How do I know if I have a case for medical negligence?

Are you unsure if you have a valid claim for negligence? Do you need assistance in verifying the truth of your claim? Were you truly a victim of wrongful treatment? Before you reach out to a negligence lawyer to take legal action against a healthcare provider, you may want to be certain that you have been a victim of medical negligence. 

It is also important that you’re aware that not all medical malpractice cases are enough to warrant a claim. You must have suffered an injury or complication as a result of the injury for you to make a claim.

Here are some signs that may indicate potential negligent medical care, providing validation for your concerns;

1. You Suffered Avoidable Injuries Or Complications Following Your Treatment: You expect to feel better after receiving treatment but this is not always the case. The mistakes of your GP, nurse, surgeon or other healthcare professional can cause you to suffer harm, trauma or complications which may need longer time to recover from or which may lead to lifelong disabilities.

Therefore, if you or your loved one has suffered unnecessary physical or psychological damages following your treatment, you may have a medical negligence case.

2. You Suffered From Surgical Mistakes: This is obviously a case of medical malpractice. There are different forms of surgical injuries you may suffer which could lead you to make a compensation claim. Some are surgical errors which should not even happen and are known as “Never Events.” 

Examples include- surgery on the wrong body site, wrong surgery, retained instruments or contracting an infection following a surgery.

If this is the case with you or your loved one, you may have a clinical negligence claim. Reach out to us for advice and legal help.

3. Your Consent Wasn’t Sought: Before undergoing any medical procedure including surgeries, your doctor has to explain what the procedure entails. This includes any risks, benefits or potential complications as well as chances of success of the procedure. This is so that you know exactly what you are facing and if you want to go through with the whole process of not.

Lack of informed consent here refers to ;

• Your doctor performing a procedure on you which you did not agree to.
• Your doctor failing to give you the full details of the treatment plan or procedure and had they done that, you would have refused or made another choice.

However, you would only be able to make a claim in such a case if you suffered harm.

4. You Are Not Getting Better Even With Your Treatment: While on treatment, ideally you should be showing signs of improvement. But if the treatment prescribed is not helping you get better, there could be a chance that you have been misdiagnosed and therefore receiving the wrong treatment for your ailment.

This is really a serious case as you could either become sicker and may never make a complete recovery. When the right treatment is delayed, it increases the recovery time and may even need a more serious procedure to treat due to the complications that may have happened before the misdiagnosis was identified.

5. A Medical Staff Admitted To Being At Fault: While this can be quite a rare occurrence, a member of the medical staff that attended to you may open up on being at fault or negligent in his or her duty to care for you resulting in the injury you or your loved one suffered. This is most likely a case of medical negligence.

Other scenarios that could tell you if you have a case of medical negligence include-

• If you develop new symptoms while on treatment
• Your doctor isn’t addressing your concerns
• Delays in commencing treatment or referring you to a specialist for expert care, etc.

Contact Us for Legal Assistance Today 

Every patient is owed a duty of care by his or her doctor or other healthcare professional under whose care he is. Should you or your loved one experience substandard care, negligent treatment, you may have a case for medical negligence.

All you have to do is to contact us via our helplines, request a callback or fill out our free online forms to reach out to us. We have a free chat session where we will discuss your claims and if we are convinced that you have a valid claim, we put you through to our partnered medical negligence solicitors who will handle your potential claim. 

As determined by them, your case may be handled under a no win no fee policy, which ensures that you can make your claims without having to bother about paying upfront legal fees.

Contact us 0800 644 4240 as soon as you can as you have a limited time to make your claims.

Suing a Hospital for Medical Negligence

When you go to a hospital, you expect to receive quality healthcare that makes you feel better as soon as possible. In the vast majority of cases, this is the reality and patients in the UK usually receive a high level of care from expertly qualified medical professionals with the right skills and experience. Sadly, however, this is not always the case. There are times when an act of incompetence or medical negligence on the part of a health professional at a hospital can cause further injury or illness for a patient.

At Medical Negligence Direct, our specialist medical negligence claims solicitors help victims of hospital negligence secure compensation they need and deserve. Our medical negligence solicitors handle the claims process on your behalf, in order to make it as hassle-free and straightforward as possible so you can get your life back on track.

AM I ENTITLED TO A HOSPITAL NEGLIGENCE CLAIM?

There are many reasons why people decide to pursue medical negligence claims against a hospital. These include:·

• Inadequate or unsafe surgical procedure
• Administering the wrong medicine or prescribing an incorrect dosage
• Delayed or missed diagnosis
• Misdiagnosis Claims
• Birth injuries
• Retained foreign objects after surgery
• Failing to sanitize medical instruments/equipment
• Wrongful death of a loved one

The medical negligence claims process is often very complex and suing a hospital for negligent treatment may feel daunting. You need to prove that the injury or illness you suffered was as a direct result of the negligent treatment you received. As a result, it is important that you keep records of your medical appointments as well as other documents relevant to your care. There is a general three-year time limit for medical negligence claims in the UK; this time limit begins from the date of the hospital negligence or the date you became aware your injury was a result of negligent treatment.

