Even for a solicitor, medical negligence is a complex area of law which takes significant experience to master. At Simper Law, our medical negligence solicitors are experts in this niche area of law. They possess the expertise and experience required to ensure you recover the compensation you deserve, and will support and guide you as you navigate the process to secure it.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”
What Is Medical Negligence?
Medical negligence, which you might sometimes see referred to as ‘clinical negligence’, occurs when a doctor, nurse, surgeon, dentist, or any other healthcare professional provides a level of care that falls below the legally acceptable standard. If their failing causes you to suffer injury or illness, or worsens an existing condition, you may be able to make a medical negligence claim against them.
Medical negligence can arise in a wide variety of situations. Just some of the types of claims with which our medical negligence solicitors frequently deal include the following:
- Claims arising from misdiagnosis or delayed diagnosis. For example, if a doctor negligently failed to diagnose cancer and your prognosis was worse as a result, you may be able to make a medical negligence claim against them.
- Claims arising from surgical errors. Surgical procedures are heavily regulated in the UK, and errors are rare. That said, they do happen. If, for example, the surgeon operated on the wrong body part or left a surgical instrument in your body, you may be able to make a medical negligence claim against them.
- Claims arising from prescription or medication mistakes. For example, if you were prescribed medicine to which you were known to be allergic, or given the incorrect dosage, you may be able to make a medical negligence claim against those responsible.
How Do You Prove Medical Negligence?
Proving medical negligence can be difficult. Not only do you need to prove that the medical professional’s standard of care fell below that expected of someone in their position, but you must also show that their failings caused the problems you experienced.
Medical professionals often defend medical negligence claims by arguing that the outcome for the patient would have been the same regardless of what they did or did not do. For example, a defendant in a delayed cancer diagnosis claim may argue that the patient’s prognosis would have been no better had their condition been identified sooner. If they can produce evidence to prove that this was the case, the claim against them would likely fail.
Your solicitor for medical negligence will work closely with a medical expert to build a robust case showing that the damage you suffered resulted from the medical professional’s failings. The expert will likely examine you and produce a report detailing their opinion on key issues, such as how your injury or condition arose, how the medical professional’s actions affected or caused it, and your prognosis.
How Much Compensation Will You Receive?
The amount of medical negligence compensation you will receive depends on the unique facts of your case. It will be comprised of two elements, known as general and special damages.
Your general damages award will compensate you for your pain, suffering, and loss of amenity. There are guidelines that indicate what would be a reasonable level of general damages in specific cases, which your solicitor for medical negligence will refer to. However, it is important to understand that the guidelines are merely a starting point. Your compensation will reflect how your injury or condition affects you. Someone with a very similar claim may be affected by their injury or condition in a different way from you, and your compensation awards would not the same.
Your special damages award will compensate you for any financial losses the medical practitioner’s negligence caused. For example, if you had to take time off work to recover, you can claim for your loss of earnings. If you had to travel to medical appointments, you can claim your travel expenses. In severe cases, a medical practitioner’s negligence may necessitate extensive home alterations. You may even need to move to a new home. For example, if the medical negligence left you unable to walk, your home may need to be altered to accommodate a wheelchair, or you may need to move into single storey accommodation. Your special damages claim will include an amount to make good all these financial losses, subject to them being reasonable.
If you believe that you may have cause to make a medical negligence claim, our specialist team is on hand to help. They offer exceptional legal support with a personal touch, and will work tirelessly to ensure that you receive the
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“Simper Law gave my family honest and straightforward advice. In a difficult time they were professional and showed empathy. Above all else their client care was faultless.
Thank you.”
