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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    How do I claim for medical negligence?


    We all trust medical professionals to give us correct treatment when we seek their help. Patients are owed a duty of care by health practitioners and should always expect to receive a reasonable standard of medical care from them. In cases where the treatment you have received has fallen short of this standard and you have suffered injury as a result, you are entitled to claim for medical negligence or clinical negligence.

    You can claim compensation for different types of medical negligence including:

    • Wrong diagnosis or failure to correctly diagnose a condition.
    • Making a mistake during surgery.
    • Prescribing the wrong medicine or incorrect medicine administration.
    • Failure to obtain your consent for treatment.
    • Failure to warn you of the risks of a particular treatment.

    Medical negligence is very serious and can lead to severe injury, mental or physical impairment, and even death. Claims for medical negligence can be made against all health practitioners including nurses, doctors, surgeons and dentists.

    Such claims seek to compensate you for any loss of income caused by your injury and to reimburse any money spent on resulting medical treatment and care. You should also be compensated for any pain and suffering you have endured due to the sustained injuries.

    Requirements for a successful claim

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    In order to claim medical negligence compensation, you (as the injured party) need to prove the following:

    • That the medical practitioner failed to exercise reasonable care when treating you. This means the health professional was negligent in his or her duty.
    • That you sustained injury as a direct result of this negligence.

    How to claim for medical negligence?

    If you have been a victim of medical negligence within the past three years and you sustained injuries as a result, then you are entitled to claim compensation. The following are the steps involved in filing a claim for this kind of compensation:

    1. Gather all the information you can to support your claim. It is important to keep all useful records, including copies of prescriptions, receipts of any expenses incurred, and all correspondence you received relating to any filed complaints.
    2. Speak to a specialist solicitor as soon as possible. The solicitor will examine your evidence, as well as your medical records, to see if you have a valid case and to gather as much information as possible to support your compensation claim.
    3. Your lawyer will then send your medical records to a medical expert for an opinion on whether medical negligence occurred.
    4. If this medical expert suggests that there was medical negligence involved, the solicitor will inform the medical authority that treated you that a claim for compensation is to be instituted against them.

    Claim compensation now

    If you believe you need to file a claim for medical negligence, call Accident Advice Helpline on 0800 180 4123. We have a team of more than 150 specialist solicitors with a wealth of experience in dealing with medical negligence compensation claims. All our solicitors work on a 100% ‘no win – no fee’ basis. Call us today and let us help you receive the maximum compensation you deserve.

    Date Published: September 26, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.