HOW DO I SUE A HOSPITAL FOR MEDICAL NEGLIGENCE?

If you believe you have been a victim of hospital negligence and are considering suing a hospital, you should gather as much supporting evidence as possible. This may include notes, telephone records, and your detailed account of circumstances surrounding the care you received.

When you get in touch with us, our medical negligence solicitors will discuss details of your case and let you know whether you have valid grounds for a claim. We do not charge you for the legal representation we provide as your claim will likely be funded via a No Win No Fee agreement. Under this arrangement, you will be able to pursue a hospital negligence claim at no financial risk to you. We will only deduct 25% of your compensation if your claim is successful.

How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

• At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
• Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
• Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
• The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
• If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

NHS Complaints Procedure Compensation Guide

The NHS has a comprehensive complaints procedure which allows patients who believe they have received poor medical care to formally express their concerns.

Making a Complaint at the NHS

If you are unhappy about the standard of care you received at the NHS, you have the right to make a NHS Claim. The first step should be to make an informal complaint by speaking directly to the medical professional or management responsible for the care or treatment your received. You can lodge a formal complaint if this is unsuccessful.

Making an Informal Complaint – What is PALS?

A Patient Advice and Liaison Service (PALS) is typically the first port of call when it comes to making an informal complaint about an NHS service. PALS is usually based in the local hospital where you received treatment and offer confidential advice and support. If they cannot resolve the issue, they will advice you on the process involved in lodging a formal complaint.

Making a Formal Complaint

If you are still dissatisfied or PALS cannot help with your concern, you can make a formal complaint. Every NHS service has a comprehensive complaints procedure, which can be found in the building where you received the medical care. You can also find details online or from members of staff. A formal complaint can be made verbally (speaking to the NHS service responsible for your care), in writing or via an email. But if your complaint is about primary care services, contact NHS England.

Who Can Make a Complaint?

Anyone who has been affected by negligent treatment while under NHS care can make an official complaint about the NHS. This also includes patients who received treatment in private hospitals funded by the NHS. You can make a claim against the NHS on behalf of a patient who has suffered injury due to Medical Negligence, so long as you have the patient’s consent.

What Can I Complain About?

An NHS complaint can be made based on a broad range of reasons. Some of the main complaints include:

• Incorrect diagnosis/treatment
• Delayed diagnosis/treatment
• Misconduct of an NHS staff
• Failed medical equipment
• Discrimination and confidentiality issues
• Negligence leading to injury

What Happens After You Have Made a Complaint?

The NHS Complaints Procedure Compensation typically requires an acknowledgement of a complaint to be made within 14 days, but you will usually receive the acknowledgement within 3 days. The amount of time taken to respond to your complaint will largely depend on the nature of your concern and the investigations required to provide a comprehensive response. The letter of acknowledgement will indicate how long it will take for investigation to be made into your concern and when you can expect an outcome.

Making a Compensation Claim After a Complaint

If the NHS admits liability after investigating your complaint, you may be entitled to a compensation claim. For a successful medical negligence claims, you must be able to prove that there was a breach of duty (the medical professional is liable) and causation (you suffered harm as a direct result of the medical professional’s actions). Thus, making a complaint can be very useful if you are considering starting a claim. Even if you do not receive any apologies or no admission of liability is made, a complaint can help your Medical Negligence Solicitors when evaluating different aspects of your case.

Best Misdiagnosis Claims Solicitors in Liverpool

When we are ill, we put faith in the knowledge and experience of our medical practitioners and trust that they will give us the best possible care. Unfortunately, this is not always the case and many patients have had their trust misplaced due to medical misdiagnosis.

With conditions such as cancer, heart attacks or meningitis, correct diagnosis and treatment is crucial to giving the patient a chance. Sadly, these are some of the commonly misdiagnosed conditions, as their symptoms can sometimes be hard to determine; but if you believe your diagnosis (or lack of) was due to negligence on the part of your healthcare professional, you may be entitled to a medical negligence claim. Whether your condition has been misdiagnosed, delayed or missed altogether, its impact can leave you wondering where to seek help.

Medical Negligence Direct has a strong track record when it comes to medical negligence claims and have helped many victims of misdiagnosis to seek justice and secure the compensation they deserve. A free, no obligation initial consultation with one of our friendly solicitors will quickly establish whether you have a valid claim for misdiagnosis and, if this is the case, we will fight for you with all our knowledge and experience to get the best possible outcome.

Do I Have a Claim?

