What is medical negligence and who can make a claim?

If you have suffered as the result of mistreatment by a trusted medical professional such as a doctor, dentist or surgeon you may be eligible to make a claim for compensation.  Nikki Green, medical negligence specialist at Metcalfes Solicitors, explains the process including what constitutes medical negligence, who can make a claim and what information is needed to prove medical negligence occurred. 

What is medical or clinical negligence?

Most of the time the medical treatment and advice provided by GPs and hospitals to their patients is of a high standard.  However, many medical practitioners are overrun with work and as with any activity involving people, human errors can occur, however much we may wish they did not.  The results of this can be devastating and can lead to months, if not years, of chronic pain and suffering.

Some may assume that if they have received a bad service from their doctor or hospital or not been treated as quickly as they feel they should have been, then this may amount to a claim for medical negligence; but this is not the case.  For medical treatment to be negligent a ‘responsible body’ of medical professionals in the same field as the allegedly negligent doctor e.g. GP; orthopaedic surgeon etc. must regard the patient’s treatment as unacceptable.  

Making sure lessons are learnt for the future

At Metcalfes Solicitors in addition to seeking compensation for our clients who have been injured as a result of medical negligence, we make it a priority to bring awareness to hospitals and GP surgeries when they do make mistakes, so that lessons can be learnt and similar mistakes avoided in the future.

How to prove medical negligence

The test for bringing a claim is not whether the actions of the doctor, or the hospital or the surgeon appear reasonable to you or me, but whether they would have been deemed reasonable to this ‘responsible body’.

Once we have proven that the actions of the doctor in question, or the treatment you received, were negligent, we then also need to prove that as a direct result of those actions you sustained an injury or a worsening in your condition. This is known as ‘causation’.

If it is the case that you would have been left in the same state or condition even if there had been no negligent treatment, then you will be unable to make a claim even if you received negligent treatment. 

Our team of legal specialists will support you through this process and discuss whether you have a successful medical negligence claim. 

Can I claim for medical negligence?

If you or a family member were the victim of medical negligence and sustained life-changing injuries that you wouldn’t have otherwise had suffered from, we can help you to get the compensation you deserve.

The compensation is made available to support you and can help you towards regaining a quality of life and further medical or rehabilitation treatment if required.

How to make a medical negligence claim

Metcalfes’ friendly and experienced legal specialists can help guide you through the claims process in a sympathetic and understanding manner.

We will support you and work to achieve the best outcome for you and your future. 

We are committed to clear communication and providing you with the best legal and practical solutions – and delivering these as quickly and as simply as possible. 

You’ve already been through a lot by the time you have reached us so we’ll do our best to make the whole process as stress free as possible.

For more information or to speak to one of our friendly team for your free initial consultation, please call 0117 239 8012 or complete our online enquiry form.

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