Can I Claim For Medical Negligence

When medical treatment goes wrong, it can be difficult to know whether it was just bad luck or whether the conduct gives rise to a medical negligence claim. If you are searching for answers to ‘Can I claim for medical negligence?’, our specialist medical negligence solicitors are ideally placed to help.

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What Counts As Medical Negligence?

Medical negligence happens when:

A healthcare professional owes you a duty of care.
They breach that duty by providing sub standard care.
Their breach causes you injury or makes an existing condition worse.

In everyday terms, the above conditions might be satisfied in the following circumstances:

Delayed or missed diagnoses because red flags were overlooked.
A surgical error that was avoidable with reasonable care.
Incorrect medication or incorrect dosage.
Poor management of pregnancy or delivery that causes harm to the mother or baby.

A key point is that a bad outcome by itself is not enough to give rise to a medical negligence claim. The law focuses on whether the care you received fell below the standard expected of a reasonably competent professional in the same position as the one who treated you, and whether those failings directly caused the harm you suffered.

Medical professionals often defend claims on the basis that, while their conduct may have been substandard, the outcome would have been the same even if they had treated the patient properly. Cases like these rely heavily on evidence from expert medics, who review the case and provide their opinion on whether the defendant’s position has any merit.

How Do I Know If I Have A Claim?

The only way to know for sure whether you have grounds to make a medical negligence claim is to seek advice from specialist medical negligence solicitors like ours, who will assess your case in the context of the legal requirements. However, there are some practical initial questions you can ask yourself. They include the following:

Did something happen that seems wrong or avoidable?
Has the care you received caused you to be in a worse position than you would have been in had you received proper treatment?
Have you required further treatment as a result if the care you received?
Have you had to take time off work following your care?
Has the treatment you received caused you difficulties with carrying out everyday tasks?
Has the medical professional involved been able to explain what happened, and does their explanation make sense?

Answering ‘yes’ to the above questions does not mean that the answer to the question ‘Can I make a medical negligence claim? ’is also ‘yes’. It does, however, indicate that you should seek specialist legal advice. Our medical negligence solicitors will review your medical records, obtain expert opinions, and provide you with an honest assessment of your prospects.

What Should I Do If I Am Considering Making A Claim?

If you think you may have suffered due to medical negligence, taking the following initial practical steps can help:

• Write Down Your Account Of What Happened

Making a note of events while they are still fresh in your mind can be invaluable if you decide to pursue a medical negligence claim. Make sure to include key details, such as names, dates, and key conversations.

• Keep A Note Of Your Symptoms

While our solicitors will likely arrange for you to be assessed by an independent medical expert, keeping a note of your symptoms can act as a useful reference point in any medical negligence claim you bring.

• Keep All Receipts And Other Documentation

Your compensation claim will include an amount for your financial losses. To prove those losses, you should keep all receipts, invoices, and any other relevant documentation.

• Contact A Medical Negligence Solicitor

You do not need to decide immediately to go ahead with a claim, but talking to expert medical negligence solicitors like ours will give you a clear picture of your rights and options. Bear in mind that medical negligence claims are subject to strict time limits, as we explain below.

Is There A Time Limit For Making A Claim?

Yes, strict time limits apply to medical negligence claims. In most cases, you have three years from the date you received the negligent treatment, or the date on which you first realised that your injury or worsening condition could be linked to negligent care.

There are some important exceptions to the three-year time limit. They include the following:

• Children

If the patient is a child, their family can make a claim on their behalf. If they do not do so, the child can start legal proceedings themselves when they turn 18. They then have three years from their 18th birthday to make a claim.

• Adults Who Lack Mental Capacity

The three-year time limit does not start running until the patient has the requisite mental capacity to start legal proceedings.

• Fatal Cases

Special rules apply to cases involving medical negligence that led to the patient’s death. Our medical negligence team will explain these rules to you during your first meeting.

The time limits applicable to medical negligence claims are incredibly strict, and the court very rarely extends them. Accordingly, if you are concerned that you may have been the victim of substandard medical treatment, the earlier you seek legal support, the better. Even if you are undecided about making a claim, speaking with a specialist solicitor will ensure that you have all the facts you need to make an informed choice, and you do not miss the deadline if you decide to proceed.