How to Claim For Medical Negligence Compensation
In the UK, we are lucky to have medical treatment that is of a high standard and carried out by qualified professionals. Unfortunately, accidents do happen and if you have suffered an injury through medical negligence then there are steps you can take to claim for compensation.
Examples of medical negligence include undiagnosed fractures, this is when a patient is told they have suffered a sprained ligament as a result of injury when really it is a fracture. Often by the time the fracture is diagnosed properly it is too late to operate. Negligent cosmetic surgery, which can include poor aftercare and only being warned of risks the morning before surgery (not having time to think through options). Other examples of medical negligence include surgical errors, anaesthetic complications, cerebral palsy due to birth trauma and general practitioner cases. Common cases of medical negligence include accident and emergency negligence, often people are discharged with no diagnosis and then go on to suffer further pain, injury or disease. Unfortunately, another common claim is the neglectful treatment of the elderly in care homes – examples can be bruises, cuts or bed sores appearing on patients, lack of hygiene and weight loss.
You can claim medical negligence compensation against doctors (both hospital doctors and general practictioners), nurses, surgeons, midwives, carers and even pharmacists – as long as you have an injury which has been caused by the negligence, and you can prove it, then you have a case.
All medical procedures carry risk and patients are usually informed of these risks before they go through with their treatment. If these unfortunate risks do occur then medical negligence cannot be claimed (as you knew the initial risks before the procedure). Only if the standard of care falls below what is expected can there be a case – and the injury or damage caused from this negligence must be evident. Not all accidents during a medical treatment cause injury, if an accident did happen but was rectified, you cannot claim for medical negligence. On the other hand not all medical errors result in injury; if you are unfortunate enough to have an injury after medical treatment, you will need to be medically assessed to find out what happened during the treatment.
Most medical negligence solicitors charge on a no win no fee basis, this is because the solicitors are specialised in medical and clinical negligence and will know if your case will be successful or not. You will need a solicitor who is strong in the medical law field as medical negligence cases are relentlessly defended. There are a series of steps you must follow to claim, firstly, your medical records will be thoroughly checked by medical experts and you will then be assessed to discover whether the treatment you had can be classified as negligent or not. If you’re case is successful, the court proceedings will start but rarely do the cases ever go through with a full trial.
Author Bio: Ben Greenwood is writing on behalf of Pearson Hinchliffe, vastly experienced medical negligence solicitors in Manchester.
Category: Advice
Keywords: medical negligence, medical negligence claims, medical negligence compensation, compensation claims