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If you have received sub-standard or negligent treatment from the NHS then you may be entitled to make an NHS compensation claim against the medical provider that treated you . The NHS must be held to high standards. If the service falls below these standards and you suffer as a result, then you can make an NHS compensation claim.
It is not only important for victims of medical negligence to claim the compensation they deserve from the NHS, it is equally important that an explanation and apology is received so that similar mistakes are not made in the future and you can have peace of mind.
Medical Negligence is the term for when a medical professional falls below acceptable standards when providing medical treatment. Medical Negligence arises when patients suffer harm that could have been avoided. Medical Negligence can happen in many different ways including delays in being treated right through to sub-standard medical care from a professional.
All of our specialist medical negligence lawyers act on a “No Win No Fee” basis. This means that there will be no cost to you for making a medical negligence. You can have peace of mind that you can obtain justice without having to spend money to achieve it.
If your case is successful you will be entitled to compensation. The amount of compensation depends on the amount of time you have suffered due to the medical negligence and on other circumstances such as if you have not been able to work due to your injury.
No matter what your circumstances are, our specialist medical negligence Solicitors have the expertise and know how to make sure you achieve the maximum amount of compensation that you can.
Making a medical negligence claims can be a difficult process. We suggest that you contact one of our specialist medical negligence lawyers who will be able to guide you through the process in a friendly and supportive way.
The law surrounding medical negligence is complex. That is why is it vitally important to contact a specialist medical negligence lawyer as soon as you think you may have been a victim of medical negligence.
Yes, you can sue the NHS for any form of medical misdiagnosis if that misdiagnosis has led to preventable pain or suffering. It is important that the NHS is able to diagnose medical conditions correctly and to provide the best medical care to its patients. If the NHS negligently fails to diagnose a condition it can be the difference between life and death so accuracy is vital. If you have been misdiagnosed you can sue the NHS for misdiagnosis and receive compensation for your suffering. You can access more information on our Medical Misdiagnosis Claims Page. Speak to a medical negligence solicitor today to understand your rights and to be guided through the process.
It is often difficult to know early on whether the injury you have suffered is due to your healthcare provider’s negligence. The first thing to do is talk to a medical negligence solicitor and they will advise you on whether they think you have a valid claim for medical negligence.
This can depend on a number of factors, including the severity of injury, nature of the case and whether the defendant contests it. If the defendant contests the case, reaching a resolution can take several years; this is particularly the case if the victim is a child, since these cases are usually complex. However, if they accept liability, a settlement for medical negligence compensation can be reached within a short period of time.
Other factors such as collecting evidence can take up to 12 months, and even longer. This is because it is important to be adequately prepared before taking on the case.
There are different types of medical negligence for which you can pursue claims. Some of the most common forms include:
- Surgical negligence: Millions of successful operations are performed in the UK every year. However, mistakes do happen and the effects can be life-changing, even leading to death.
- Medical Misdiagnosis: When a medical professional fails to correctly diagnose a condition or completely misses the diagnosis, this can cause the patient avoidable suffering.
- Prescription and medication errors: When a medical professional prescribes the wrong medication or provides incorrect dosage advice, there can be devastating consequences.
- Pregnancy and Birth injuries: There are hundreds of thousands of births in the UK every year, with the vast majority successful. However, things can go wrong during pregnancy, labour, or even after birth.
- Negligent Medical Advice: It is the duty of your healthcare provider to advise you on the risks of a medical procedure and let you know of associated risks. Failure to do this, you may be entitled to make a medical negligence compensation claim if something goes wrong.
The four D’s of medical negligence refer to the four elements that claimants must establish to be able to pursue medical negligence claims. These include duty, dereliction, direct causation and damages.
- Duty: A claimant must prove that he/she had a patient-healthcare provider relationship and that the medical professional owed them a duty of care.
- Dereliction: This means negligence. You are expected to prove that your physician has acted negligently, which includes, but not limited to medication errors and performing unauthorized procedures.
- Direct causation: You must be able to establish that a healthcare provider’s actions were directly responsible for the harm you suffered.
- Damage: The patient must also be able to prove that the physician’s negligence caused damages. Damages may include physical, mental, emotional and even financial harm.
There is no difference between clinical and medical negligence. Medical or clinical negligence is the below-par care that is provided by a healthcare professional to a patient, which has caused the patient injury or worsened an existing condition. The most common forms of clinical or medical negligence include misdiagnosis, birth injuries, surgical errors, NHS Negligence and incorrect treatment.
Medical negligence payouts can range anywhere from £1,000 to £200,000, and much more, depending on how complex the case is. As each medical negligence case is unique, it is impossible to determine the exact payout you may receive for your claim, but factors like the severity of your injury/illness, loss of earnings, and cost of aftercare can play a huge role in your compensation award.
The medical negligence claims process can be complex and drawn-out, as there are a number of steps that must be fulfilled to complete the process. In general, medical negligence claims in the UK can take anywhere from 18 months to three years, and sometimes even longer. However, as no two medical negligence cases are the same, your case will be considered by a medical negligence solicitor after which it will be sent to a medical expert to assess. It is only at this time a timescale can be given.
For your medical negligence claim to be successful, it must be built on evidence, so you must be able to prove that your doctor was negligent and that you have suffered an injury as a result. Your medical negligence solicitors will work hard to prove that you received substandard care. To achieve this, they will examine three key areas: breach of duty, causation and damages.
- Breach of duty: Proving that the medical professional failed to discharge their duty of care to you.
- Causation: Proving that the injury you suffered was due to the poor treatment you received.
- Damages: Proving that you have suffered harm as a result.
This will completely depend on the circumstances surrounding the injury or illness you sustained. Injuries are not uncommon incidents in hospitals, but not all are necessarily as a result of medical negligence. Your medical negligence solicitors – with the help of medical expert opinion – will be able to advise you on whether you have a valid case and can pursue a medical negligence claim for compensation.
To prove medical negligence in the UK, you will need:
Medical records: Medical records are the most useful evidence for medical negligence claims. They are written at the time of treatment, which is prior to when the claim is considered. Thus, medical records are viewed as an honest and reliable account of the treatment provided by a medical professional.
Witness statements: Witness statements can be gotten from the injured person, as well as their family, friends and even medical professionals. This statement recollects the events surrounding the negligent care from each witness involved.
Medical expert reports: If the defendant does not admit liability in your case, you are under obligation to prove it. Obtaining reports from independent experts in the relevant medical field will help you achieve this.
Financial evidence: The aim of a compensation claim is to return your life back to the position you would have been had the negligence not occurred. This, you can make claims for the financial losses you have suffered due to the alleged negligence.