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?
Here at AWH Solicitors, our trained solicitors have plenty of experience with assisting in medical negligence cases. We can make the medical negligence process as simple as possible, so you can have the chance to really focus on what matters the most to you.
Contact us today for expert advice on your medical negligence claim.
What is medical 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. Apart from in very specific cases, medical negligence is often present in situations where the correct procedures have not been followed, and a patient has therefore come to harm.
Medical negligence claims can be roughly judged based on something known as the 4 D’s of Medical malpractice. These are:
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.
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.
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.
Can I make a compensation claim?
If you have suffered from an injury, illness or condition because of the direct negligence of a medical professional then you can very likely make a claim.
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. In very specific circumstances, there might be instances in which you can make a claim outside of the time period, but you will need the advice of a professional legal advisor to guide you through your specialist case.
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.
Contact our Negligence Experts
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
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
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