You may have a claim for misdiagnosis if:

• Your treatment has been delayed due to a less serious concern
• You have received unnecessary surgery due to incorrect diagnosis
• You have suffered stress or trauma as a result of incorrect diagnosis
• Diagnosis has been missed altogether

Get in touch with us as soon as possible if your situation fits any of the categories above. Our specialist misdiagnosis claims solicitors will evaluate your claim and let you know whether there is a reasonable chance of success.

Who Can I Make a Misdiagnosis Claim Against?

In the UK, medical misdiagnosis claims can be made against a range of practitioners and medical institutions, including:

• A GP
• NHS
• Private healthcare facility

If you have been a victim of misdiagnosis while under NHS care, you can lodge a complaint against the NHS service. This complaint will be handled by the NHS Resolution, and will likely be settled out of court. With our team of expert medical negligence solicitors, we walk hold you by the hand through this process and do everything to ensure you have a great chance of success.

What Can I Claim for?

If, having assessed your case, we believe you have grounds for a claim, we will help you determine what can be included in your compensation. General damages — compensation for pain, suffering and loss of amenity — are the most common financial settlements. It is calculated by considering factors such as the nature of your injury, impact on your life, length of recovery, and the pain and suffering due to misdiagnosis.

You may also be able to claim for loss of earnings if you have been unable to work as a result of the injury, as well as any out of pocket expenses incurred as a result of the misdiagnosis you suffered. Our medical negligence solicitors will give you an estimate of what you can expect for your case.

Contact Us

At Medical Negligence Direct, we are passionate about helping victims of medical misdiagnosis seek justice and appropriate compensation. Based in Liverpool, we work with clients across the UK, and offer a free initial consultation and a No Win No Fee service if we believe you have grounds for a claim. Call us today on 0800 644 4240 or complete our online claims assessment form and one of our friendly solicitors will get back to you.

How to Make a Medical Negligence Compensation Claims

Medical negligence is poor medical care provided by a healthcare professional to a patient, which has directly contributed to an injury or worsens an existing condition. Negligent treatment can happen in a number of ways, including misdiagnosis, surgical errors or delayed treatment. If you have been a victim of substandard care and have suffered an injury or illness as a result, you may be entitled to a compensation claim.   

HOW DO I MAKE A CLAIM?

To make a successful medical negligence compensation claim, the first thing you need to do is get in touch with one of our specialist solicitors. We will help you manage the process by trying to understand events surrounding your case via a free initial consultation. After the consultation, we will request your medical records and work closely with independent medical experts, who will evaluate your case and give their opinion on whether you have suffered negligent treatment.

If we believe you have a valid medical negligence claim, we will begin legal action on your behalf.

HOW MUCH CAN I EXPECT FOR MEDICAL NEGLIGENCE?

Every medical negligence case is unique. The compensation you can expect will depend on the nature of your injury, its impact on your life and its impact on your current and future earning prospects. When our Medical Negligence Solicitors help you make a claim, they consider a number of things such as:

• The pain and suffering you have experienced. While this does not have a specific monetary value, the compensation you receive will depend on the severity of pain and suffering.
• Financial losses you have incurred such as medical equipment you have acquired to aid your daily living as well as cost of travel for medical appointments.
• Home adaptations
• Cost of current and future medical care
• Earnings you have lost due to the injury. You may also be able to make a claim for future estimated earnings if the injury has impacted your ability to continue work.
• Cost of medical procedures you need after the negligent treatment

The panel of specialist medical negligence solicitors we work with will use all of the information gotten from you to ensure you receive the maximum compensation you deserve.

CAN I MAKE A CLAIM AGAINST THE NHS FOR MEDICAL NEGLIGENCE?

Yes, you can. If you have been injured or your condition has been made worse due to medical negligence on the part of an NHS trust or medical professional, you may be entitled to a compensation claim. Medical negligence claims against the NHS can be daunting, but our specialist NHS solicitors can walk you through the process and help you get assess to justice.

WILL I HAVE TO GO TO COURT?

Most medical negligence claims are sorted before they go to trial, with only the very complex ones going all the way. If your case goes to court, you can count on us to support you through the process.

CONTACT US

For a free, no obligation consultation about making medical negligence claims, please call us today on 0800 644 4240 or contact us online and we will get in touch with you as soon as possible.

How to Start a Medical Negligence Claim?

Negligent medical care can be a painful and traumatic experience, and can have a serious impact on the health of wellbeing of its victim. If you have suffered harm after receiving poor medical care, you may be entitled to a medical negligence claim.

Medical negligence claims can seem complex and overwhelming, but with the right legal support, you can enhance your chance of receiving a fair outcome. This article discusses the medical negligence claims process and how you can begin your quest for justice.

Initial Consultation

When you contact us at Medical Negligence Direct, we will arrange for a free, no obligation consultation. During this meeting, we will discuss details of your case, including the negligent treatment you believe you or your loved one have suffered. In the end, we will give you an honest and transparent assessment of your case about whether we believe you have a valid claim. If you do, we will advice you on the next steps for a medical negligence claim.

