With the NHS placed under increasing pressure, it is unfortunately becoming more and more common to see patients forced to claim medical negligence compensation. At the end of November, NHS data showed that East London’s NHS trusts have been routinely paying compensation to patients for misdiagnosis, delayed diagnosis or failure to diagnose illnesses and conditions. Medical negligence solicitors are in more demand than ever.
What are medical negligence claims?
Medical negligence claims generally include anything that is the result of a procedure going wrong because of a medical professional or an institution being negligent in their duty of care. Dental negligence solicitors are also in frequent demand, with the number of dental medical claims on the rise. Some other instances of medical negligence include:
- Cosmetic surgery negligence claims
- A&E negligence claims
- Gynaecological negligence claims
- Amputation claims
- Pregnancy and birth negligence claims
- Surgical negligence claims
- Cosmetic surgery negligence claims
- Care home and nursing home negligence claims
What is the medical negligence claims process?
Making a medical negligence claim involves being able to prove that your situation fits the exact definition of medical negligence. The medical negligence claims process is based on a set of rules known as the 4 D’s of medical malpractice. These rules are known as:
- Duty
During medical training, all doctors are taught what the duty of care is that they must provide to their parents.
- Derelict
Dereliction is the official term for when a medical professional is considered to have broken this duty of care.
- Direct Cause
In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional.
- Damages
The medical negligence payout that you could earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses.
How long will the claim process take?
It is difficult to estimate exactly how long the claim process for medical negligence could take. There are two parts to the process. These stages are:
- Firstly, it will be determined who is going to be held liable for your injury. For medical negligence claims, this could be either a doctor or a nurse, or even an entire medical institution.
- Secondly, the medical evidence from your injury must also be assessed in order to determine how it has affected you, and therefore how much compensation you can claim.
If you require multiple medical assessments, then your overall claim time could potentially take longer.
Do I need medical negligence solicitors?
It is technically possible to carry out a medical negligence claim without the help of a solicitors, but it is also a difficult task to try and accomplish alone. The experience and skill of a solicitor is invaluable during the process of gathering evidence for a case, and it would always be recommended that you seek the advice of a professional to assist you.
