Making a Medical Negligence Claim

Making a Medical Negligence Claim

by Caleb James on 2 Sep, 2012

Medical negligence is a term which refers to injuries or illnesses that have been caused as a direct result of poor or delayed medical treatment. Making a claim for medical negligence can be a lengthy and complicated process, but speaking to professionals can help ensure your case is handled fairly and easily.

Medical negligence encompasses a range of situations, all of which can have adverse affects on those involved. The fact is that nobody is faultless, not even doctors, and therefore mistakes will occur. The important thing to remember is that these mistakes are in no way your fault, and any damage caused by them could entitle you to a claim.

The problem is that medical negligence claims are a sensitive area due to the nature of the situations they arise in. Many medical negligence claims are made in the wake of a recent bereavement – a time when family members are not always in the clearest frame of mind.

It is therefore vital that anyone considering lodging a claim for medical negligence speaks to professionals. Medical negligence solicitors are specialists within this area and will offer independent and fair advice to those who have received poor treatment.

Any errors which are caused through a lack of or poor communication, for example, could be easily avoided and therefore a claim for medical negligence may be possible. Other examples of situations which could count as medical negligence include:

• The failure to make a correct diagnosis which leads to increased suffering or illness.
• Delayed diagnosis which leads to increased suffering or illness.
• Errors during treatment that lead to injuries, such as during childbirth.
• The failure to obtain necessary consent before carrying out specific treatments or procedures.
• Poor surgical practice that leads to further complications or excessive scarring.
• Overmedication.
• Incorrect medication – such as administering medication which the patient is allergic to or will react with other medication they are taking.
• The failure to warn patients of all of the risks associated with treatments or procedures which they undergo.
• The misinterpretation of scans or results leading to an incorrect prognosis.
• The failure to abide by basic practices, such as using sterilised equipment, leading to complications and further illnesses.

The nature of medical negligence means that many people are unwilling to make a claim, but this should never be the case. Professional advice can often be obtained on a no-win-no-fee basis, meaning that you will not be charged if your claim is not successful.

This means that the financial concerns surrounding such claims can be alleviated, reducing the psychological pressures experienced by claimants. This can help to make the process of claiming easier to handle, resulting in more positive results.

It is important to remember that medical negligence can occur in all areas of healthcare and does not only refer to hospital treatment. Medical negligence can occur in both the NHS and private healthcare as well as in dental treatment, midwifery, physiotherapy and even psychological treatment. It is therefore important that if you feel you have not received the appropriate level of treatment or care that you speak to a medical negligence solicitor for advice on lodging a claim.

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About the Author

Caleb James

Caleb James is a financial advisor and journalist, who contributes regularly to financial blogs and industry publications.