’s degree of suffering.
Loss of earnings £10,000 to £400,000 Compensation to cover the victim’s actual loss of earnings.
Punitive damages £1,000 to £275,000 Could be even higher in certain cases.
Loss of benefits £5,000 to £500,000 Compensation to cover the victim’s actual loss of benefits.
Funeral costs £3,000 to £10,000 Could be even higher in certain cases.
Loss of companionship and care for family members £2,000 to £100,000 Compensation to cover suffering endured; could be even higher in certain cases.

 

How to Claim Compensation for Medical Negligence?

Contacting a medical negligence solicitor is the first step in a successful compensation claim. The solicitor will help you determine whether you have a have the legal right to request compensation, and ascertain whether the negligence caused your injury.

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If there is ground to establish a medical negligence compensation claim, your solicitor will help you gather evidence to prove negligent care as well as demonstrate the impact the injury has had on your physical and financial life. Your solicitor will also notify the other party of your desire to request compensation so they can make their own findings and conduct research.

It is also the duty of your medical negligence solicitor to negotiate with the legal team representing the other party to ensure an agreement is reached on a fair compensation amount. If the other party refuses to accept liability or does not wish to compensate you appropriately, your solicitor may recommend that your claim be submitted to a court where the evidence from both sides can be reviewed by a competent judge, before a legally binding verdict is made.

When your compensation claim is successful, you also agree that you cannot request further compensation if, in future, the impact of the injury worsens or you believe you are now entitled to receive more value for your compensation claim. As a result, it is important that you speak with your medical negligence solicitor before you accept any compensation offer, especially if this offer was not made through your attorney.

As no two medical negligence cases are the same, the amount of tax charged on a compensation amount will depend on individual circumstances.

How Long Does a Medical Negligence Case Take?

Each medical negligence case is unique. As a result, the length of the claim process can depend on a range of factors, including whether the other party has admitted liability and the complexity of the claim case. Your medical negligence solicitor will advice guide you through the claim process, and further advice you on how long they think your claim case will take.

Which Types of Cerebral Palsy Can Be Caused by Medical Negligence

As an expectant parent, nothing brings you more joy than to have a happy and healthy baby. However, medical negligence during pregnancy and the delivery process may cause the newborn to develop cerebral palsy.

Cerebral palsy is a devastating health problem which often occurs as a result of low oxygen levels reaching the brain of an infant during labor or delivery. Regardless of how minor or severe the condition is, its impact on the child and parents is for a lifetime. While some newborns suffer cerebral palsy through no fault of anyone, about 10% of infants born with the condition develop it due to medical negligence.

What Is Cerebral Palsy?

Cerebral palsy is a neurological disorder that affects motor function and muscle coordination. While a deficient amount of oxygen in the baby’s brain is the leading cause of cerebral palsy, numerous factors can impact the child’s brain, and result in this disorder. The brain regulates most motor functions, so when it is damaged, body movements and other important functions are affected. Though most children diagnosed with cerebral palsy were born with the condition, whether due to medical negligence or other factors, others may acquire it within the first few years of life.

Types Of Cerebral Palsy Caused By Medical Negligence

A number of neurological disorders are considered cerebral palsy. Types of cerebral palsy caused by medical negligence include spastic cerebral palsy, athetoid cerebral palsy and ataxic cerebral palsy.

  • Spastic Cerebral Palsy

Representing over 70% of diagnoses, spastic cerebral palsy is the most common form of cerebral palsy. the muscle of people who suffer this condition feel stiff and their movements typically appear jerky. The muscles feel stiff as a result of incorrect messages sent to the muscles due to the damage done to the brain. Spasticity, a form of hypertonia, is caused by damage to bundles of neurons in the brain and spinal cord known as corticobulbar tracts and corticospinal tracts.

What Is Spastic Cerebral Palsy?

This is a developmental disorder which arises as a result of damage to the brain during pregnancy, delivery or within the first few years of the child’s life. The stiffness and jerkiness caused by this condition makes simple tasks, like walking or even picking up small objects, more challenging. Some children suffering spastic cerebral palsy also develop co-occurring conditions ranging from epilepsy to attention deficit hyperactivity disorder (ADHD).

Effects of Spastic Cerebral Palsy on The Upper Limbs (Arms and Hands)

Spasticity affecting one or both arms could lead to flexion at the elbow (causing bent elbow), flexion at the wrist (causing bent wrist), and flexion at the fingers (causing fisted fingers). When spasticity affects these areas, the individual will experience difficulty in getting dressed, writing, toileting oneself, handling objects, eating or drinking, washing. It may also affect the person’s ability to effectively use their arms for balance which can cause difficulty in walking or standing.

Effects on the Lower Limbs (Legs)

Spasticity affecting one or both legs could lead to adduction of the thighs (causing the legs to pull together), flexion at the hip (causing the leg to lift upwards when lying), flexion at the knees (causing changes in standing posture) and equinovarus foot posture (causing limited upward bending motion of the ankle joint). Spasticity in one or both legs may affect a person’s ability to walk and run, stand upright, move or adjust in bed, sit upright or move from one position to another.

Effects on Speech

Spasticity can also affect smaller muscle groups such as the vocal folds, facial muscles and tongue. When spasticity affects these areas, the person may suffer imprecise and slow oral movements, a tight or hoarse voice and slurred speech. This can affect the communication ability of such one, and may mean that alternative communication options such as voice generating devices, pictures and symbols are used.

