Medical Negligence – An Overview
Medical negligence occurs when a medical professional provides substandard care to a patient which causes direct harm or makes a pre-existing condition worse. There are a number of different ways this can occur whether that is through misdiagnosis, incorrect treatment or surgical mistakes. We understand that medical negligence claims can seem quite complicated. Our experts have experience handling a wide range of medical negligence claims and they fully understand the complex processes and sensitivity of the matters involved.
To make a claim, the first thing you should do is contact us. We offer a free initial consultation to chat about what has happened and whether you have a legal claim to argue. Our experts understand that disclosing this information can be distressing and we pride ourselves in providing professional advice. We do try and settle claims as quickly as possible, but claims can be lengthy due to the complex issues involved. The amount you can claim for medical negligence should you have a successful claim will be dependent upon:
- The nature of the injuries
- Any expenses you have incurred
- Your needs going forward
Generally speaking, you have 3 years from the date your injury was linked to a medical error. This is not always the date of your initial injury. There are some exceptions to the rule but if you are unsure, our experts can clarify this.
Understanding the breach of duty
You may hear lawyers talk about a breach of duty. This simply means that, the type of treatment you received has fallen below the standard expected of a skilled specialist in that particular field. You have a right to receive a certain standard of care and this must be considered in each case. Often the scope of medical negligence is much wider than you would expect and examples include but are not limited to:
- Mistakes made during childbirth
- Lack of consent for a procedure
- Negligent dental treatment
- Undiagnosed conditions
- Cosmetic surgery
- Pressure sores
- Fatal accidents
- Surgical errors
Preparing your case
Preparing for a medical negligence claim involves taking detailed statements about the incident, obtaining copies of your medical records and gaining expert opinions. This sensitive information will be handled professionally and with utmost care from the outset, this should not deter you from making a claim. To argue your claim successfully, our experts will need to understand the full impact that this negligence has had on you to put forward a strong legal argument on your behalf.
Medical negligence cases very rarely reach court and if they do, our experts are equipped to help you from start to finish. Quite often, a settlement can be reached outside of court and we have the necessary experience to skillfully negotiate and settle your claim as early as possible. Starting a claim should not affect any future treatments you receive. But if you are concerned or feel that it has, we can advise you on being treated elsewhere going forward.
Find out more
A medical negligence claim can usually be funded on a no win no fee basis if we consider that it has sufficiently good prospects of success. We do offer a free initial consultation so do not hesitate to contact us if you think that your treatment was carried out negligently. Find out more today.
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