22/02/2024

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Clinical Or Medical Negligence Claims in the UK

Clinical Or Medical Negligence Claims in the UK

Medical negligence is where doctors or any other professional in the medical profession have been found in breach of a duty of care. For example if a doctor failed to diagnose a medical condition or diagnosed the wrong condition this would be classed as medical negligence.

Doctors, dentists, midwives, nurses, physiotherapists, psychologists and psychiatrists all have “duty of car” to ensure their patients receive the correct treatment in a proper ethical manner. If you or someone feels that they incurred an injury or suffered emotionally because one of these medical professionals not doing their job probably then you maybe able to make a medical negligence claim against them or the organisation they work for. Maybe the treatment you received went wrong in which case the treating doctor is required by his governing body the “General medical Council” to inform the patient that the treatment went wrong. At the very least you are entitled to an explanation.

Injuries such as these can arise out of for example, cancer treatment, accident and emergency treatments, anaesthetics, cardiothoracic surgery, cardiology, gastroenterology, oncology, keyhole surgery, mental health, neurosurgery, obstetrics and gynaecology, oncology, ophthalmology, orthopaedics, paediatrics, plastic surgery, psychiatry, sterilisation, urology, dentistry, vascular surgery and the list goes on. Also if you or a family member suffered brain damage or psychological injuries like nervous shock or the worst scenario death these are fine examples of medical/clinical negligence.

It is not just patients of the NHS, those who were treated in private hospitals as private patients will also be able to claim for breach of contract if your medical treatment was substandard.

Claiming financial compensation for clinical or medical negligence can be quite a lengthy and complex matter. Because of which it is paramount that you enlist the help of a professional personal injury specialist. If this puts you claiming it shouldn’t. When someone claims for personal injuries (compensation) for a road traffic accident it is generally easy for your personal in jury lawyer to establish who was at fault and whether the injuries were due to that accident. If the accident wasn’t your fault, and your injuries were obviously related to the accident (like whiplash), you will have a strong case. With claims against the medical profession the claimant will need to obtain medical records and get statements to prove that:

o That there were serious errors in your medical treatment which no competent doctor would have made
o The doctor or other healthcare professional owed a duty to take care of the claimant and not cause injury
o There was a breach of that duty to take care
o That breach of duty has caused harm to the claimant
o Damage or other losses have resulted from that harm

Claiming compensation for clinical/medical negligence is your civil and legal right. Without claiming you could be putting someone else at risk. Sadly it take unfortunate situations like a medical error of judgement to occur for people in the medical profession to wake up and make changes to their practice to ensure this type of malpractice doesn’t happen again.