  • Athetoid Cerebral Palsy

Athetoid cerebral palsy is a movement disorder characterized by uncontrolled movements. Affecting about 10% of children with cerebral palsy, athetoid cerebral palsy causes the affected individual to make erratic movements, especially when in motion. Children with athetoid cerebral palsy usually experience muscle tone fluctuations – as the muscle can be stiff at times (hypertonia) or floppy at other times (hypotonia).

Effects of Athetoid CP On the Basal Ganglia

The basal ganglia refers to a set of brain structures responsible for the coordination of voluntary movement. They help the brain control motor function and also help in the regulation of learning and thinking. As a result, when there is damage to the basal ganglia, the motor function is affected, and the person experiences involuntary movements.

Effects of Athetoid CP On the Cerebellum

The cerebellum regulates the precision of movements and coordination – two essentials for balance and fine motor skills. The cerebellum is also essential to cognitive functions such as attention and communication. Damage to the cerebellum makes coordination and balance challenging. It also causes co-occurring disorders like epilepsy and autism.

  • Ataxic Cerebral Palsy

This is the least common type of cerebral palsy, affecting about 5 to 10% of children with CP. Ataxic cerebral palsy is derived from the word “ataxia”, meaning lack of order and coordination. In addition to tremors, children suffering this condition experience speech and oral problems. There is currently no cure for ataxic CP. However, there are a range of medical procedures that can help children cope with its challenges.

Effects of Ataxic CP on Speech

Children with ataxic CP may experience what is known as ‘scanning speech’ – speaking in a monotone voice characterized by a combination of accelerations and pauses while talking. While speaking, children may also give off a breathing sound.

Effects of Ataxic CP on the Oral Cavity

Most children and even adults suffering ataxic CP may experience difficulty swallowing fluids and foods. They may also experience delayed gastric and intestinal responsiveness, ultimately leading to issues like gastrointestinal reflux disease (GERD) and acid reflux.

When Does Medical Negligence Cause Cerebral Palsy?

Cerebral palsy is often caused by asphyxia (insufficient oxygen supply to the body), hypoxia (insufficient oxygen supply to the brain), trauma during delivery, or premature delivery. All of these can arise from negligent care during labor or childbirth. However, that a baby is born with cerebral palsy does not necessarily mean that medical malpractices have been responsible. There could still be negative outcomes even when health professionals exercise the greatest possible care while attending to mother and child.

But there are common mistakes doctors, nurses and health professionals make when medical negligence has caused cerebral palsy:

  • Failure to appropriately monitor the fetal heart rate during labor and childbirth
  • Delaying important cesarean section in the face of an emergency
  • Failure to set up a cesarean section when the baby cannot be delivered vaginally
  • Failure to spot and give attention to a prolapsed umbilical cord
  • Failure to identify and take care of infections in the mother during pregnancy
  • Other medical malpractices related to the use of medical instruments like vacuum or forceps during delivery.

How to make a Cerebral Palsy Claim?

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Averaging over $1 million for lifelong care, taking care of a child with cerebral palsy can be quite expensive. This is typically more than an average family can afford. Making cerebral palsy claims can help parents obtain compensation that can help offset the overwhelming expenses associated with taking care of a child with cerebral palsy. These expenses could cover medication, lost wages, transportation, counseling, special education, home accommodations, physical therapy, pain and suffering, and assistive equipment such as soundboards, walkers, or wheelchairs.

However, filing a medical negligence lawsuit can be time consuming and complicated. To boost your chances of success, it is important that you work with knowledgeable medical negligence solicitors and medical experts. Medical negligence solicitors will ask for all relevant medical records while a medical expert will organize a medical examination and provide a subsequent report. All of these are aimed at ensuring you are able to prove that the treatment you received fell below the acceptable standards.

Your claim must also be made within two years of the date of the injury or two years following the date you had knowledge of the injury. Since cerebral palsy is a birth related injury, the time limit is calculated from the baby’s date of birth. At this stage, a parent can make a claim on behalf of the child if they wish to do so. But if the child is the injured party, the two-year time limit only begins when the child turns 18 years of age.

How Much Compensation Can I Claim Against A Doctor or GP Negligence?

If you believe you have been injured or harmed in some way as a result of negligent medical care, you might be able to claim medical negligence compensation. You could also claim compensation for medical negligence if you are the next of kin of someone who has died due to negligent care by a GP (general practitioner) or one who can’t claim compensation themselves as a result of their limited capacity.

The number of medical negligence complaints against doctors has continued to rise since 2009. In these situations, negligence can exacerbate an already existing condition or even lead to a new, more worrying condition. GP negligence can even result in death. Whether a GP has acted wrongly on test results, has prescribed the wrong medication/procedure, failed to approve the referral of a patient to a specialist or has misdiagnosed a medical condition, negligent care can be damaging. It not only affects the individual directly involved, but can harm the home life, finances and family of such one.

Considering the rules that regulate medical care, you may be wondering, “can I file a GP negligence case?” Determining the answer to this question can be really tricky. As you will soon find out, there are many factors you must consider.

This guide examines the different definitions of a GP negligence case, how long such claim can take to complete and how much compensation you can expect. While every medical negligence case is unique, this guide is designed to equip you with the information you need to make a claim if you believe your GP acted in a negligent manner.

