Medical Negligence
Understanding Claims
Medical negligence is a term that evokes concern and uncertainty; it refers to substandard care from healthcare professionals, resulting in avoidable harm or injury.
What is Clinical Negligence?
Clinical negligence, also known as medical negligence or medical malpractice, occurs when a healthcare professional provides substandard care resulting in an illness or injury that could have been avoided. It is critical to distinguish between an ‘unfortunate outcome’ and negligence. For an action to be deemed clinically negligent, it must be definitive that the medical professional’s actions fell below the accepted standard of care – and directly resulted in harm to the patient.
The Claims Process: Do I Have Claim?
Medical negligence can include various types of error, for example:
- Misdiagnosis or delayed diagnosis; (where a medical professional fails to identify a condition correctly or does so belatedly)
- Surgical errors (such as operating on the wrong site or leaving instruments inside a patient)
- Medication errors
- Birth injuries
- Errors with medication administering errors
The claims process can seem overwhelming, but understanding each step will help you navigate it effectively.
The Steps to Make a Clinical Negligence Claim
The first step in the claim process is to consult a specialist lawyer. They will have the experience to evaluate your case and advise you on the prospects of making a successful claim. You will then need to obtain detailed medical evidence in support of your case, as well as any related documentation.
Generally speaking, you must commence your claim within three years from the date when the incident occurred or when you first realised you had suffered an injury. There are special rules for calculating when the three-year time period runs in the case of children and people experiencing mental capacity problems.
Our lawyers will assist you in gathering the necessary evidence, which will help determine the appropriate compensation for the harm and losses you have experienced.
When choosing a lawyer, there are several important factors to consider; first and foremost is experience – it is essential to find a lawyer who has a proven track record of success in medical negligence cases.
Additionally, look for accreditation from professional organisations such as the Law Society; the Association of Personal Injury Lawyers (APIL), or Action against Medical Accidents (AvMA).
Compensation is typically categorised into two main types: general damages and special damages.
General damages are intended to compensate for pain, suffering, and loss of quality of life, while special damages cover the financial losses or expenses incurred as a result of negligent treatment. This can include costs for medical care, rehabilitation, ongoing care, lost earnings, travel expenses related to treatment, and necessary modifications to the home to accommodate any injuries.
The value of your claim depends on several key factors; the severity and nature of your injuries are crucial, as well as the impact of the negligence on your overall well-being.
Additionally, your age and life expectancy play a significant role in determining compensation; typically, younger claimants or those with longer life expectancies receive higher awards. Moreover, your financial losses, both past and future, are evaluated to reach a fair and just settlement.
How We Can Help?
With decades of experience in law, we consistently deliver the rightful compensation our clients deserve.
Our team of lawyers is fully equipped with extensive experience, enabling them to provide the best possible results for you.
Frequently Asked Questions about Clinical Negligence Claims
Find the answers to common concerns and queries.
If you suspect negligence or medical malpractice, seek medical advice right away and consult a lawyer to discuss your case. A negligence lawyer can evaluate your case and guide you in gathering the necessary medical evidence to support your claim. It’s key to avoid delays when starting a claim.
When you file a medical negligence claim, the time it takes to reach a resolution can vary significantly based on the specifics of your case. The claims process involves several steps, including gathering medical records, consulting independent medical experts, and negotiating with the defendant or their representatives.
Consider how you will fund your claim and respective representation. There are various options available for financing your medical negligence case, and our lawyers will assist you in understanding the best choice for your circumstances during your initial consultation.
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