What is medical negligence?
There are many instances that can qualify medical negligence compensation in the UK, and here are some of them:
• Failing to diagnose your medical issue or offering a wrong diagnosis
• Making errors during medical procedures
• Giving the wrong medications
• Failing to get your consent when offering treatment
• Failing to warn you about the potential side effects or risks of medications or procedures
Medical negligence typically leads to injury and may make your existing conditions worse. However, you should remember that worsened health does not necessarily mean that you are a victim of negligence. Medical accidents may happen even if the doctor takes all the necessary precautions. As mentioned earlier, it can be hard to know whether or not you are a victim of medical negligence. This is why you need to contact us for legal advice.
Although most claims are made against NHS doctors, the law allows patients to get compensation from all types of medical professionals. These include cosmetic surgeons and dentists. We will only need to gather proof that the practitioner acted out of negligence, and that their actions contributed to your injury.
Medical Negligence Compensation
You can claim compensation for clinical negligence that happened to you or your next of kin. You will only be allowed to make medical negligence claims for your next of kin if they are incapable of making the claim on their own. Also, they may have passed on. When awarding you the compensation, the court will check the social security benefits you claim because of your injury. Also, they will have to consider any injuries or losses you may have experienced because of the subpar treatment you received. These include the following:
• Psychological damage experienced
• Any ongoing treatment costs
• The costs of setting up your home to accommodate the injuries
• The costs of any equipment or care you may need
• Any salaries you have to forego because of your injury
• Any activities you cannot participate in because of the injury
• Any pain and suffering you may be experiencing
Your claim will not be valid if it is made within 3 years of the injury. In some cases, the case will be accepted if you can prove that you learnt about the injury later on. For children, the time limit does not apply and will only be counted once they turn 18. That means children should make claims for medical negligence compensation by the time they turn 21. You should also note that the 3-year limit does not apply to people who suffer from mental disabilities. It will only start to count once they recover from their disability. As mentioned earlier, you can make a claim for your next of kin if they are unable to make the claim on their own. You should note that the claims can take more than a year to investigate, so you should contact us as soon as you suspect that you are a victim of medical negligence.
Settlement Out of Court
Most cases of clinical negligence are settled before they go to trial. In such incidents, the defence will approach you with an offer of financial settlement. However, when you file a case, you should remember that it may go to full trial, which is why you might be better off taking insurance. With the insurance, you will not have to pay the hospital’s costs if you lose the case. Once you forward the case to us, we will thoroughly investigate it to find out whether it is strong enough. Since we offer a no win no fee service, you will only need to pay for our service using your compensation.
Types of Medical Negligence Claims We Cover
We cover the following claims:
• Cancer misdiagnosis
• Medical misdiagnosis
• Dental negligence
• Cosmetic medical negligence claims
• Sepsis clinical negligence claims
• Surgical negligence claims
• Hospital negligence claims
• Birth injury compensation claims
• Pressure sores claims
• Hospital-acquired compensation claims
• Claims against opticians
• General practitioner negligence claims
• Breast implant claims
Steps to Take When Making a Clinical Negligence Compensation Claim
Once you suspect that you are a victim of clinical negligence, you should reach out to us. We will evaluate your claim and advise you on whether or not you may be eligible for compensation. If we determine that you are likely to have a case, we will follow these steps:
• First, we have to request access to your medical records and review them to determine whether any mistakes were made.
• The next step would be to run an investigation into the matter, and this involves the consultation of witnesses. Also, we will arrange a medical examination with an independent medical expert.
• After that, we will establish liability by contacting the trust responsible for your injuries. At this point, our goal will be to get them to accept fault so that we can apply for interim payments.
• We will then have to issue proceedings with the court, and this will ensure that each party sticks to certain timelines. If we are unable to come to an agreement with the defense, we will have to proceed to trial.
Medical negligence compensation is made to patients who have suffered injuries because of poor quality treatment. These compensations are meant to reduce suffering and losses associated with clinical negligence. You can make claims against all types of medical professions, including cosmetic surgeons. If you think you deserve compensation for clinical negligence, you should contact us today. Since we have a no win no fee promise, you don’t need to make any payment upfront.