What Is A Doctor Or GP Negligence Claim?

A GP negligence claim generally refers to a situation where a GP has failed in offering the required medical care. Once this negligence is filed in a legal environment, and it can be proven that the medical personnel has acted in a negligent manner, then you have a great chance of success. Following your demonstration of medical negligence against your GP, you can now attempt to claim compensation.

This compensation will help you address your losses which could include expenses such as medical bills, lost wages and travel costs. It can also include abstract damages which includes compensation for the pain you’ve had to deal with due to the negligence.

However, you must abide by the set rules that guide a medical negligence case to successfully make a claim. For instance, a GP negligence claim must be filed within a 3-year time limit from the time of the incident. But there is an exception to this rule: if the affected patient was under the age of 18 at the time of the medical malpractice, the time limit begins on their 18th birthday. In addition, it is also important to consider the evidence you are providing to support your claim, as well as the medical negligence solicitors best placed to assist you.

NHS Duty Of Care

Like the GP, the National Health Service (NHS) is responsible for patients’ prescriptions, routine screenings, treatments, surgery and end of life care. It is the duty of the NHS to exercise skill when providing medical care. However, due to the number of patients under their care, it may impossible for the NHS to provide premium quality care to all patients. If you have been harmed or injured as a result of NHS GP negligence, you can make a claim.

Like other compensation claims, NHS GP negligence claims have a 3-year limit. Good news is, the NHS provides patients with a channel through which complaints can be filed and solutions provided, before you may decide to resort to legal action. However, it is possible to seek legal help even after making a complaint that has not been resolved at the NHS, as both options are not mutually exclusive.

What Compensation Can You Claim For GP Negligence?

In order to calculate the value of your compensation effectively, the damages incurred must be broken down into two broad areas: general damages and special damages.

  • General Damages

This compensation covers the pain and suffering the victim has endured as a result of the negligent act. It considers how much injury the victim has suffered, and how this injury has impacted their quality of life. However, you would need to take the relevant medical records along, as well as unbiased medical experts to successfully prove such injury. A compensation calculator can be invaluable in helping you determine the value of your compensation.

  • Special Damages

This compensation covers out of pocket expenses that have been incurred due to the negligent act. These expenses include those experienced from the date of the incident and any potential losses that may occur in future. Special damages include but are not limited to medication and treatment costs, loss of earning, travel costs, care needed, specialist equipment and parking expenses. It is best to keep any relevant receipts as such losses would need to be proved.

What Is The Average Payout For Medical Negligence?

It is impossible to say just how much reward a person can receive as each medical negligence case is completely unique, and affects the victim differently. Medical negligence cases can range from £1000 to over £200,000, depending on the severity of the case.

 

injury

SEVERITY average amount awarded

description

Foot Injury Mild £10,450 Short term foot damage and pain due to injury.
Foot Injury Moderate £10,450 to 19,000 Long lasting loss of function of one or both feet.
Foot Injury Severe £31,900 to £53,200 Amputation of one or both feet
Head Injury Severe £185,000 Severe brain damage
Psychiatric Damage Severe £30,000 PTSD, depression or chronic fatigue
Eye Injury Severe £180,000 Total blindness
Ear Injury Severe £75,000 Total deafness
Internal Organs Injury Severe £42,200 to £95,000 Lifetime disabilities, persistent scarring and pain
Orthopedic Injuries Severe £15,000 to £95,000 Severe neck injuries; little to no neck movement
Ankle Injury Severe £29,200 Loss of ankle function, long lasting pain; may require correctional surgery.
Knee Injury Severe £19,000 to £73,125 Permanent loss of function in one or both knees.
Leg Injury Severe £21,100 to £29,800 Loss of function to one or both legs
Achilles Moderate £9,575 to £16,000 Long term loss of function of the ankle; high possibility of long-term pain.

How To Make A GP Negligence Claim?

Hiring a legal professional is the easiest way to begin a GP negligence claim. A medical negligence solicitor can help you get started by setting up a consultation session for you, where expert opinions will be provided concerning the merits of your case.

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The evidence you provide will be examined in great detail by the solicitors to ensure you are ready to make a compensation claim. A professional medical negligence solicitor should ensure you can prove that a GP acted owed medical care, acted in a negligent manner and you suffered injury as a direct result of this negligence.

If the medical negligence solicitor believes you have a viable claim, you will be guided all the way to the next step. Fact-finding can be launched to gather more evidence, a medical assessment may also be arranged with a doctor, and a No Win No Fee agreement may be discussed to help you.

Can I Claim GP Negligence for Another Person?

If GP negligence makes the person (s) affected unable to make claim for compensation or in cases where negligent care leads to the death of a loved one, a third party can make claim for compensation on their behalf. Yes, you can file for what is known as bereavement award if you are able to prove GP negligence on either a spouse, parent or civil partner.

This claim can be made through the victim’s estate, and the current value is just under £13,000. It is also possible to make claim for the pain and suffering endured by the deceased person, as well as the funeral costs.

If you are making compensation claim for a spouse or civil partner, you can file a dependency claim if you were financially dependent on the deceased. This compensation will ensure you do not suffer financial setbacks due to GP negligence. Parents can also make compensation claims for their deceased children, provided the child was under the age of 18 at the time of the incident.

