Most medical professionals take great care of their patients, but sometimes things can go wrong. If a health professional’s actions or lack of action cause you harm, it could be clinical negligence and you may have the right to claim compensation.
Medical misdiagnosis: when a healthcare professional fails to correctly identify or diagnose a patient’s symptoms. This can lead to a delay in getting treatment and can also mean you receive the wrong medication or an overdose. Surgical error: when a healthcare professional makes a mistake during surgery and causes injury or additional damage. Examples include operating on the wrong body part, leaving a piece of equipment inside you after an operation and cutting or damaging blood vessels during surgery. Prescription error: when a healthcare professional fails to correctly prescribe a medicine or supplies the wrong medication. Birth injury: when a healthcare professional’s actions or lack of action during pregnancy or childbirth cause a baby to be born with injuries as a result of poor care.
When you suffer harm as a result of clinical negligence, you can apply to a specialist solicitor who can help you make a claim. Your solicitor will guide you through the process and ensure that all of your legal rights are protected.
The process for making a LA Med Negligence Help claim can vary depending on the situation, but there are general rules and time limits that you must adhere to. For example, you normally have three years from the date of the alleged negligence or from when you became aware of the negligence to make a claim or risk being deemed as ‘statute-barred’ and ineligible for compensation.
To have a successful medical negligence claim, it must be proven that the health care provider breached the accepted medical standard of care. This is the legal yardstick that judges the health care provider’s conduct, and it must be established by expert opinion from a qualified medical professional.
In addition to proving that there was a breach of the accepted medical standard of care, you will also need to demonstrate that the breach directly caused your harm and increased the severity of your injuries. The best way to do this is through the detailed evidence that a solicitor will gather on your behalf, such as medical reports and witness statements.
When you win a medical negligence claim, you can be awarded damages to reflect your pain and suffering and any financial losses that you have incurred or will incur in the future as a direct result of the incident. These might include loss of earnings and pension, costs for care and support, and adaptations to your home. It is also possible to receive special damages, which are extra payments to help you compensate for the impact that your injuries have on your daily life. In some limited circumstances, you might be able to apply for legal aid to help with the cost of your claim. Your solicitor will explain this in more detail during your initial consultation.