Medical Negligence Claim(s)

Medical Negligence Claim(s) When we seek medical help, we rightly expect a high level of care and treatment. Most of the time, that is exactly what we get. However, sometimes things go wrong, and when they do, you may have cause to make a medical negligence claim seeking the compensation you deserve. As specialist medical negligence solicitors, we can help you work out whether what happened to you was negligent, what your options are, and how to secure the compensation and support you need.

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What Is Medical Negligence?

Medical negligence occurs when a healthcare professional provides care that falls below the standard reasonably expected of a competent practitioner in their position, and you suffer avoidable harm as a result. Medical negligence can happen in NHS hospitals, GP surgeries, dental practices, private clinics, care homes, and other healthcare settings.

To bring a successful medical negligence claim, you must usually show three things:

that you were owed a duty of care
that this duty was breached, and
that the breach caused your injury or made your existing condition worse

We can help you assess each of these elements and advise you clearly on whether you have a viable claim.

Common Examples Of Medical Negligence Claims

Medical negligence can take many forms, and no two cases are exactly alike. However, there are some types of medical negligence claims that arise more commonly than others. They include the following:

Misdiagnosis or delayed diagnosis, for example, where a serious condition such as cancer, stroke, or sepsis is missed or diagnosed too late, leading to more invasive treatment or a worse outcome.
Substandard maternity care, including poor monitoring of mother or baby, delays in performing a caesarean section, or failures during labour that result in birth injuries.
Prescription and medication errors, such as giving the wrong drug, the wrong dose, or failing to check interactions with existing medication.
Poor treatment in care homes, leading to issues such as pressure sores, falls, and medication issues affecting vulnerable residents.

If you recognise your own experience in any of these examples, or something similar has happened to you or a loved one, we can help you explore whether a medical negligence claim is appropriate.

What You Need To Prove In A Medical Negligence Claim

In every medical negligence claim, the law focuses on whether the care fell below an acceptable standard and whether that failing caused your injury.

First, we look at the duty of care, which will almost always exist where there is a doctor- patient relationship. Second, we consider breach of duty, which is assessed against what a reasonably competent body of medical practitioners would have done in the same circumstances. Finally, we have to prove causation, which means showing that you would not have suffered the same injury, or would have suffered a lesser injury, if proper care had been provided. Satisfying these requirements usually involves obtaining and analysing your medical records, instructing appropriate independent medical experts, and setting out the evidence in a way that supports your case.

Time Limits For Making Medical Negligence Claim(s)

There are strict time limits for starting a medical negligence claim, so it is important not to delay in seeking advice.

In most cases, you have three years from the date of the negligent treatment, or from the date you first knew, or reasonably should have known, that your injury was linked to potential negligence. Different rules apply to children, where the three-year period usually runs from their 18th birthday, and to people who lack mental capacity, where time may not start to run until capacity is regained.

The key point is to take legal advice as soon as you feel up to doing so. Even if the three-year deadline seems far away, medical negligence claims can take some time to prepare, so the sooner we get started, the better.

How We Can Help

If you believe that you have suffered avoidable harm as a result of substandard medical treatment, it is important to seek specialist advice as early as possible so that crucial evidence can be preserved and time limits protected. We can help you make sense of what has happened, obtain answers from the healthcare provider, and pursue the compensation you deserve.

Our medical negligence solicitors will take the time to listen to your story and understand your priorities, whether that is funding future care, securing financial stability, or simply achieving recognition that the treatment you received fell below an acceptable standard. We will work tirelessly to hold those responsible for the harm you have suffered to account, and we will support and guide you every step of the way.

To discuss a potential medical negligence claim in confidence, you can contact us for an initial consultation, and we will explain how we can support you through the process.