Developing your case

If we believe you have a valid claim, we will help you establish the facts of the case. This will include a number of steps, including obtaining medical records, arranging for expert medical examination, and getting witness statements. 

Letter of notification 

We will help you draft an initial letter to the NHS Trust or healthcare service responsible for your treatment at the time of the negligence. This letter will notify them that you intend to make a claim, and gives them an opportunity to offer a resolution as quickly as possible. 

 Making a claim 

 A letter of claim will be sent to your defendant, detailing the facts of your case. The letter will include the alleged errors made by the medical professional(s), as well as the impact on the health of you or your loved one and how much compensation you seek. 

Upon receipt of the letter, the defendant has 4 months to respond. The response will either admit responsibility for the injury you suffered or deny there was negligence. Following the defendant’s response, we will discuss with you on whether you should accept the settlement (if offered) or take further action. 

 Court proceedings 

If a resolution is not reach with the alleged negligent party, we can initiate court proceedings on your behalf. However, the vast majority of medical negligence cases do not go to trial, so it is likely that your case will be resolved before this point. In any case, you can count on us to walk with you all the way if the case goes to trial. 

 No Win No Fee Medical Negligence Claims

We handle most of our clients’ medical negligence claims on a No Win No Fee basis. This means that you do not have to pay any upfront legal fees when starting a medical negligence claim. 

 Why Choose Medical Negligence Direct? 

We work with a panel of specialist medical negligence solicitors who have been supporting claimants through a wide range of claims for many years. With a strong and successful track record, we are up to the task even for the most complex and challenging cases. Please call us today on 0800 644 4240 for a chat with one of our specialist solicitors or fill out our claims assessment form and we’ll give you a call as soon as possible.

Best Medical Negligence Claims Solicitors Liverpool

 If you or your loved one have received medical treatment that has gone wrong and you are based in Liverpool, our friendly solicitors at Medical Negligence Direct can offer you expert legal advice and support. Medical Negligence Claims are one of the most complex areas of law. This is why the panel of solicitors we work with comprises specialists who can offer expert advice across a range of medical negligence cases, to helping claimants secure the compensation they deserve.

Choosing the right Solicitor can go a long way to make for a successful claim; so, if you live in Liverpool or surrounding areas, our presence in the area will give you the confidence you are getting the best possible legal representation for your claim. From the word goes, our solicitors will be honest and transparent with you. So, if we believe you do not have a valid claim with a strong chance of success, we will let you know and save you the stress of taking on a claim.

MEDICAL NEGLIGENCE CLAIMS IN LIVERPOOL

Avoidable harm is a key component of medical negligence in Liverpool. As a patient, your healthcare provider has a duty to provide standard medical care when treating you. If they fail to do this, it is your responsibility to prove that they are at fault for the injury you have suffered.It is not sufficient to have suffered negligent treatment; you can make a claim if the negligent action caused you injury. This injury could be anything from physical harm to psychological trauma. In any case, our specialist Medical Negligence Solicitors will discuss your situation and advice you on how you can make a claim for compensation.

SPECIALIST LOCAL REPRESENTATION

With us here at Medical Negligence Direct, you will always speak with specialist Medical Negligence Experts from the word go. This will make it possible for us to discuss your case and any evidence to support it. If we believe you have a valid claim for negligence and a reasonable chance of success, you can count on us to handle your case with the utmost commitment to help you secure the maximum compensation you deserve.Our level of commitment, alongside our expertise, sets us apart from other solicitors in the UK. We do everything possible to be at the forefront of medical negligence claims in Liverpool and surrounding areas, and to offer our clients the best legal representation possible.

Yes, we are willing to go above and beyond to support the legal needs of our clients.If you think you or your loved one may have suffered negligent treatment, get in touch with us as soon as possible. Please call us on 0800 644 4240 or fill out our claims assessment form and one of our specialist solicitors will call you at your earliest convenience.

Make a Breast Cancer Misdiagnosis Compensation Claims

Despite how well-known breast cancer’s early warning signs are, it is not uncommon to come across medical professionals who fail to promptly diagnose the condition. When misdiagnosed, the treatment of breast cancer can be less effective and may even cause the patient unnecessary pain and suffering. if your breast cancer has been misdiagnosed, you may be entitled to a breast cancer misdiagnosis claim.

When diagnosed early, there’s a great chance that breast cancer can be cured. Treatment may include hormonal therapy, chemotherapy, radiotherapy and surgery. But if the cancer goes undetected for long, it could grow and spread to other parts of the body. Therefore, breast cancer misdiagnosis can be very serious.

MAKING A BREAST CANCER MISDIAGNOSIS CLAIM

To successfully make a breast cancer misdiagnosis claim, you need to prove that your doctor’s misdiagnosis affected the ultimate outcome you experienced. Usually, this means that the medical professional failed to thoroughly investigate and examine you. They may have also failed to link the symptoms you presented with the condition, misdiagnosing a different ailment. They may have misread test results or even failed to refer you for further tests.

