What is Medical Negligence?

What is Medical Negligence?
BSC, LLB (Hons) & LPC Sophia Azam
Legally reviewed by: BSC, LLB (Hons) & LPC Sophia Azam In: Medical Negligence

What is Medical Negligence and can I Make a Claim?

What is medical negligence exactly, and can you claim compensation for experiencing this type of negligence?

In the most general definition, medical or clinical negligence is when a medical professional or institution does not fulfil their legal duty of care towards their patient, causing harm to that patient that could have been prevented.

If you have received substandard care from a medical professional, may that have been at your GP, the hospital, in care of a specialist or at the dentist, and you suffered avoidable injury or illness as a result, you are likely able to claim compensation.

Can I make a Compensation Claim?

In order to make a successful claim, we will have to be able to prove that the medical treatment you received left you worse off.

You may be able to make a medical negligence claim if you suffered as a result of:

  • Misdiagnosis
  • Being provided with the wrong treatment or medication
  • Delayed diagnosis
  • Substandard care resulting in injury or health problems worsening

It’s also important to know that there is a time limit on how long after the incident that you can make a claim. You must start proceedings within a three-year period. However, in very specific circumstances, there might be instances in which you can make a claim outside of the time period.

Here at AWH Solicitors, our trained solicitors have plenty of experience helping our clients claim compensation for the medical negligence they experienced. We can make the claims process as simple as possible, so you can have the chance to really focus on what matters the most to you.

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What is Medical Negligence?

What is Medical Negligence?

Medical negligence claims can be roughly judged based on something known as the 4 D’s of Medical malpractice. These are:

  • Duty

During their extensive training, doctors are taught all the various criteria that they must fulfil when they are treating patients. This doesn’t just include the medical expectations of their care – it is also the professional manner in which they are expected to communicate with their patient.

  • Derelict

Dereliction is the official term for when a medical professional is considered to have broken their duty of care to the patient that they are treating.

  • Direct Cause

In order for a medical malpractice claim to be filed, it must be able to be proved to have directly been the fault of a medical professional.

  • Damages

The damages that you could win in your medical negligence claim will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses.

If you are unsure as to whether you may be able to make a medical negligence claim, our solicitors can help you with understanding what you might be entitled to.

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How Long will my Claim Take?

It is difficult to be able to exactly gauge how long the entire negligence claim process could take in your individual case, but there are two steps in the overall process. These two steps are:

  • Uncovering and proving exactly who was responsible for your injury or illness, and therefore proving liability
  • Then, providing the medical evidence for exactly how the negligence has affected you physically

When some cases are being assessed, it can take slightly longer for liability to be decided and this means that the process can be extended.

As another general rule, the more severe that your injuries are, the longer it could potentially take to be resolved. It is very beneficial to have the right legal support throughout this process, as your expert team can help you understand the different medical examinations that you may have to undergo in order to provide the physical evidence for your case.

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Contact our Negligence Experts and get Started your Claim

Our solicitors are highly trained in dealing with medical negligence claims and can support you fully through every step of the process.

Get in touch today and find out how much you can claim.

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