Is it Right To Claim GP Negligence Compensation?

Medical negligence victims make claims for varying reasons. Some would be fine with a simple apology and admission that they received below standard care, as well as agreement that such negligence will not happen again. Those in this category can file a complaint via the complaints department to receive such information.

There is a second category of victims who believe that injury has been sustained and their life has been disrupted through no fault of their own and need the compensation to get their life back to its original state.

There are also medical negligence victims who are left with no other choice than to file a claim for compensation as the aftercare required will be far above the means of anyone. Finally, there are victims who suffer little to no quality of life, can no longer work, and the compensation awarded to live comfortably.

How Long Does It Take to Complete a GP Negligence Claim?

The average length of time is eight months, but the nature and severity of your GP negligence will determine how long it takes to complete. However, due to the unique nature of each claim, some cases could be fought over a much longer period of time.

No Win No Fee GP Negligence Claims

Managing the finances is probably the most difficult part of making a compensation claim. Following the health scare or even loss of life, trying to make a claim can be daunting. This is especially the case if you’ve taken time off work or have had to hire private medical care or purchase expensive equipment for medical care.

A No Win No Fee agreement is designed to help clients through the case without having to worry about their financial standing. The cost of the legal assistance is simply taken from the final compensation amount, and this only happens if the case ends up successfully. Also known as Conditional Fee Agreement, this arrangement can be of great help when you are making a compensation claim.

The Complete Guide To Medical Negligence Claims

If you have suffered sub-standard care from a medical professional which has led to an injury, you may be thinking about making a medical negligence claim for compensation. This can be a daunting task for many victims of medical negligence. To help you, medicalnegligencedirect.com have created this Complete Guide To Medical Negligence Claims which should help you make an informed decision about your claim.

If after reading this guide you feel you may have been the victim of medical negligence, you should contact us for a Free No Obligation Claim Assessment so a specialist medical negligence solicitor can guide you on your next steps.

What Is Medical Negligence?

Medical Negligence by definition is when the standard of care provided by a medical professional falls below a reasonable standard of care (compared to other medical professionals) and this poor care leads to a patient suffering pain or injury.

The legal definition of Medical Negligence requires some more explaining. Medical Negligence matters are brought under the Law of Negligence. In order to bring a claim in negligence you must establish 3 things:

  1. That you were owed a duty of care (all medical professional owe their patients a duty of care)
  2. There has been a breach of duty by a medical professional. This means that the standard of care provided by the medical professional has fallen below a reasonable standard
  3. The poor care has caused you to suffer an injury

In order to bring a claim for medical negligence, the above elements must be established.

Whether or not a medical professional has fallen below a reasonable standard of care can be established by a medical negligence solicitor. They will be able to assess the care provided and determine if it was negligence or not. Often medical negligence solicitors will obtain the opinion of an independent medical expert to support their position.

If you feel you have suffered medical negligence at the hands of a medical professional you should seek advice as soon as possible. To get a Free Claim Assessment you can call our specialist Solicitors on 0800 644 4240.

What Is A Claim For Medical Negligence ?

A claim for medical negligence relates to the action a victim of medical negligence can take against the NHS or other medical professionals.

A medical Negligence claim allows victims of medical negligence to obtain compensation for the pain and suffering they have been through and to compensate them for any future losses they might incur. This includes things like future loss of earnings and future care costs. A claim for medical negligence also allows victims to obtain justice and to ensure that the same mistakes do not happen again.

To bring a medical negligence claim we recommend speaking to a specialist solicitor as soon as possible so you understand your rights and the process. There are strict time limits on how long you have to make a claim so you should seek advice as soon as possible.

Are There Different Types Of Medical Negligence Claims?

There are many types of injury categories that arise from medical negligence claims and no 2 claims are ever identical. However, common areas where we find medical negligence claims do arise are:

1:- Brain Damage Caused By Medical Negligence

This can happen in a number of ways, but ultimately these claims relate to avoidable brain damage that has been caused by the negligence of a medical professional. Common examples of causes of brain damage due to medical negligence include a patient being oxygen deprived due to treatment not being provided fast enough and a patient suffering brain seizures due to incorrect medication. Medical Negligence Claims relating to brain damage are extremely serious as the injuries will often have a life-long impact on the victims.

If a medical patient has suffered brain damage due to medical negligence they are entitled to be compensated for the injuries they’ve suffered and any offers they have incurred. It is important victims are compensated to ensure they do not lose out due to the negligence of others.

2: -Childbirth injuries Caused By Medical Negligence

A common area of medical negligence claims relates to mistakes made during childbirth and poor treatment being provided. There are a number of childbirth injuries that can be caused by medical negligence which can include: avoidable blood loss, vaginal tears, congenital hip dysplasia, cerebral palsy, bladder or bowel perforations and many more. Unfortunately, if the correct level of care is not provided to patients during childbirth, it can often result in serious injuries being suffered which result in medical negligence claims.

Childbirth injuries caused by medical negligence are very serious as they can effect both the unborn baby and mother. Serious injuries suffered in childbirth can lead to life- long injuries and ultimately death. That is why it is vital medical professional not upholding the standards needed in childbirth are brought to account.

3:-Neck And Spine Injuries

It is vital that medical professionals are extremely attentive and careful when treating neck and spine patients to ensure they are given the correct diagnosis and treatment. When poor care is given to neck and spinal injury patients is can result in terrible consequences including paralysis.