If you or your loved one has had breast cancer misdiagnosed, it is important that you seek legal support as soon as possible, as there are strict time limits for making claims. Get in touch with Medical Negligence Direct today for expert legal advice and support. Our friendly and specialist medical negligence solicitors provide a free no obligation advice to help claimants in dealing with breast cancer misdiagnosis claims successfully.

HOW WE CAN HELP

Medical Negligence Direct has helped many claimants to make claims for compensation after suffering injury as a result of medical negligence. We also help them seek answers from the individual or organization liable. This is because we realize that an apology can go a long way in helping victims of breast cancer misdiagnosis seek closure and assurance that there will be no repeat of such negligent treatment in future.

Most claims handled by our panel of solicitors are funded via a No Win No Fee agreement, which means there will be no financial risk to you, no matter the outcome of your case. Our proactive and experienced approach also gives you the very best chance of winning your claim.

TALK TO US

If you or your loved one has suffered due to breast cancer misdiagnosis, talk to one of our friendly solicitors today on 0800 644 4240. You may also complete our free claim assessment form and we will give you a call back as soon as it is convenient for you.

A Guide to Medical Negligence Compensation Claims by Medical Negligence Direct

The UK healthcare system is one of the finest and most respected in the world. However, mistakes can occur in almost any medical setting, including clinics and hospitals and, when things go wrong with healthcare, it can have very devastating and far reaching effects. It can severely affect the physical, financial and emotional state of the victim.

The good news is that you can make a claim for negligence if a healthcare professional has breached their care of duty by providing substandard care to a patient, which has caused injury. However, you must be able to determine whether or not medical negligence has occurred before making a claim.

WHEN HAS MEDICAL NEGLIGENCE OCCURRED?
Medical Negligence can be complex, so knowing if you have suffered negligent care can be hard sometimes. Did the doctor breach his/her duty of care or was it one of those inevitable things? Let us start by defining what medical negligence really is. Medical Negligence occurs when a healthcare professional fails to provide appropriate standard of care, causing illness or injury to the patient. This may mean causing injury or illness due to substandard care, or worsening a pre-existing medical condition.

Medical negligence can occur in several different forms, which can include, but not limited to:

1. Misdiagnosis:

This occurs when a healthcare provider diagnosis a particular condition, when the patient has a different one. Misdiagnosis could also occur when the medical professional fails to diagnose a patient’s condition, since this could delay the correct diagnosis and treatment of a patient. Contact to our Misdiagnosis Claims Solicitors for make a claims.

2. Incorrect Treatment:

Sometimes, misdiagnosis can cause a healthcare provider to administer a wrong drug, prescription or treatment. When incorrect treatment is administered, it not only fails to provide relief for the patient’s condition, but can worsen the illness or injury in some cases.

3. Prescription Error

A doctor or nurse can be responsible for the type, quantity, and mode of administration of a medication for his/her patient. If they make a mistake about the type of drug to be prescribed, dosage to be administered, or the mode of administration, the patient may be able to pursue claim for negligence. Prescription error could also occur if bad handwriting causes the patient harm. Luckily, band handwriting problems are increasingly rare as most healthcare providers now use computer systems.

4. Surgical Errors

Mistakes are sometimes made during a surgical procedure or operation. Surgery is meant to provide relief to any pain a patient is experiencing, but the opposite can happen sometimes, and mistakes can be made by a medical professional. These mistakes may either mean that the initial problem isn’t fixed or that the pre-existing condition has been worsened. Surgical Errors could include performing an operation on the wrong part of the body, damaging certain organs or forgetting surgical equipment inside the patient’s body.

WHAT NEXT?
If you believe you have been a victim of medical negligence and are considering pursuing a claim for compensation, then you should consider the following important elements that impact medical negligence.

1. Breach of Duty: Your medical negligence solicitors can help you determine whether your experience meets the criteria for negligent care. To achieve this, they must prove that you received substandard care, and that this care has directly resulted in or contributed to an injury, or worsened an existing injury.

2. Time Limits: Strict time limits apply when it comes to pursuing a medical negligence claim. Generally, claimants have three years from the date of the injury or the date of knowledge, to make a claim. Though this time limit usually begins from the date the negligent act occurred, it may sometimes be obvious at a much later time after the negligence.There are also exceptions to the three-year time limit. If the medical negligence affects a child under 18 or a mentally disabled patient, the time limit begins when the child turns 18 and when the patient recovers from the disability respectively. If this is a permanent disability, family members may help such one make a claim for compensation.

3. Compensation: A range of factors determine the amount of compensation you can be awarded. These factors can include the extent of illness or injury, the impact it has had on your life, the impact it would have on your future, and any expenses that you have incurred as a result of the illness or injury.

