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Clinical Negligence

At some stage in our lives most people require some form of clinical treatment. Generally that treatment is of great assistance. However, mistakes can occur in medical or dental treatment, just the same as in any other job or service. Sometimes the mistake makes little or no difference to the clinical outcome and sometimes, unfortunately, there are occasions when a patient can be harmed as a result of negligent treatment.

Of course, not all treatment is successful, nor is the outcome always as expected. However it is important to note that not every disappointing outcome gives rise to a claim for negligence.

If you are injured by someone failing to give you a reasonable standard of care then you may be entitled to seek compensation if you end up being in a worse state as a result of the negligence.

Clinical negligence can cover any form of treatment that you may receive from a hospital, GP or other healthcare provider, whether NHS or private. The treatment may have been in a surgery, hospital or mental health setting as well as in a patient’s home. Or it may simply have been a failure to give appropriate treatment in a timely manner.

Some examples of treatment that we have dealt with recently are:

  • Failing to diagnose and/or treat pressure sores
  • Wrongful extraction of teeth
  • Failing to read an x-ray correctly leading to a failure to diagnose a fracture
  • Delayed diagnosis of appendicitis resulting in complications
  • Surgical errors
  • Failing to recommend surgery for a chronic neck problem

If you have a query about clinical negligence please contact Dr Catherine Oakley or Jonathan Ditchburn for a free initial telephone assessment. If your claim appears to have good prospects of success we can generally fund the claim using a “no win no fee” agreement known as a Conditional Fee Agreement. We can also organise insurance to make sure that you do not have to pay anything if you lose your claim as well as obtaining funding to pay for medical records and reports to assess your claim.

The initial stage in a claim is often to consider using a complaints procedure to gain more information about what has happened and we can assist with that process. Obtaining your medical records early in the claim is vital to make a thorough assessment of whether there is likely to have been negligent care. A report from an appropriate medical expert is usually then required in order to establish whether there has been negligence in your treatment. In deciding whether there has been negligence, the standard to be applied is whether a body of similarly qualified medical experts would have treated in the same way, or treated differently given the particular circumstances of your treatment.

We are there to guide you through the process at what can be a traumatic time and to provide you with the best possible advice about whether to pursue a claim.


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We Can Help With

  • Private or NHS medical treatment
  • Surgical errors
  • GP treatment
  • Failure to diagnose and/or treat a condition
  • Dental treatment
  • Cosmetic treatments
  • Incorrect prescribing of medication

How can we help you?

Jonathan Ditchburn

Jonathan Ditchburn

Carlisle

01228 593939

Biography

Email me
Catherine Oakley

Dr Catherine Oakley

Carlisle

01228 593939

Email me
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