Medical negligence cases

 

Medical negligence lawsuits are usually brought by anyone that has suffered an injury in the last three years that is the direct result of clinical negligence. It is important to understand that not all accidents that happen when receiving medical treatment are negligent.

You must be clear that your injury was due to negligence before bringing any medical negligence lawsuits against the healthcare worker or their employer. We can help you work this out.

Medical negligence cases

With the development of personal injury law, medical negligence cases appear much more frequently than they used to. Medical negligence cases can be quite complicated, time-consuming and expensive.

The subsequent injuries can be quite serious whether the negligence is:

  • Small
  • An accidental mistake
  • Deliberate harm

Doctors owe a duty of care to their patients and are required by the medical council to inform a patient when a treatment has gone wrong. Medical claims can arise out of any situation, including:

  • Accident and emergency
  • Cancer treatments
  • Surgery
  • Cardiology
  • Gastroenterology
  • Orthopaedics
  • Paediatrics
  • Plastic surgery

Anyone involved in such a case is therefore possibly able to claim compensation against a negligent third party who is at fault. Medical negligence cases can be made against dentists, nurses and anyone else in the medical profession who might have been guilty of negligence.

Always contact a qualified solicitor as early in your case as you can. The solicitor can then give you advice about your case and make any recommendations that will give your lawsuit the best chance of success and securing the level of compensation you are looking for.

Making a claim

The injury or suffering you have will be tested against a number of criteria to ensure that your injury is indeed the direct result of action or inaction by the healthcare worker that treated you.

Causation must be proven in all medical negligence lawsuits. Causation is:

  • The direct link between your injury and the treatment you were given
  • The treatment that was not given (medical negligence can also happen if treatment is withheld)

Qualified solicitors must handle all medical negligence lawsuits. You must never attempt to bring any medical negligence lawsuits yourself, as the courts will not look favourably on your case. Also, ensure your solicitor is properly qualified in medical negligence law. Most general personal injury solicitors for instance do not have the skills to manage medical negligence lawsuits.

Going to court

Medical negligence cases can be very difficult to win, as it is often difficult to prove that a doctor was at fault and to prove that the injury was a direct result of that medical professional's negligence.

The thresholds are a lot higher with medical negligence than with other personal injury cases, such as road traffic accidents, as the courts are keen to strike a balance between compensating innocent victims whilst upholding and respecting the stress and difficulty that those in the medical profession deal with on a daily basis.

It is vital to instruct a medical negligence solicitor as soon as possible because medical negligence cases must be brought forward within a three-year limitation period which begins form the earliest moment the claimant has knowledge of the accident.

For more information, see our FAQ page on medical negligence claims.

Do you have a case for medical negligence against a health care professional? It is vital to instruct a specialised medical negligence solicitor rather than a general personal injury lawyer. Contact Law can put you in touch with a specialist medical negligence lawyer suited to your injury and the details of your case. Please call us on 0800 1777 162 or complete the web-form above.

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