Medical negligence, or clinical negligence, as it is also often called, refers to injuries received as the result of a medical professional’s actions or lack thereof. Medical professionals include:
- Health practitioners
- Therapists and so on
Defining clinical negligence
Medical professionals have a legal duty of care towards patients. Failure to provide adequate care, or breach of duty of care, constitutes clinical negligence. This may, for example, consist of:
- Delayed or incorrect diagnosis reducing the patient’s ability to recover
- Administration of incorrect/inappropriate medication and or treatments
- Surgical errors
- Use of defective/ineffective medical equipment or products
- Inadequate monitoring during pregnancy/labour causing harm to mother and/ or child
Making a medical negligence claim
A Medical negligence claim may be brought forward if a patient has suffered harm as the direct result of breach of duty of care by medical professionals. For claims to be successful, they must be initiated within three years of the incident. It must also be proven:
- That a breach of duty occurred
- That the breach of duty caused the patient’s injury/suffering
Who was responsible for the incident and the extent of the injury/harm to the patient, as well as short and long term effects thereof, also need to be established.
It is therefore vital to keep careful records of:
- The who, what, when and where of the incident
- Injuries suffered
- Treatments, procedures and or care required to rectify received injuries
- Associated expenses; such as loss of earnings, childcare, home help, and so on
An assessment of the injury by medical negligence and its effects by an independent medical expert will also be required.
Proving medical negligence and resulting injuries requires experience and expert knowledge. If you were injured due to clinical negligence, it is subsequently of vital importance to get expert legal assistance.
You can get this assistance by calling Accident Advice Helpline. Available 24/7, this legal firm offers free confidential advice and, if a claim is justified, ensures you get a solicitor with years of experience in the field of medical negligence claims.
Operating under a 100 per cent conditional fee agreement (no win no fee*), this solicitor will guide you through the entire process of your claim for clinical injury. His or her experience and specialist knowledge will ensure you receive the compensation you are entitled to as quickly as possible. How long this will take and how much you will ultimately receive depends on your injury and its extent and effect on your life.
So for expert legal advice about a possible claim call Accident Advice Helpline today on: 0800 689 0500 from a landline or: 0333 500 0993 from a mobile.
Date Published: November 4, 2013
Author: David Brown
Category: Medical negligence claim