What Is Meant By A Medical/Clinical Negligence Claim?

A medical negligence compensation claimis a legal process initiated by someone who feels they have been harmed due to the negligence of a healthcare professional. The claimant in a medical negligence compensation claim seeks to prove the care they received was below the standard reasonably expected of the practitioner and that their negligence directly caused them harm and suffering.

A medical negligence claim aims to secure financial compensation from those responsible for the medical negligence. If you have been injured as a result of negligent treatment, you may be able to get medical negligence compensation.

Clinical negligence is a highly specialist area so it is important that your solicitor has specific experience in this field. You will be best using a medical negligence solicitor to act for you because not only is the work specialist, but clinical negligence claims are always fiercely defended. The clinical practitioner or authority that you will be claiming against will be defended by experts and you need to have equal specialist support.

There are several types of medical negligence including:

  • Medical Misdiagnosis or delayed diagnosis
  • Care home negligence
  • Gynecology and childbirth
  • Dental negligence
  • Hospital and GP negligence
  • Fatal negligence

Who Can Start A Medical Negligence Claim?

Anyone who believes they have been harmed as a result of medical treatment or misdiagnosed in the last three years may be entitled to make a clinical negligence claim. This three-year rule doesn’t apply to children until they turn 18, though a parent or next of kin can pursue a compensation claim on their behalf while they are still a child.

What Do Medical Negligence Solicitors Have To Prove In A Claim?

There are a number of elements to establishing whether medical treatment was negligent.

The patient has to prove that the clinical practitioner has been negligent. This means showing that the standard of care fell below what could “reasonably have been expected”.

Medical opinions often differ over treatment for a particular ailments and it can be a valid defense to show that the treatment was in accordance with the views of ‘a responsible body of medical opinion’.

Even if you can show that the standard of care was negligent, you’ll also have to prove that the negligence caused the injury. The medical practitioner may claim that the injury arose from the illness itself and not from the treatment; or that the injury would have come about in any event.

What Is The Clinical Negligence Claim Process?

Clinical negligence claims, similarly to other types of personal injury claims, include several steps, and require you to be transparent throughout, this includes:

  • Your medical records will need to be reviewed
  • After checking your medical records, the next step is to instruct specialist medical experts to consider whether or not the treatment was negligent, and if it was, what damage it caused.

Clinical negligence cases can be settled by negotiation without the need to proceed to a full trial but they are rarely resolved without starting court action.

Is There A Time Limit For Making A Medical Negligence Compensation Claim?

The time limit is three years from the date of injury or diagnosis, but in medical negligence claims the cut-off point is measured from the time when you could first reasonably have judged that your symptoms were caused by medical negligence, or that your medical treatment had caused you injury.

For example, if an accident during childbirth caused immediate and obvious harm to the mother or child, you would have three years from that date to start a clinical negligence claim. If, however, you were given surgical treatment which decades later transpired was guideline breaching or incorrect, you would still be entitled to make a claim provided you started that claim within three years of the date of knowledge of the negligence.

To avoid any complications about time limits, you should seek professional legal advice from our medical negligence solicitors for more information.

How Much Compensation Could I Get For A Medical Negligence Claim?

The compensation you receive as part of your medical negligence claim will vary depending on the severity of your injuries and their impact on your daily life.

 Generally, the more severe your injury is, the more compensation you will be awarded.

How Long Does It Take To Get A Compensation Claim Offer?

Striking the right balance between settling and concluding cases quickly, and achieving the appropriate amount of compensation is a priority for our medical negligence solicitors. Direct Solicitors understands that a lengthy legal process is not welcomed by injured claimants who want to move on with their lives; however, while some clinical negligence claims can be proven and settled within several months, others – especially if contested at court – can take longer to conclude. Our priority throughout is to keep our clients fully informed about where their case is at with regular updates and communication; as specialist medical negligence solicitors, we are committed to minimizing any burden or concerns for our clients throughout the legal process.

How Do I Make A Medical Negligence Claim?

While medical negligence claims are complex, getting support and advice about starting a claim from our medical negligence solicitors is simple. If you believe you have been the victim of medical negligence, take a few minutes to fill in our no-obligation, online claim form. One of our medical negligence solicitors will get back to you within 24 hours. Alternatively, call our experts on 08000 250 250 for an initial consultation with no obligation.

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