Examples of medical negligence claims relating to neck and spinal injuries can result from a failure to diagnose spinal conditions such as bulging discs or Cauda Equina Syndrome. These types of claims can also result from failure to move patients properly, causing further damage. If you have suffered avoidable neck and spine injuries due to medical negligence, you may be entitled to claim.

Neck and spinal injury claims for medical negligence can often involve claims for on-going care, equipment and loss of earnings depending on the level of injury you have sustained.

4:-Complications Caused By Surgical Procedures

Injuries and complications can often be caused by surgical procedures that have gone wrong. Injuries resulting from surgical mistakes can be very bad for patients and that is why a high degree of care should be provided, but is often not. It is common for surgical negligence claims to relate to damage that has been caused during surgery negligently.

This can include damage to nerves, tissue and other vital organs. In some rare cases, surgical errors result in surgery on the wrong body part or an object being left inside the patient which are known are “never event” and should never happen, but they do.

Surgery is designed to make patients situation better. If you are made worse due to surgical negligence, it is unacceptable and the medical professional should be held to account. A medical negligence claim can help with this

5:-Misdiagnosis Of Cancer

Unfortunately medical negligence claims often arise from a failure to diagnose or treat cancer. This kind of mistake is very serious as any delay in diagnosing cancer can have a major impact on the prognosis of the patient. In the event that your medical professional (whether a GP, hospital or other medical provider) has failed to diagnose cancer, you may be able to claim.

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Misdiagnosis of cancer can occur due to a number of reasons, but often these claims relate to patients whose cancer could have been diagnosed had the results of tests been properly reviewed. It is terrible that medical professional can fail to properly assess medical results that indicate cancer, leading to delays in treatment. Such examples often result in medical negligence claims.

 What Evidence Is Needed To Bring A Medical Negligence Compensation Claim ?

Your medical negligence solicitor will be able to advise you on the evidence needed to bring your claims in more detail. However, generally the following evidence will be obtained or used during a medical negligence claim:

  • Patients medical records – your solicitor will review your medical records to assess the level of medical care provided and whether guidance and policy was followed;
  • A witness statement taken from the patient by their solicitor;
  • Expert Report – this is a medical report from an independent expert which comments on the level of care provided in the opinion of the expert. This evidence can often “make” or “ break” a medical negligence claim.
  • Witness evidence form the medics who provide the negligent treatment.

 How To Make a Medical Negligence Compensation Claim ?

The process of making a claim for medical negligence usually starts by getting a specialist medical negligence solicitor to assess your matter. If they believe your case shows medical negligence they will generally obtain your medical records and review the care provided.

Based on what the solicitor finds, they will then write to the medical treatment provider and set out the allegations of negligence and the injuries his has caused. Prior to this, your solicitor may obtain an Expert Report from an independent medical expert who has reviewed the treatment you were provided and commented on the level of care.

Following the initial letter to the medical provider, they have up to 4 months to respond. If they fail to, your solicitor can then issue court proceedings against them, Ultimately, most medical negligence claims are settled out of court, but if the matter cannot be resolved a medical negligence claim can result in a court trial.

How Long Do Medical Negligence Cases Take?

The amount of time it takes to make a negligence claim depends very much on the case. Generally cases are settled within 2 years of a solicitor being instructed. However, this timescale can vary depending on; the response of the defendant, the level of injuries sustained, the amount of compensation claimed and many other factors.

When a medical negligence claims enters the court process, they generally resolve within 12 – 24 months depending on the court and location.

Can You Claim Against The NHS For Medical Negligence?

Yes, you can claim for medical negligence against the NHS. As a medical care provider, the NHS plays a vital role in keeping members of the public healthy. If they fail to fulfil their duty and are negligence towards patients, the NHS must be held to account, just like any other organisation.

If the NHS fails to meet the standards that are required of it, you can bring an action against their various organisations for compensation. The NHS holds millions of people’s lives in their hands and it is never acceptable for the care provided by the NHS to be negligent, never.

All NHS organisations hold compulsory insurance to deal with medical negligence claims and you can be assured that a claim for medical negligence will not remove money from the NHS front line.

How Much Compensation You Can Claim For Medical Negligence ?

The amount of compensation you can claim for medical negligence is different in every case. The amount of compensation will depend on a number of key factors which will determine how much compensation you awarded for medical negligence. The common matters that arise when determining how much you can claim for medical negligence are:

  • Level of the injury
  • Timescale of injury
  • Care Costs
  • Equipment Costs
  • Loss of Earnings/Future Loss of Earnings
  • If a claimant has children or dependants

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Common Types of Medical Negligence Claims

Medical negligence is also known as clinical negligence and is used as a term to describe a breach of duty by a doctor, nurse or medical professionals that causes an injury or suffering to yourself.

If you or a relative/friend have been let down by medical professionals from either poor care, negligent treatment, lack of action or medical mistake it is possible that you might be eligible to make a claim.

If you feel you or somebody else is eligible to make a claim, contact one of our specialized medical negligence experts for a free non obligation assessment.

 

What Are The Different Types Of Medical Negligence?

