Unfortunately, at times, some of us will require medical attention, be it GP services, emergency care or acute hospital services. In cases such as these, we have a right to receive appropriate medical treatment and hospitals (as organisations) and their staff members have a legal duty of care.
Medical negligence, or clinical negligence as it is sometimes called, occurs when a medical professional or their employer fail to meet their legal duty of care. This can either result from them not acting suitably in accordance with the condition at hand or simply by omission, lack of medical attention.
In a case such as this, the patient can file a claim against the individual doctor or nurse for their medical-related incident; however, claimants can only try to claim for the effect the medical negligence has had on them, they cannot fight for a change in practice or call for a member of staff to be disciplined.
For your case to be eligible for personal injury compensation, you must be able to prove that:
- A duty of care was owed to the claimant.
- This duty of care was not provided.
- The claimant has suffered harm as a result of their lack of care.
- This harm has caused losses or other damage for the claimant.
It is usually recommended that the incident that caused your injury occurred within the last three years, though there are some exceptions.
If you are still unsure of whether you have a case that would be eligible for personal injury compensation, a law firm such as Accident Advice Helpline can help.
Accident Advice Helpline
Accident Advice Helpline has over 15 years’ experience in assisting victims of personal injury. Working on a no win no fee* basis, Accident Advice Helpline can assess the details of your case and advise if it is likely that your claim would succeed, should you wish to proceed.
Going forward, Accident Advice Helpline will then assign your case to a suitable solicitor who will manage your case on a no win no fee* basis, with the primary aim of helping you claim the compensation you are entitled to for the medical negligence you have experienced.
Date Published: March 12, 2014
Author: David Brown