How Do I Make a Claim Against the NHS? NHS Medical Negligence Claims

Medical professionals at the NHS have a duty of care to their patients; they must provide vital healthcare services to every patient under their care. While this is usually the case, they sometimes fail in those obligations, causing injury, and these actions may constitute medical negligence. If you have suffered harm as a result of medical negligence by a healthcare professional at an NHS organization, you may be entitled to make a claim for compensation.

What Can I Do If I Think I Have Suffered NHS Negligence?

If you have experienced medical care of substandard quality while under NHS care, there are a number of options available to you. The first step is to let the hospital management know about your case. In many cases, most medical negligence victims are satisfied with an apology and assurance that there will be no repeat of such poor treatment in future.

If you are unable to reach a resolution, you can lodge a formal complaint through the NHS complaints procedure. You reserve the right to be heard and for your case to undergo thorough investigation. NHS Choices provides guidelines for those seeking to lodge formal complaints against the NHS. Your medical negligence solicitors can also support you through the process.

If you are unsatisfied with the way your complaint is handled, you can take your case to the Parliamentary and Health Service Ombudsman.

Keep in mind, however, that lodging a formal complaint is not necessarily a prerequisite for starting a claim, but it is often wise to do so. Using the official complaints procedure can force the NHS Trust to provide clarity on circumstances surrounding the medical care you received and establish whether there was negligence. With this information, your solicitor can decide whether making a claim would be in your best interest.

What is the NHS Negligence Process?

Medical negligence claims against the NHS can be tricky to prove, and you will need expert legal advice to determine whether you have a case. So, if you are considering an NHS negligence claim, the first step is to contact Medical Negligence Direct.

Our specialist solicitors will discuss with you to learn about details of your case. If they believe your case has a strong chance of success, we will assign a specialist NHS negligence solicitor to walk you through the process.

How Can I Prove My Claim Against the NHS?

It is your duty, as an injured patient, to prove that the NHS was negligent and that its negligence caused you harm. Thus, expert medical opinion will represent the most significant part of your evidence. Depending on the complexity of your case, two or more healthcare professionals with specialist knowledge in the relevant medical field may provide reports that will be used to prove negligence and causation.

Following these investigations, your solicitor will be more certain of your chances and let you know whether you have a strong claim.

How Can We Help?

For NHS negligence claims to be successful, you must be able to establish that the injury you suffered was a direct consequence of negligent care you received at the NHS. Proving medical negligence can be a long and complex process, but you can rest assured our experienced panel of solicitors will help. You can trust us to provide the advice and support you need to go through the process in a stress-free manner, and assist you in winning your claim against the NHS.

Everything Know about NHS Medical Negligence Claims - Medical Negligence

The National Health Service (NHS) — one of the oldest and biggest medical care institutions — plays a key role in the health care of millions of patients every year. Medical care here is usually standard and most patients are discharged without any issues.

However, the increasing patient population puts more than usual pressure on the NHS, and the quality of healthcare may fall below required standards. You may be able to make NHS negligence claims if you have received substandard care by a medical professional at the NHS.

It is important that the victim of medical negligence receives his or her compensation quickly in order to care for their health needs. Unfortunately, making a claim can be a complex, lengthy and stressful process. To make a successful claim and receive the compensation you deserve, there are important things about NHS medical negligence claims you should know.

1. The NHS Resolution:

The NHS Resolution is responsible for managing medical negligence claims against the NHS. In most cases, claims against the NHS are settled out of court or dropped; in fact, only less than 2% of claims end up in court. The NHS Resolution has a database of information where it stores claims filed against the NHS, as well as ‘incidents’ and potential claims where legal action has not taken yet but where a patient has made it clear that they would make a claim.

2. Compensation:

If you have suffered an injury or loss as a direct result of the negligent treatment you received, you can make a claim for compensation. This claim may include compensation for pain and suffering, psychological damage, and loss of earnings. A claim can also be filed on behalf of the next of kin of a person who has died or has lost the capacity to make a claim on their own.

3. Compensation Schemes:

Certain injuries may require special compensation for the damages caused. You may be entitled to make a claim under the special compensation scheme without heading to court. For instance, if you have suffered an illness after a vaccination was administered, you could make a compensation claim to the Vaccine Damage Payment Unit. People who contract HIV when treating other ailments can claim payments from the Government and from the MacFarlane Trust.

4. Time Limits:

Medical negligence claims are subject to a three-year ‘limitation period’. This means that you must issue your claim within 3 years from when the alleged negligence occurred or from when you first realized you had an injury or illness.

If the victim is a child, the 3-year limit does not apply until they turn 18. If the victim is an individual who lacks the capacity to file a claim due to a mental disability, the 3-year limit does not also begin until (and unless) they fully recover from the condition. In both cases, a close relative or parent can make a claim on their behalf.

