At Simper Law, we have a team of solicitors who deal with medical negligence claims on behalf of our valued clients. As trusted members of our local communities, our medical negligence solicitors work tirelessly to ensure that anyone who has received substandard medical care has access to the treatment they need and secures the compensation they deserve.
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Understanding Medical Negligence
We all place immense trust in the medical professionals responsible for our care, and rightly so. In the vast majority of cases, the medics working for the NHS and privately do a superb job of keeping us and our families safe, providing the care and treatment we need, whatever our illness or injury.
However, things can, and do, go wrong. When medical professionals do not provide the level of care expected of someone in their position, they may be liable for medical negligence. The consequences of medical negligence for patients and their loved ones can be catastrophic. If you have been the victim of medical negligence, you may be entitled to compensation, and our solicitors who deal with medical negligence claims are ideally placed to assist you in securing it.
Common Types Of Medical Negligence Claims
The types of care and treatment medical professionals provide are wide and varied, and as a result, so too are the mistakes that can be made. Some of the more common types of errors that give rise to medical negligence claims include the following:
• Medication And Prescription Errors
Incorrect dosages, prescribing the wrong medication, or failing to account for allergies can have severe consequences for a patient. In some cases, these errors can give rise to a medical negligence claim.
• Birth Injuries
Mistakes during pregnancy, labour, or delivery can lead to injuries for both mother and child. Conditions such as cerebral palsy, Erb’s palsy, or brain damage may result from delays in responding to foetal distress or improper use of forceps. Birth injury claims can warrant substantial damages, since the baby may have lifelong care needs that the compensation will need to cover.
• Anaesthetist Errors
Anaesthesia carries an inherent risk, but if the injury or harm you suffered was avoidable and resulted from negligence, you may be entitled to compensation. Some instances in which an anaesthetist’s conduct can amount to medical negligence include dosage errors, failing to identify and manage risks, and airway management mistakes.
• Misdiagnosis Or Delayed Diagnosis
A wrong or delayed diagnosis can have life-changing consequences for a patient and their loved ones. For example, if a medical professional misses the early signs of cancer or misinterprets test results, their mistakes can reduce a patient’s treatment options and affect their survival rates.
The Role Of Solicitors Who Deal With Medical Negligence
Pursuing a claim for medical negligence can be complex. Solicitors who deal with medical negligence not only provide legal expertise but also offer their clients vital emotional support throughout the claims process.
The role of solicitors who deal with medical negligence includes the following:
- Investigating the issue. Solicitors who deal with medical negligence will begin by assessing the merits of a potential claim. This likely involves discussing the matter in-depth with the patient. obtaining copies of their medical records, consulting independent experts, and reviewing all the available evidence.
- Assessing liability. Solicitors who deal with medical negligence must determine whether the medical professional’s actions fulfil the legal criteria applicable to negligence claims.
- Calculating damages. If it appears that the medical professional acted negligently, the solicitor will estimate the compensation appropriate in the unique circumstances of the case. That compensation will cover physical pain, emotional suffering, and loss of amenity, as well as financial losses, such as loss of earnings, rehabilitation costs, and ongoing care.
- Negotiating settlements. Most medical negligence claims are resolved without the client ever having to go to court. Solicitors who deal with medical negligence are experts at securing excellent settlements for their clients through negotiations with NHS Resolution or the medical professional’s insurers.
- Representing clients in court. If necessary, solicitors who deal with medical negligence will pursue the claim through formal litigation to secure fair compensation for their clients.
Time Limits For Making A Claim
Medical negligence claims are subject to strict time limits. Usually, a patient has three years from the date the negligence occurred or when they became aware of it to issue legal proceedings.
There are some notable exceptions to this general rule, which include the following:
- For children, the three-year limit does not start until their 18th birthday. Their parents or other caregivers can make a claim on the child’s behalf in the meantime.
- For those lacking mental capacity, there is no time limit unless capacity is regained.
If you miss the applicable deadline, you will be unable to make a claim, even if your medical negligence solicitor believes that you have a strong case. Accordingly, it is crucial to seek legal advice as soon as possible to ensure that you do not inadvertently lose your right to compensation.
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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