How to Make Medical Negligence Claims

Unlike other professions, a mistake or error made by a doctor or medical professional can have dire consequences for the patient involved. If you have been injured by a healthcare professional, unintentionally or otherwise, then you have the right to file a medical negligence claim, also known as a clinical negligence compensation claim.

Like other types of personal injury claims, medical negligence claims follow certain standards of evidence in order to prove liability. In order to file a medical negligence claim, you need to show that a health care professional (a doctor, surgeon, nurse, or dentist) has caused you to suffer personal injury (or has made an existing medical condition worse than it was prior to the procedure) due to their negligence. This means that the health care professional has failed to deliver an appropriate level of medical care. In this case, ìappropriateî means a level of care that a person is reasonably entitled to expect. The level of clinical care should be the same regardless of whether the procedure occurred through the National Health Service or under the direction of a private doctor or hospital.

There are many different issues or reasons that could give you reason to file a medical negligence claim. These include, but are not limited to:

• Misdiagnosis of an injury, illness or condition
• Improper treatment for an injury, illness or condition
• Failure to warn of risk involved in treatment
• Failure to obtain proper consent to treat
• Medication errors
• Surgical errors

While we commonly think of physicians and surgeons when we consider medical negligence claims, it is important to remember that the injury you suffer does not need to be a physical one. Psychiatrists, psychologists, and psychotherapists can be just as negligent and can cause serious mental injury that is also covered by the rules governing medical negligence claims. In addition, medical negligence can overlap with other areas of law, such as product liability cases over approved medications or specific medical devices and procedures.

Because of the specialized areas of knowledge involved, both legal and medical, in a negligence case, it is perhaps more important than in any other personal injury case for you to enlist the assistance of a properly trained, experienced solicitor. Most medical treatments and procedures carry a certain element of risk or potential for side effects, which are normally explained in full prior to the treatment taking place. You might even be asked to sign a consent form stating that you understand these risks before the procedure or treatment is carried out. Because of this, not all adverse events or side effects fulfil the definition of negligent care and a trained solicitor can help you make that determination before you actually file the claim.

While financial compensation can never fully replace or repair the injury caused by negligent care, making a medical negligence claim can often allow the injured individual to receive the appropriate care after the fact to help them recover, as well as prevent additional such incidents from happening to others.