Recognising Medical Negligence

Although, thankfully, medical negligence is not very common in the UK, there are times when, neglect can happen within a medical or care environment. It’s not always clear whether medical negligence has taken place so this article will look at how to recognise if you or a loved one has suffered due to neglect and what to do about making a claim for compensation.

What is medical negligence and how to recognise it

As the majority of us are not medical experts, it’s not always easy to determine whether you’ve been a victim of medical negligence. But here are a few situations that might suggest you’ve not received your treatment or care in a responsible way:

• You did not receive informed consent of a procedure or treatment
• You’ve suffered due to incorrect treatment or surgery
• You’ve had a condition misdiagnosed
• You were prescribed drugs which have made your condition worse
• You were given the wrong (or no) advice on aftercare

Any of these could have occurred at a hospital- by a doctor, surgeon or other medical professional, either privately or run by the NHS. Medical negligence claims can also involve dentists or mental health workers.

Seeking help

Asking for help to get the compensation you deserve can be daunting, especially at a time when you might be suffering from injury or ill-health. But if you think you’ve suffered from medical negligence within the past three years, you might be able to claim compensation with the help of a solicitor.

They will gather details of your claim and put this forward to a team of experts who will determine whether you have a case to proceed. You’ll need to be able to prove that your injury or suffering was caused by medical neglect and that it wouldn’t have happened otherwise. You will also have to be able to show that another medical professional wouldn’t have carried out the same actions that resulted in your suffering.

Compensation

Any compensation you receive will be based on the level of injury and losses you’ve suffered due to the incident. Aspects taken into account include:

• Your inability to work and earn as a result of negligence
• The severity of any injury or mental health suffering
• Any dependents who you need to provide for
• The impact of future earning potential

Each case is different, therefore there is no one set amount for a medical negligence claim.

What happens next?

The medical professionals accused of neglect will either accept or deny the claim which will determine whether the case goes to court or if compensation is awarded without court proceedings.

Whilst it can be a long and complex process, a solicitor can help you decide if you have a claim and if you want to pursue it.