Terms like ‘medical malpractice’, ‘negligence’, and ‘clinical negligence’ can be confusing for many clients. At Simper Law, our medical negligence team prides itself on demystifying the complexities of the law for our clients, and providing the support they need during what can be a difficult and overwhelming time.
Our health and well-being are vital, and when we put our healthcare needs in someone else’s hands, we do so with an expectation of competence, care, and compassion. Whether it is a routine GP appointment, major surgery, or maternity care, we trust that our NHS will keep us safe.
Thankfully, most of the treatment provided by the NHS meets the very highest standards. Unfortunately, though, errors can occur, and those errors can cause severe and avoidable harm to patients. When the care you receive falls below the standard expected by law, the situation can be referred to as ‘medical malpractice’, ‘negligence’, ‘medical negligence’ or ‘clinical negligence’. All these terms mean the same thing, and behind them are very human stories and people who are in need of answers, accountability, and the financial means to move forward from an incredibly traumatic experience.
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What Do The Terms ‘Negligence’, ‘Medical Malpractice’, ‘Clinical Negligence’, And ‘Medical Negligence’ Mean?
In essence, ‘negligence’, ‘medical malpractice’, ‘clinical negligence’, and ‘medical negligence’ arise when a medical practitioner, be it a doctor, surgeon, nurse, dentist, midwife, or therapist, provides treatment that falls below the standard expected of them by law.
Crucially, not every mistake amounts to negligence; the situation must satisfy a series of strict criteria to give rise to a legal claim. Those criteria are as follows:
- The individual concerned owed you a duty of care.
- The individual concerned breached their duty of care.
- You suffered harm as a result.
If all three criteria are satisfied, you may be entitled to compensation.
What Can Give Rise To A Medical Negligence Claim?
Some of the categories of claim with which our medical negligence solicitors routinely help clients include the following:
• Misdiagnoses And Delayed Diagnoses
Accurate and timely diagnoses are critical to a patient receiving the correct and effective treatment. When a diagnosis is delayed or symptoms are misinterpreted, the consequences for a patient’s prognosis can be devastating.
For example, if a heart condition is misinterpreted as anxiety and not properly investigated, there can be a delay in life-saving intervention. If a patient is not referred to a specialist or for tests promptly and it transpires that they are suffering from cancer, the delay in their diagnosis can cause the cancer to spread and reduce their chances of a favourable outcome.
In cases like these, the harm suffered by the patient can be significant, leading to prolonged pain, worsened conditions, and reduced recovery prospects.
• Surgical Errors And Complications
Despite the UK being an incredibly safe place to undergo surgery, operations always carry an inherent risk. ‘Medical malpractice’, ‘negligence’, and ‘clinical negligence’ in the context of surgery can range from small mistakes to catastrophic failures. Some examples include the following:
- Performing the wrong procedure.
- Operating on the wrong body part.
- Leaving surgical instruments inside the body.
- Damaging organs, tissues, or nerves.
- Inadequate sterilisation.
- Failing to monitor the patient properly during or after the operation.
Patients who fall victim to surgical negligence can face having to undergo further surgery, prolonged recovery, and severe emotional distress.
Mental Health and Psychiatric Care
Negligence in mental healthcare can be more difficult to recognise, but is no less serious than negligence in physical healthcare, and its impact can be catastrophic. Examples of the types of conduct that can constitute medical malpractice in the context of mental health include the following:
- Failing to identify or treat serious mental health conditions or suicidal thoughts.
- Prescribing the inappropriate medication, or the correct medication and an incorrect dose.
- Failing to properly supervise for vulnerable patients.
If inadequate medical care causes a mental health patient’s condition to worsen, leads to self-harm or even suicide, there may be cause to take legal action.
When Should You Speak To A Solicitor?
Medical practice and negligence claims are rarely straightforward. Many cases necessitate the gathering of detailed and complex medical evidence and expert opinions, and navigating complicated legal procedures. Having experienced solicitors by your side throughout the claims process can make a huge difference not only to the outcome of your claim, but also to the overall experience.
Our team specialises in supporting clients in bringing medical malpractice claims. We will guide you step-by-step, explaining what is needed and how it impacts your position in plain English. We understand the emotional toll a medical negligence claim can take on our clients, and we pride ourselves on coupling our legal expertise with a truly human touch.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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