Medical negligence, also sometimes referred to as clinical negligence or medical malpractice, is substandard care which has been provided by a medical professional to a patient. It either directly causes an injury or causes an existing condition to get worse. The medical professional can be a doctor, dentist, nurse, cosmetic surgeon, pharmacist or any other healthcare provider.

Medical negligence could be in the form of:

  1. Misdiagnosis
  2. Incorrect treatment
  3. Surgical mistakes
  4. Prescribing inappropriate medication
  5. Damage to a child before, during or after birth
  6. Not providing an individual with the required treatment
  7. Not communicating the risks of a proposed treatment
  8. A delay in the provision of any appropriate treatment

Unfortunately, sometimes doctors and medical staff can get things wrong without it being considered negligent. To make any kind of claim for medical negligence, there must be proof of the injury or that a condition has been made worse due to the negligence. It must be clear that the care provided fell below the standard of a reasonable and competent medical professional.

To prove this, evidence must be collated such as:

  1. Detailed statements from the victim
  2. Medical records
  3. Photographs
  4. Statements and opinions from independent, medical experts
  5. Witness evidence statements

According to GA Solicitors, medical negligence claims can last for months or even years and are often fiercely contested and highly complex. If you are considering pursuing a claim, then you need to ensure you choose a qualified solicitor who is experienced in this particular field.

An experienced solicitor will also be able to advise upon the value of your case. Calculating damages can be difficult as it takes into consideration a number of factors such pain and suffering, loss of amenity and special damages (quantifiable financial losses such as loss of earnings, cost of care, adaptations to your home, etc.).

There are time limits in place for making medical negligence claims. Claims must be brought within three years of the date of the alleged negligent medical treatment, ir three years from being aware of any resulting issues or damage.

With this in mind, it is advised that you seek professional legal help sooner rather than later should you wish to pursue a claim.

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