There are many different types of medical negligence for which you can claim compensation for.  Here are a list of some of the common most types of medical negligence:

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1:Surgical Negligence

There are many surgeries performed everyday throughout the UK and many are successful, however sometimes surgical errors are made by medical professionals or assisted/training professionals which can cause injury or suffering to a patient. Examples of surgical negligence can be failed surgical negligence by causing damage during procedure or causing nerve damage, anesthetic misdiagnosis and negligence by giving the incorrect dosage to a patient which can cause suffering or an overdose or allergic reaction.

If you have suffered any negligence from surgery then you may be eligible for medical negligence, you can either call one of our medical negligence experts on 08000 999 33 72 or fill out our free assessment online for us to call you.

2: Medical Misdiagnosis

Medical diagnosis and delay in diagnosing a condition can significantly impact on a person’s life. Failing to provide treatment or incorrect treatment can potentially be life threating. There are three main types of medical misdiagnosis negligence:

  • Incorrect diagnosis is giving somebody an incorrect diagnosis and given treatment which is administered.
  • Total miss diagnosis is where a health condition is failed to be diagnosed following symptoms or health problems.
  • Late diagnosis can impact prolonged health issues and recovery time.

If you or someday you know has suffered a miss diagnosis, incorrect diagnosis or a delay in diagnosing a condition you may be eligible to claim for medical negligence contact one our medical negligence experts for a free assessment today.

3: Pregnancy And Birth Injuries

Pregnancy can have a lot of complication affecting either the unborn child or the new born baby. There are many different types of pregnancy and birth injuries such as failing to diagnose ectopic pregnancy, missed screening failure or delay in failing to recognize mother needs to deliver baby such as, missing that the baby is distressed and mother may need to undergo a C-section resulting in baby having brain damage/ cerebral palsy.

Mother may be affected during child birth such as suffering a tear whilst having baby or not being correctly stitched after birth.

If you or your child received negligence care and suffered an injury, then speak to one of our specialist team of medical negligence experts who will give you a free obligation assessment.

4: GP Negligence

The GP surgery is first call for most people who feel unwell, it is important for GP’s to examine and undergo tests for a patient to determine the cause of your symptoms and then prescribe medication or refer yourself to a specialist doctor. GP nurse’s common mistakes may be that they missed your diagnosis, failed to examine you properly, prescribed you the wrong medication, or failed to refer you on to the hospital or specialist.

If you feel you have been let down and suffered injury or pain as a result of the negligence from your GP, contact one of our experts today to get a free non obligation assessment.

5: Care Home Negligence

There are times unfortunately where care given to vulnerable people or elderly is unacceptably poor, and may sadly suffer an injury as a result of negligence from either care work or lack of care. The most common medical negligence that occurs in care home are pressure ulcers and pressure sores which can develop when a patient’s skin comes in contact with the bed for a long period of time.

Another type for negligence that may occur in care homes is medication and prescription errors, such as a care home assistant not being wary about the medication and accidently give the incorrect medication or a higher dosage than the patients’ needs then they may suffer side effects.

If you or a family member has suffered anynegligence within a care home then contact one of our specialized experts to find out more information about care home negligence and to get a free non obligation assessment.

 

How To Make A Medical Negligence Claim?

If you feel like you have been a victim of medical negligence then you be eligible to make a claim. The first step is to contact one of our specialist medical negligence experts for a free assessment straight away to be sure if you have a valid claim. We work with a panel of specialist solicitors who operate on a no win no fee. So you need to worry about any costs.

 

Call one of our specialist experts if you or somebody else feels like you may be eligible to claim then contact us online or by telephone and we will give you a free no obligation claim assessment.

Can I Claim Against The NHS For Medical Negligence?

If you have received an unacceptable standard of care from an NHS medical service provider, you may be able to make a medical negligence claim for compensation.

All NHS medical service providers have to provide treatment to an acceptable standard of care. If an NHS service provider fails to meet this standard they may be in breach of the duty of care they owe to you.

Unfortunately NHS service providers do make mistakes and when they do it is important that lessons are learnt and justice is obtained for victims of medical negligence. Our specialist NHS claims solicitors are experts in all aspects of claims against the NHS and will help you get the answers you need and compensation you deserve.

What Parts Of The NHS Can I Claim Against?

You can bring a claim for medical negligence against any NHS medical service provider. The NHS is a huge organisation, with many strands. You may have suffered medical negligence at the hands of some of the following NHS medical providers:

    • NHS Hospitals and A&E Departments
    • NHS GPs
    • NHS care providers (including home care)
    • NHS Walk In Centres
    • Emergency Service Lines including 999 and 111
    • NHS Paramedics & Ambulance Services

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There are also other medical providers which are not listed above For example, it is common NHS medical providers to refer patients to 3rd party treatment providers. It is important to understand that the NHS are still responsible for your care and accountable for the treatment you receive. You can make a medical negligence claim against all of these medical service providers.

What Can I Claim Against The NHS For?

The NHS provides a range of medical diagnosis and care services for patients. Mistakes can be made in all parts of the NHS and in a variety of ways, leading to medical negligence claims. Some of the most commons claims for medical negligence against the NHS are claims relating to:

 

How To Claim For Medical Negligence Against The NHS

If you have been the victim of NHS medical negligence it is important to obtain justice and compensation for your suffering. To bring a claim for medical negligence we always suggest obtaining specialist legal advice, which our solicitors are on hand to provide.

