Medical Negligence Facts

Our Medical Negligence Lawyers offer a free consultation for victims of clinical negligence and medical accidents. Call us on 08000 488 777 or tell us what happened so we can provide you with expert legal advice at no cost to you.

Medical negligence is considered the most complex area of personal injury law. The duties and details surrounding these claims are generally technical and very often some claims arise from a client who simply feels as if they have not been given correct explanations of medical treatment. With medical negligence claims, the investigative process is extensive and can be incredibly lengthy. It is imperative to start the process of a medical negligence claim immediately and choose the right specialist lawyer for you.

How Common Is Medical Negligence?

In the UK, there are nearly 900,000 medical accidents a year. The Department of Health has estimated that half of these are absolutely avoidable. The majority of personal injury claims are regarding as misdiagnosis and/or the failure of a medical professional to act quickly or even at all. It should be noted that medical negligence does not only involve procedures that should have been avoided or handled differently – a failure to act is often just as severe, if not more damaging.

Common Reasons for Medical Negligence Claims

Some of the most “common” reasons for a medical negligence claim include: failure to refer to a specialist, mistakes during childbirth, errors during operations, failure to investigate symptoms properly, lack of appropriate/proper care of patient, inappropriate drug/prescription administration and errors made in the accident/emergency department.

How to Prove Negligence?

In order for a victim to file a medical negligence claim, there must also be evidence – primarily that the standard of care was below that of any other competent medical caregiver. Expert evidence from similar doctors is nearly imperative to a successful claim – and our experienced and specialist Medical Negligence Lawyers have access to various expert witnesses in order to serve justice.

Medical Negligence Protocol

The NHS Complaints procedure and other procedures within the Civil Procedure Rules are comprehensive and all-inclusive regarding medical negligence. Failure to comply within these protocols may ultimately lead to dismissal of your claim – thus making it even more important to consult a specialist lawyer to start your claim. There are strict time constraints when filing claims – typically that you must file a claim within three years from the incident date (or date of knowledge), or within three years of a child’s 18th birthday. The limitation may be extended by the court when regarding mental disabilities as the time does not “start” until mental capacity is returned.

Categories of Claims

There are general damages within a negligence claim involving pain and suffering but all other claims for losses are specialised damages. Some categories of claims include: loss of earnings, loss of future earnings, medical costs/fees, home additions, mobility adaptations, specialised care, and cost of daily needs and assistance.
While this is obviously a lengthy and emotionally draining experience, a specialist lawyer is of the utmost importance – not only to help you, but to ensure that you get all of the maximum compensation that you truly deserve.

Call our Medical Negligence Lawyers on freephone 08000 488 777 or start your compensation claim online and we will call you. Medical Lawyers

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