What is medical negligence?
When you are treated by a medical professional, whether a doctor, nurse or dentist, you expect a certain level of care or a reasonable level of treatment. In some cases this reasonable level of care isn’t provided and can lead to illness of injury. If this is the case you may be able to bring a medical negligence claim for compensation.
Can you claim?
If you’ve been injured because of the actions or lack of them by a doctor, nurse, dentist or any other medical professional you may be able to make a medical negligence claim.
What can you claim for?
If you’ve suffered an injury or loss as a result of medical negligence then you can claim compensation for a number of different things:
- Physical & Mental Suffering – you’ve endured as a result of negligence and for the impact this has had on your quality of life
- Time you’ve been off work or been unable to work – you can claim for loss of earnings
- Further medical treatment & care – needed as a result can also be claimed for
- Any other costs – to you due to medical negligence
What do you need to prove?
In order to be successful in your claim you will need to prove two separate things:
- Fault – that the healthcare professional failed to carry out their responsibilities
- Avoidable harm (causation) – that this caused you to be in the position you are in now
When it comes to the fault element the most important thing is that the duty of care owed to you by the medical professional has been breached. It needs to be shown that the care or treatment you received fell below the standard expected of a reasonably competent and skilful specialist. This basically means that you weren’t given the care you would expect or treated in the way you could reasonably hope to be treated.
Causation / Avoidable Harm
The second element you need to show is that the fault caused you harm, rather than being a consequence of your underlying condition. In the field of medical or clinical negligence this can be the most important element of a case, especially in a situation where you may already have been injured or ill.
How much compensation will you receive?
The amount of compensation given for medical negligence claims depend on a number of factors. Such as the severity of the injury, loss of earnings and the impact it has had on your life
Surgery Related Injuries & Conditions
While in hospital we place our trust in the expertise and experience of medical professionals looking after us. Although for the most part they do an excellent job, sometimes things don’t always go according to plan. Even with the best will in the world mistakes can sometimes be made, and whilst this might not be a big deal in most professions, in the field of medicine a simple mistake can sometimes lead to catastrophic consequences.
You don’t have to look particularly far to find news articles describing examples of people having the wrong kidney removed, having surgical implements left inside of them, or even having completely unnecessary surgery performed. These mistakes are obviously regrettable and, considering the detrimental impact that they can have on peoples’ lives, it seems only fair that the victims are properly compensated.
How can this happen?
Despite the many safeguards in place to prevent mistakes from occurring, doctors and other medical practitioners are only human, and as such are prone to human error. In most industries this wouldn’t be such a big deal, however in the field of medicine, lives can potentially be ruined by such mistakes.
Sometimes an apology isn’t enough, particularly when you factor in the huge effect that surgery related injuries can have on one’s life as well as on the lives of those around them. If you’ve been the victim of an injury as a result of surgical malpractice or negligence, we will obtain fair and proper compensation for you.
What are surgical injuries?
Surgical injuries might include incorrect procedure, operating on the wrong part of the body or even leaving medical implements inside the patient. Injuries sustained as a result can be severely debilitating for a patient.
It is not our intention to discredit or undermine the medical profession, however at the same time we recognise that mistakes can happen, and when they do the person responsible for the error should be held accountable. More importantly, we feel that the victims of these mistakes are entitled to compensation for the suffering that they have had to endure as a result of an error that was not their fault.