When you or your loved one visits the hospital for medical care, you deserve to get the right standard of care and expect that whoever attends to you does not breach their duty of care to you. And while many get the required care and leave the hospital in good condition, mistakes also happen which can lead to unfortunate and catastrophic experiences for the patient and loved ones.
When these mistakes happen resulting in an unnecessary harm to the patient, we can say that there is a breach of duty of care.
What Is Duty Of Care In Health Care?
Duty of care in healthcare refers to the standard of care which healthcare provides should give to patients under their care and which is reasonably expected from a competent medical professional in the same position and in the given situation.
When the doctor or other healthcare provider fails to provide medical care as is expected of them which in turn harms the patient, it means there has been a breach or the duty or deviation from the duty of care & this amounts to negligence for which you may make a claim for medical negligence.
Suing your GP for negligence when you are in such a condition is your right and here at MND, we have some of the best medical negligence solicitors in the UK to support you in your claims.
Our clinical negligence claims solicitors are trusted and have provided legal support to different clients who have been victims of negligent medical care for many years. Our success record is enviable and so we encourage you to get in touch with us as soon as possible and have a free chat with us about a possible claim.
Some forms of negligent treatment include-
- Misdiagnosis (wrong diagnosis, late diagnosis or completely missed diagnosis)
- Surgical errors including anaesthesia errors and retained instruments
- Prescription and drug administration errors,
- Failing to carry out appropriate tests and scans before making a diagnosis
- Failing to refer you to a specialist for better medical care
- Discriminatory or abusive treatment, etc.
How To Sue For Medical Negligence in the UK?
Before suing the NHS for negligence, you should first be sure if you have a valid claim. During our free consultation session, we will carefully examine the specifics of your case and then advise you on whether we think you have a valid claim and your chances of winning.
However, it is important that we establish that you actually experienced poor medical care as a result of the negligence of your healthcare provider and that you have suffered as a result of such negligent care.
For elements also known as 4 D’s of medical negligence must be proven to have a successful claim for medical or doctor negligence.
- Duty- This is where you show that the doctor had a duty of care towards you.
- Dereliction- In this case, you establish that your doctor failed in that duty of care to you.
- Direct Causation- This is where you establish a direct link between the breach of duty of care and the injury suffered. This is a vital aspect of your claim. you must show that the injury suffered was as a direct result of the negligence of your healthcare provider. If you are only able to prove liability without showing causation, your claim will not be successful.
- Damages- Here is where you show how much damages you have suffered/incurred as a result of the injury, harm or complication suffered. These damages go a long way in determining your compensation.
Determinants of your Medical Claim Compensation
Your compensation amount for your medical negligence claim will be determined by a number of factors which include-
- Type of injury sustained
- Severity of injury
- Future prognosis
- Costs of further medical treatment, rehabilitation or therapy
- Financial losses incurred including future estimated losses
- Costs of hiring a caregiver
- Accommodation adjustment costs
Our compensation experts will give you a realistic idea of what your claim could be worth using our medical negligence calculator. This will be based on the Judicial College compensation payout guide.
Contact Our Solicitors For Poor Medical Care
At MND, our medical negligence solicitors are always willing and ready to stand by you and fight for justice to be served so that you can be compensated for whatever losses you have incurred as a result of poor medical care.
We undertake claims as this on a no win no fee basis while we also want you to be aware of the medical negligence claims time limit of three years from the date of the negligent treatment or when you became aware of it. This means that you have a limited time to make your claims. Therefore, do not delay in reaching out to us to discuss your claims.