What is medical negligence?
Medical negligence is a broad term used to describe errors, accidents or sub-standard care by medical staff or hospitals. Medical negligence cases include:
- NHS or private hospitals
- Healthcare treatment centres such as walk-in-clinics or GP surgeries
- Other forms of medical treatment such as rehabilitation centres or physiotherapists
Clinical negligence is another name for medical negligence and refers to the same errors, accidents or sub-standard care you may have received by a medical professional.
Claiming for medical negligence
When you contact us about your experience, we’ll offer you free, impartial advice about making a claim and the help we can offer. If you decide you’re ready to start a claim, we’ll then put you forward to a specialist solicitor who has experience working with cases like yours.
They’ll then talk through the details of your case and let you know if you can make a no win no fee claim.
If you’re happy to go ahead, your specialist solicitor will then contact the party who is responsible for your accident, and work to prove that the care you received was below the legal “duty of care” standard. To do this they’ll typically look at three things:
Breach of duty
This involves proving that your doctor, or the medical professional who treated you, provided care that was below the standard of a competent doctor or professional in the same specialism. This may also be referred to as “fault” because your healthcare provider failed in their duty to you.
This involves proving that your doctor, therapist or nurse caused your injuries by providing sub-standard care.
This is about proving your injury experience has caused physical, mental and financial damage to you. Your solicitor will also use this to help negotiate your compensation
What is “duty of care”?
When you visit a hospital, see a doctor or physiotherapist, you are protected by their legal duty of care. This is a legal and moral obligation to keep you safe and take reasonable care to avoid causing you harm. Every medical professional who offers you advice or treatment has this duty to you.
While we know that in many cases hospitals, doctors and nurses carry out their work to a high standard, sometimes negligence does happen and it can have life-changing consequences for you and your family. Particularly when a medical professional’s negligence leads to a misdiagnosis, delayed treatment or a serious injury.
If you think you’ve suffered due to medical negligence, or a medical professional has failed to uphold their duty of care to you, then we can help make it right. You can get in touch with us on 0800 540 4258 for free, impartial advice.
Who pays your compensation
If your compensation claim is successful, your settlement will be paid by the insurance covering your doctor, nurse or medical professional. Because of this, you don’t need to worry about your claim leaving someone with a bill they can’t afford.
Types of medical and clinical negligence
Because medical and clinical negligence are broad terms to describe a wide-range of experiences, we know that you might want more specific information on your type of negligence.
You can contact us for free, impartial advice about your experience on 0800 540 4258 . One of our friendly, legally trained advisors will talk through your experience with you and can let you know whether they think you can make a claim.
Alternatively, if you’re not ready to speak to anybody yet, our website has information about the different types of clinical and medical negligence.
Misdiagnosis or delayed diagnosis
We know that when you seek help, the last thing you want is for your diagnosis to be wrong.
Misdiagnosing or failing to diagnose something in time can have life-changing consequences for you and your family. And in severe cases can be a fatal mistake.
If you’ve suffered a delayed treatment, prolonged pain or further health complications because of a delayed diagnosis or a misdiagnosis, then we can help you make it right.
Read more about our work with delayed or wrong diagnosis claims here.
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Medication and prescription errors
Taking the wrong medication or dosage of a medication can have serious side-effects to your physical and mental health.
While receiving the wrong medication isn’t medical negligence, taking the medication and suffering side-effects or health-complications because of it, is.
Pregnancy or birth related injuries
Negligence during pregnancy and birth can lead to severe and life-changing conditions for both mother and child.
Whether you’re reading this for your own information or on someone else’s behalf, it feels wrong to us that somebody who has suffered such negligence may go unsupported into their future.
We know compensation can make a real difference to a child’s life following a birth injury, and we also know that it can take a long time to recover.
We can help make it right for mother and child if an injury has been caused by negligence during birth or pregnancy. Call us for free on 0800 540 4258 for impartial advice. Or read more about pregnancy and birth related injuries here.
Contact us for free, impartial advice
If you’re not sure whether you can make a medical negligence claim, or you’re looking for advice on what your options are, we can help.
Over our 20+ years, we’ve helped more people than any other personal injury service by providing them with the advice and support they need.
We’re committed to helping you make it right, but we’ll never rush or pressure you into making a claim. Instead, we’re here to offer advice about how we can help you, and to take you through the next steps if you decide to go ahead. You can reach us on 0800 540 4258 .