What is clinical negligence?
When a health professional or system lets you down and is negligent when carrying out your treatment, whether NHS or Private, you may be entitled to compensation. To prove negligence, you need to show that a healthcare professional failed in his or her duty to take care of you. As a result, you might have experienced physical, mental or financial damage and loss.
Our specialist team can help to work out your claim options but why not read the below to give you a better idea of what medical negligence might look like:
Examples of negligency:
- If you’re diagnosed incorrectly, or there’s a delay in diagnosing you.
- If you’re wrongly diagnosed or the health provider failed to diagnose your condition
- If a mistake is made during a procedure or operation
- If you are given the wrong drug
- If the provider didn’t get your informed consent prior to treatment or didn’t warn you of the risks.
- If you’re put on medication for an inappropriately long amount of time.
- If a doctor fails to consider physical causes for your psychiatric symptoms.
We know that sometimes phoning to ask ‘silly questions’ can feel intimidating so we’ve gathered together some of the questions that our clients have asked over the years, which incidentally aren’t silly at all, and added the answers so that you feel equipped with some background before getting in touch.
Compensation, or damages, can be awarded for pain, suffering and loss of earnings.
Unfortunately, not. Court hearings on clinical negligence can only result in compensation – legal action cannot action changes, force an apology or start a disciplinary procedure.
You can take legal action for someone who has died because of negligent medical treatment. It can be an emotional claim, but we will guide you through it as sensitively as possible.
Yes, you can take legal action for compensation if you’re the next of kin.
You can take legal action and claim for someone who hasn’t the capacity to take legal action themselves.
We will help you demonstrate that you are have suffered some loss either financially, physically or mentally. However, we will also have to build a case to demonstrate that loss was actually due to negligence.
My wife was incapacitated and so we couldn’t start our claim for a year after her negligent treatment – what does that mean for us?
Don’t worry, for someone who lacks capacity to make decisions, the time starts when they regain capacity.
The three-year period for children starts when they turn 18yrs.
A legal claim needs to be started within three years from the date of the incident or when you knew the injury was negligent.
Our specialist Clinical Negligence Team will quickly assess your case and let you know if it’s worth pursuing.
Yes – many NHS negligence claims are negotiated through our legal team and, if proven, are settled outside court saving time, money and, of course, stress.
Yes, we regularly build cases to claim against Private Health Centres as well as the NHS