Our Solicitors are experts in Can I Claim Against The NHS For Medical Negligence?. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.

One of the first things to do when making a medical negligence claim is to obtain a copy of your medical records to look for any obvious evidence of negligence. Following this, your legal advisor usually obtains an independent medical report from a medical expert (usually a doctor specialising in a similar area of medicine). If the expert agrees with your solicitor that you have been the victim of negligence, the next step is to write to the NHS service provider.

Our medical negligence solicitors can deal with the whole process for you and navigate you through the claim so you don’t need to worry about anything.

How do The NHS Pay For Claims?

All NHS organisations subscribe to an insurance scheme to cover the costs of medical negligence claims. This ensures that front line NHS services are not affected by making a medical negligence claim.

 

What Is Medical Negligence Claims

By definition, medical negligence is the misconduct and negligence of medical experts either in the private sector or NHS.Some of the commonly observed negligence includes surgical procedures and misdiagnosis of various diseases such as cancer.

12 Things To Know About Medical Negligence

The medical negligence might occur through a preventable issue, misdiagnosis, excessive dosage, medical malpractice, medical accident, or lack of knowledge related to medical practices.

Medical Negligence Claims  

In order to pursue clinical negligence claims for compensation, it is important to consider expert medical negligence solicitors. It is a daunting task for people with limited information regarding medical negligence laws.

Here are 12 things you need to know in order to make a medical negligence claim through your medical negligence solicitor:

1: Legal Term

In case of any act of negligence during medical treatment, patients have the legal right to sue their medical practitioner or hospital through a medical negligence claim. In order to obtain compensation for medical negligence, the claims should prove an unacceptable standard of care that leads to an injury, disease, and death in certain cases.

2: Considering The Right Medical Negligence Solicitor

A specialist medical negligence solicitor can help you to fight your medical negligence case properly through their experience and knowledge. Our expert solicitors will tell you your legal options and can help you to understand the whole process.

Using a specialist medical negligence solicitor may increase the likelihood of your chances of winning the case.

3: No Win No Fee Agreements

If you are planning to file a compensation claim for the medical negligence, you might want to use the benefit of “No Win No Fee Agreement. Our solicitors can offer to work on No Win No Fee basis, meaning there is no up-front cost to you. You can find further information on No Win No Fee Agreements here.

4: How long Do Medical Negligence Claims Take To Settle?

Considering the complexity of medical negligence, it is important to file a claim within three years of the date of the negligence or 3 years from when you become aware of the medical negligence.

There is an exception in certain cases such as mental incapacity, and in the case of patients under the age of eighteen, who have 3 years to claim from the date they turn 18 years old.

It is vitally important that you seek advice regarding your potential claim as soon as possible, as you cannot bring forward a claim if the time limitation has passed.

5: How Much For Medical Negligence Claims?

Each medical negligence case is unique and the amount of compensation awarded depends on a number of factors. Certain factors are considered in order to decide the amount which includes:

  • The nature of your medical negligence. In certain cases, it can be life-threatening or cause serious injury.
  • The severity, trauma, and pain that is caused due to the negligence.
  • The time of recovery from the negligence.
  • The impact on your overall health.
  • Loss of earnings you may have suffered
  • Any care of specialist equipment you may need due to the injury

You are entitled to two types of compensation in case of medical negligence that is general and special. The general damage includes the compensation of the suffering and pain due to the misdiagnosis. In special damage, you can attain the compensation of all the expenses that occur due to the misdiagnosis including the cost of personal care, transportation, medications, tests, and doctor’s fees.

6: How Many Medical Negligence Claims Go To Court? 

The majority of the medical negligence cases are settled before the occurrence of a full trial at court. Generally, medical negligence claims are settled without the need to go to court with the use of an “out of court settlement”.

However, some medical negligence claims will proceed to trial and you may need to attend to give evidence, but this is generally very rare.

7: Who Can You Claim Against For Medical Negligence?

Any health practitioner, GP surgery, or hospital can be sued and held accountable for the negligence and misconduct. This includes dentists, cosmetic surgeons, eye specialists, and private clinics. In the case of NHS hospital, the NHS trust will be held accountable.

If you have suffered sub-standard care from any of these health professionals then you may be able to make a claim for medical negligence.

8: What Evidence Is Needed?

Generally, your medical negligence solicitor will obtain a copy of your medical records and review the treatment that has been provided. It is important to maintain your medical records.

Especially, when you are about to claim a medical negligence case, the requirement of physical evidence is crucial to support your stance. The records might include prescriptions, doctor’s opinion, notes, and other medical files. All this evidence will help the court in understanding the severity of your case along with the compensation.

9: The Requirement Of Medical Experts

In medical negligence cases, it is common for your solicitor to obtain the opinion of an independent medical expert. The expert will often specialise in the area of practice that your medical negligence injury relates to.

The medical expert will give their opinion on your case and will comment on the level of care provided. They will often comment on whether the medical professional who treated you has breached their duty of care to you and whether this breach of duty caused your injury. Your solicitor will manage this all for you.

10: How Many Types Of Medical Negligence?

Medical negligence refers to a range of incidents and injuries. However, what all medical negligence claims have in common is that the standard of medical care provided has fallen below an acceptable level and this has led to an injury.

