Claims for Clinical Negligence

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If you have been injured as a result of a doctor or other medical practitioner’s mistake or error, then you may be entitled to claim compensation. Clinical or medical negligence occurs when the treatment or care provided to a patient by a doctor or other medical practitioner falls below the requisite standard of care, causing injury or death.

Types of medical negligence

We act for clients in a whole variety of claims arising out of medical or dental negligence, whether that be as a result of injury arising from surgical error, misdiagnosis or a delay in diagnosis, a wrongful administration of medication or a failure to advise of the risks associated with a particular medical procedure.

The legal test

Claims for medical negligence can be very complicated and require the expertise of a specialist medical negligence solicitor.  The legal test that requires to be satisfied is that the treatment or care fell below the requisite standard of care and that no medical practitioner acting with reasonable care would have adopted the same course of action as the medical practitioner in question.  It is also necessary to prove that the losses suffered were caused by that negligence. Your specialist solicitor will be able to guide you through the steps required to win your case.

What can I claim for?

  • Pain and suffering (both physical and psychological);
  • Expenses associated with any ongoing treatment;
  • Loss of earnings;
  • The costs of any adaptations required to be made to your home;
  • The assistance and help provided to you by family members following the harmful event.

Time limits

All claims for damages arising out of medical negligence must be brought within 3 years of when the negligence occurred, or within 3 years of when you first realised that you had suffered injury. In the case of a child, the 3 year time limit runs from the child’s 18th birthday. If the claim is about a patient who cannot manage their own affairs because of a mental disability, the 3-year period does not apply until (and unless) they recover from their disability. In both these cases, a parent or other person close to them can make a claim on their behalf.

NHS complaints process

It is advisable that you should make a formal complaint to the Complaints Department of the medical institution where the alleged negligence occurred as soon as possible after the harmful event. This can be very helpful in assessing whether or not there are grounds for a claim for medical negligence.

To make a complaint, you will need to contact the complaints department at your local NHS board, which you can find on NHS Inform. The NHS is obliged to acknowledge receipt of your complaint and to investigate it in a timely manner.

It is worth noting that complaints made to the NHS Board will normally only be considered if they are made within 6 months of the date on which the matter which is the subject of the complaint occurred, or within 6 months of the date on which the matter came to the notice of the complainant, but no longer than 12 months after the event itself.

Complaints received after this period may be investigated if the Chief Executive accepts that it would have been unreasonable for the complainant to make it earlier and where it is still possible to investigate the facts.

Why choose us?

Claims for medical negligence are notoriously complex and require the expertise of specialist solicitors. Our award-winning personal injury solicitors are highly experienced in this field and are here to guide you through the process every step of the way.

Email Jacqueline Raitt
Call our personal injury claims team free on 0808 560 0872
Arrange a callback by using our enquiry form

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