5. Working with a Solicitor:

You should see a specialized medical negligence solicitor for your case. If, for instance, a misdiagnosis by a medical professional has led to your injury, a misdiagnosis claims solicitor will be best placed to handle your claim. In the UK, there are two panels — the Law Society and the Action against Medical Accidents (AvMA) — recognized for the administration of specialized medical negligence solicitors.

The medical negligence solicitor will evaluate your case and determine if it is strong enough for a claim. To achieve this goal, they will require as much information as possible. So, it is important that you keep records of every relevant piece of your medical care, as well as any documents relating to the complaints’ procedure. Also ensure you store records of loss of earnings and any expenses the damage has caused you. If the solicitor decides that you have a reasonable chance of success, he or she will give you an idea how much your claim might be worth.

6. Letter of Claim:

If you decide against working with a medical negligence solicitor and plan on representing yourself instead, you will need to send a letter of claim to the NHS Trust responsible for your medical treatment. This letter should include your full name and address, date of birth, treatment dates, national insurance number, and the names of the healthcare professionals involved.

Your letter of claim should precisely state the nature of the alleged negligent care, against which medical personnel, and on what date. It should also state the nature of damage caused by the negligent care, and the kind of compensation you seek.

Funding a Medical Negligence Claims:

Your medical negligence solicitor will discuss the funding options available to you. Different solicitor firms work with different funding arrangements for their clients. While some will deduct a ‘success fee’ from your award of compensation if the claim is successful, some do not. So, it is important that you carefully choose the medical negligence solicitors you work with.

Funding options for medical negligence claims include:

Legal Aid: Legal aid seized to cover medical negligence claims since April 2013. However, certain illnesses involving children may receive limited public funding. An example is if the child has suffered a birth injury.

Insurance Policies: Some insurance policies provide cover for legal expenses which could be used to fund a medical negligence claim. However, these policies usually have a set limit on the legal costs they cover, and you may have to choose a solicitor on the insurer’s list. If you are funding your claim through this policy, you should ask for a medical negligence specialist.

Conditional Fee Agreements: Often known as ‘no-win no-fee’ agreements, this funding method is such that you will not have to pay any legal fees to your solicitor if you do not win the case. But if you are successful, the solicitor may take some percentage off your compensation as a success fee.

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Most Common Types of Medical Negligence Claims - Medical Negligence Direct

Given the complex nature of medical practice, it is little wonder even seemingly small errors can have life-changing or even life-ending impact on the victims of negligence. In many cases, medical negligence victims are forced to deal with the physical and emotional consequences of a doctor’s mistake.

Despite the life-altering effects of negligence, some victims do not pursue medical negligence claims. Many patients are simply unsure if the injury or illness they suffered occurred as a result of medical negligence. Some mistakenly assume that errors are sometimes inevitable in the hospital, so no one is responsible for any resulting injuries or illnesses. This is why knowledge of the most common types of negligence can help you determine if you have a case.

DIFFERENT TYPES OF MEDICAL NEGLIGENCE CLAIMS

• Misdiagnosis–

Diagnosis is the first step after a patient is admitted to a medical establishment, and correctly diagnosing what is wrong is crucial to treating a medical condition. Sadly, some doctors make hurried conclusions because of a patient’s age or weight, even when these factors do not directly impact the patient’s current condition. If a doctor fails to recognize symptoms, makes assumptions or diagnoses incorrectly, misdiagnosis claims solicitors can help you file claim for compensation. 

Note: A doctor’s evaluation and recommendation may only qualify as misdiagnosis if he/she fails to do what other doctors would have done in a similar medical situation, causing the patient harm as a result.

• Delayed Diagnosis-

Delayed diagnosis is similar to misdiagnosis. In this situation, the doctor may have made an inaccurate diagnosis at the onset before the patient eventually receives the correct diagnosis. Medical claims solicitors can help you pursue a claim for compensation in this case if it is determined that other doctors would have accurately diagnosed the same ailment in a timely manner. For instance, the doctor may have failed to recommend a test that would have led to the right diagnosis.

The delay in providing correct diagnosis can worsen a patient’s condition, and have life-changing consequences.

• Birth Obstetric Claims–

Birth injuries are one of the most painful types of medical negligence. Expecting parents wear joy on their faces; they invest lots of time and effort making plans for the baby’s nursery and what it will grow up to be. Every possible detail is planned. However, it is impossible for them to plan for the consequences of a birth injury caused by the negligence of a healthcare provider.

Many factors can cause birth injury. The obstetrician may have provided inadequate prenatal care, even if the mother received treatment afterwards for her health and that of her unborn baby. There could also be negligence during childbirth, leading to injuries to the baby or its mother. If those injuries could have been prevented, it is likely that medical negligence has occurred. In this case, you can pursue birth obstetric claims to seek compensation.

