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Clinical negligence (as it is now known) is one of the most complex areas of law that there is. Medical accidents do occur when treatment is provided and when this is due to negligence, compensation is payable. Cases of this type should only be dealt with by solicitors who have the required legal and medical training. Awards of compensation in this category tend to be high due to the consequences that follow such a medical accident.
Doctors and other Medical Professionals can and do make mistakes.
Where those mistakes arise out of the failure to exercise reasonable skill and care compensation may be payable.
Damages for medical negligence can run into millions of pounds.
The effects of medical negligence can range from short-term minor problems to those that are catastrophic or life-ending.
As this is a complex area of law you need the best advice to ensure that you have the best opportunity of obtaining compensation; Medical Professionals retain lawyers experienced in such claims and so should you.
Those who work in the medical profession, have a "duty of care" to ensure their patients receive the correct treatment in a proper manner. In the majority of cases, medical professionals carry out their work to a high standard - however, sometimes mistakes do happen and patients can suffer as a result. If someone feels they have incurred an injury due to the actions (or lack of actions) by a doctor/nurse/surgeon/dentist, then they may be liable to make medical negligence claims (clinical negligence claims).
Medical negligence claims can vary from mis-diagnosis, delay in diagnosis which resulted in an injury, surgical errors, neglect and injuries to a mother or child during childbirth (birth injury claims).
The compensation amounts that you can receive following a successful medical negligence claim depends on many factors including the severity of the injury caused, salary (if your normal salary is high and you cannot work as a result of your injury, then you would expect more compensation), the number of financial dependents you have etc.
For a successful medical negligence claim you have to show that the medical negligence occurred as a direct result of the treatment (or lack of it). It needs to be proven that the medical negligence was caused by careless procedures, and fell short of generally accepted medical and surgical standards on the part of the medical practitioner.
Then - and this is often the hardest part - you have to show that the effect of this was definitely caused by the negligence, and was not something which would have occurred anyway as part of the illness or injury, or a rare medical complication of even very careful treatment.
For all medical negligence cases, doctors specialising in that detailed area of medicine are asked for professional medical opinions which are the evidence on which the medical negligence compensation claim is brought.
Compensation awarded in medical negligence cases is assessed by the courts based on an assessment of what has happened compared with what would have happened had the treatment gone according to plan. Many medical negligence cases are settled before they get to court based on an estimate of what a court would award, going by earlier awards in similar medical negligence cases.
If you consider that you have a potential claim for compensation arising as a result of medical / clinical negligence, then do not hesitate to contact us for free legal advice.