Medical negligence does not necessarily result in a compensation claim. Minor errors and ones which have not caused injury or death will in all probability not result in a successful claim for compensation.
Also, many people just want an apology rather than go through the courts, especially given the time involved with medical negligence cases. This can be done by going through the NHS complaints channels, and, should you not receive the desired outcome you can contact your local Patient Advisory Liaison Service or the Information Complaints Advocacy Service. The last option is the Health Ombudsman.
It also should be said that doctors, nurses, midwives, dentist, physiotherapists and the rest of the medical profession are human beings and can make mistakes like any other person. This has to be accepted by British society.
Should a medical professional breach the duty of care that they owe to their patients however, an injury claim for medical negligence compensation may be a logical step, especially if the severity of the injury or the loss is extreme.
Below are some example of clinical negligence cases:
- Instruments improperly sterilised
- The misinterpretation of medical results
- Prosthetics or hip replacements not lasting as long as they should have done
- A health professional’s carelessness resulting in a mistake and subsequent loss or injury
- Proscribing incorrect drugs or dosage
- A diagnosis delay for no good reason
- A delay in referring to a specialist
- Contracting MRSA or another infection
- Organs being retained for no good reason
- A failure to warn a patient of the risks associated with his or her surgery
- Failure to obtain consent from a patient prior to surgery
Bringing a medical or clinical negligence case to court
If you have suffered due to clinical negligence you should be aware that they can take years to go to court and they are complex affairs. This should not deter you, however, as a successful medical negligence claim for compensation will:
- Pay for loss of earnings
- Give you time to recover properly
- Cover the cost to your quality of life
- Prevent the medical professional from making the same mistake
- Pay expenses incurred due to the medical mistake
To prove medical negligence, a fellow health professional must be willing to state that the medical professional that treated you:
- Made a mistake that no competent medical professional would make
- And the mistake contributed to your injury or condition
To handle medical negligence cases a specialist medical/clinical negligence injury lawyer will handle the case. They will be able to advise the best way to go about making a case for compensation on your behalf, and go through the process with you. If they feel however, that there is less than a 60% chance of winning the case, they will in all probability tell you to approach the NHS complaints channels, or complain to the private hospital that treated you rather than pursue a legal route.
If you feel you have been the victim of medical negligence, call us or complete the online form and we’ll assess your case.