• Appendix Negligence Claim–

Statistics confirm that appendicitis is a relatively common condition that will affect six in hundred persons in the UK. Reports in the UK also show that appendicitis is the most frequent cause of emergency admissions in medical establishments for abdominal surgery. If left untreated, the inflamed appendix will rupture and spread infection into the abdominal cavity. Unfortunately, this condition is not always correctly diagnosed. While diagnosing the condition may be difficult in some cases since it is at a very early stage, there are often cases where healthcare professionals fail to identify the condition despite clinical examinations and the patient’s history strongly indicating the presence of appendicitis.

In this case, delayed diagnosis may cause the appendix to perforate, leading to more extensive surgical process that would have otherwise been carried out. If you have suffered an injury as a result of failure on the part of a doctor to provide adequate advice and correct treatment options, you may be able to pursue a medical negligence appendix claim.

FINAL THOUGHTS –

Keep in mind that the list above is not comprehensive. However, medical negligence maintains a consistent theme: a healthcare provider fails to provide the expected level of care to his or her patients. Medical negligence takes place if the care provided falls short of accepted medical standards of care, and the healthcare provider may be held liable if this negligence causes injury or illness to a patient.

The Medical Negligence Claim process in the UK - Medical Negligence Direct

Most patients are treated to safe and effective care by medical professionals in the UK. However, things could go wrong, and this can be devastating for all involved. When a doctor breaches his care of duty to you as a patient and you have suffered an injury or illness as a result, you may be able to pursue a medical negligence claim. Whether you have any prior legal experience or not, medical claims solicitors can help you pursue a claim and secure the compensation you deserve. But what is involved in a medical negligence claim process? What are the requirements your case must meet in order to succeed? What are you looking to achieve with a medical negligence claim? Knowledge of the medical negligence claim process in the UK can increase your chances of making a successful claim. 1. First Contact with Medical Negligence Solicitors Your case will start with contacting with medical claims solicitors who will determine whether you could start a claim. Your solicitors will achieve by trying to find out as much detail as possible about your case so they can decide whether additional research will be needed or an expert’s opinion will be required. Once the facts of your case are established, your solicitor will send some sign-up documents to you which are required to access your medical records. These documents include forms of authority, details or insurance and a medical negligence no-win, no-fee UK agreement. Requesting your medical record is the first step in determining the strength of your case. If you have visited more than one hospital, your solicitor will write to each one in order to access all your medical documents. This will help them paint a clear picture of your health; once the medical records are available, your medical negligence solicitor will prepare a ‘chronology’, which is basically your story – before and after the negligent care you suffered. 2. Obtaining Medical Evidence is Not Always Crucial Once your medical records are retrieved and expert opinions received, your solicitor will draft a “Letter of Claim” on your behalf. This letter will include allegations of medical negligence, injuries you have sustained as a result, and any resulting illnesses. However, a Letter of Claim can still be drafted without obtaining your medical record if a doctor has been negligent in carrying out his duty of care. For instance, if a doctor has left a tool or an object inside you after a surgical procedure or a hospital has conducted investigations and concluded that medical negligence has taken place. 3. Obtaining a Second Medical Report The next step is to obtain another medical report that addresses the illnesses or injuries you have suffered. With the help of the medical expert, the likely course of the medical condition (prognosis) will be established. This report will also include a detailed description of the type of care you need in the short and long term, and if any special aids will be needed. Before your solicitor puts this report together, you will need to go for a medical examination. In the end, they will provide an estimated compensation value for your claim, based on the court’s guidelines and outcome of similar cases in the past. 4. How Long Will the Claim Process Take? The investigation required to start a medical negligence claim process can take a while, depending on a few factors. Some of these factors include the complexity of your case, the number of medical experts involved, and the way and manner the health authority and its lawyers conduct themselves. Some complex cases can take two years or more, especially when several busy experts have to report. However, most cases get to court within 12-15 months of the initial steps in the claim process; some may be filed sooner, others later. 5. Will I Have to Go to Trial? Only few cases actually go as far as the courts. In most cases, the defendants wish to avoid trial when medical experts establish negligent care on the part of the healthcare providers involved. So, your medical claims solicitor will negotiate a settlement for you if the defendant/s accept liability. However, if they refuse to admit negligence, your solicitor will issue court proceedings against them. 6. How Much Compensation Can I Claim For? It is near impossible for medical claims solicitors to provide an exact figure for your compensation as every case is unique. A medical negligence calculator can be used to estimate your compensation value, but this only provides a rough guide and should not be taken as fact. Final Thoughts A medical negligence claim process can seem daunting at first. But you, like every patient, are entitled to standard medical care, as well as justice for what you have suffered if things go wrong. Whether you have suffered an illness due to misdiagnosis and are in need of specialist misdiagnosis claims solicitors or you have suffered an eye injury due to negligent care, knowledge of the claims process in the UK can boost your chances of success and ensure you receive the compensation you deserve.