Our solicitors specialise in all aspects of medical negligence and commonly deal with matters of medical negligence relating to:

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11: Time Required For Trial

In the majority of the cases, the process leading to the trail can take eighteen months to three years. The duration is dependent on the type of claim, the severity of the situation, condition of the patient, defendants approach, and position.

12: How to File A Medical Negligence Claim?

In order to attain the right amount of compensation and future safety, you should seek the advice of a specialist medical negligence solicitor. They will be able to guide you through the process.

Contact us today for a Free No Obligation Assessment of your Medical Negligence Case.

Get A Free Claim Assessment

If you or a loved one has ever suffered from medical negligence of any sort, you should seek legal advice as soon as possible. In case of suffering from preventable issues and excessive pain due to the negligence of your practitioner,

our team can help you claim the compensation you deserve and act for victims of medical negligence

Our panel of medical negligence solicitors are just a call away. Call now at 0800 644 4240 to speak to a specialist solicitor today.

 

What Are The Most Common Surgery Mistakes in Medical Negligence?

There are numerous types of medical negligence a patient can suffer at the hands of a Doctor, GP or any other type of medical professional.

This could be a misdiagnosis of a condition whether this is a broken bone or a more life threatening condition such as Cancer to undergoing surgery and suffering further issues, this is known as surgical negligence.

Other types of medical negligence range from failure to refer patients on for relevant treatments to overdoses of medication. A lot of people are unsure if they have suffered medical negligence so it is paramount that if you feel you have been the victim of medical negligence that you do speak to Specialist Solicitors who will be able to offer impartial advice on whether or not you have grounds to make a potential claim.

What Is Medical Negligence?

The definition of medical negligence is substandard care which has been provided by a medical professional to a patient, which has resulted in patient suffering an injury or caused an existing condition to worsen.

 IF YOU FEEL YOU HAVE BEEN VICTIM OF MEDICAL NEGLIGENCE SPEAK TO ONE OF OUR SPECIALIST SOLICITORS ON 0800 644 4240

What Are The 5 Most Common Surgery Mistakes?

There are numerous mistakes which can be made by Doctors/Surgeon when performing surgery as undergoing surgery in itself is considered a risk.

1 – Leaving A Foreign Object Inside A Patient.

Complicated procedures/operations require variety of tools including scalpels, clamps sponges and pads. It is down to the surgeons and nurses to keep track of apparatus being used but unfortunately mistakes are made and medical tools have been left inside the patients during surgery.

This is one of the most common mistakes made during surgery and can cause further issues such as infections and then requires further surgery to have removed.

2 – Performing The Wrong Procedure

When you enter the hospital for a specific procedure, you do expect that procedure to be carried out in the best possible way. Unfortunately as cases have shown Doctors have performed the wrong procedure, not only will you have to undergo the original procedure, but you may also need additional care to repair any damage that occurred from the first operation.

3 – Operating At The Wrong Site

Sometimes surgeons perform the right procedure on the wrong body part. This kind of surgical error has led to some people having the incorrect limb removed as a result of this, again not only will the procedure need to be performed on the correct site but this will no doubt leave people with further long term issues.

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4 –  Inflicting Nerve Damage/Further internal Damage

Surgical teams are often in direct contact with nerves and their surrounding tissue and the slightest mistake can leave often lasting damage to the patient as a result of this mistake.

Another common aspect of surgical mistakes is further internal damage to other organs, certain organs are compacted or in contact with other organs and procedures such as C-sections in some cases has left patients with perforations to the bladder requiring corrective surgery and in some cases permanent Stoma bags due to the negligence.

5 – Administering Too Much Anaesthetic

Anaesthesia errors are often fatal. If the anesthesiologist gives a patient too much of the drug, it can deprive the brain of oxygen, resulting in brain damage and even death. In rare circumstances, a patient might have a bad reaction to anaesthesia, but when an actual error occurs, the patient’s family has a right to pursue compensation.

IF YOU HAVE SUFFERED SIMILAR NEGLIGENCE OR ANY OTHER FORM OF MEDICAL NEGLIGENCE THEN GET IN TOUCH WITH ONE OF OUR SPECIALIST SOLICITORS FOR A FREE NO OBLIGATION ASSESSMENT OF YOUR CLAIM.

 

How Long Does A Medical Negligence Claim  Take?

If it is found that you have suffered medical negligence and you did wish to proceed with a compensation claim then the time it takes for you to receive a pay-out will depend on the nature of the negligence you have suffered and the injuries you are suffering from.

By speaking with a Solicitor they will not only be able to assist you with making a claim but they will be able to give a rough guide as to how long it would take to receive a settlement if your claim is successful. Although the process may seem long and daunting not to worry your Solicitor will be by your side each step of the way offering advice and support

What Is The Process Of A Medical Negligence Claim?

Your Medical Negligence Solicitor will help you understand how the claim process works. Once you complete our Free Assessment a Solicitor will call you and discuss your case in the strictest confidence.

Our Solicitors are specialised and fully trained to ask you the right questions and are there to listen. We understand this is a difficult time and can be very stressful which is why our Solicitors will be by your side throughout the whole process.

IF YOU FEEL YOU HAVE BEEN THE VICTIM OF MEDICAL NEGLIGENCE THEN GIVE US A CALL TODAY TO SPEAK TO A SPECIALIST NO WIN NO FEE SOLICITOR ON 0800 644 4240