Medical Negligence

The healthcare system in England, Wales and Northern Ireland is predominately provided by the NHS.

NHS care is usually very good and most people do not have any problems.

However, things can go wrong and when mistakes are made they can be catastrophic and life changing.

If a mistake is made by a healthcare practitioner then you may be able to pursue a claim for medical negligence.

What is medical negligence?

Medical professionals have a duty of care to their patients and when this is breached it may be possible for you to claim compensation for medical negligence.

m medical negligence (also known as clinical negligence) is defined as a breach of a duty of care from a health professional that has resulted in harm and loss.

The majority of claims are pursued against the NHS but it is also possible to bring a medical negligence claim against private healthcare providers such as private hospitals, care homes, GPs and dentists.

The burden of proof falls on the person bringing the claim, the Claimant, and in order to have a successful claim the claimant will need to prove the following:

• The healthcare professional owed a duty of care to the claimant
• There was a breach of that duty of care
• That the breach has caused harm to the claimant
• Damages for injuries and other losses (such as loss of earnings) have resulted from the harm caused by the breach of care

Medical negligence can take a number of forms such as:

• Misdiagnosis
• Incorrect treatment
• Surgical mistakes
• Prescribing inappropriate medication
• Damage to child before, during or after birth
• Not giving a person the treatment they need
• Issues surrounding consent
• Delay in the provision of appropriate treatment

Compensation

The aim of a medical negligence case is to award compensation to put the injured party back in the position that they would have been in had it not happened.

You can claim compensation for any injuries or losses suffered which were a direct result of the negligent treatment you received.

This can include:

• compensation for pain and suffering
• payment for ongoing treatment
• compensation if you can’t carry out certain activities or hobbies
• loss of earnings
• the cost of any extra care or equipment you may need
• the cost of adapting your home
• compensation for psychological damage.

Taking legal action for medical negligence

If you believe you have been injured as a result of negligent medical treatment, you may be able to take legal action.

If you would like to discuss a potential claim please contact a member of the team who will be pleased to assist you.