What Makes You Eligible to Claim for Medical Negligence?

by Ben Isaacs on October 24, 2013

Although the standard of healthcare in the UK is extremely high, and the NHS is something which we have long been proud of, regrettably things do sometimes go wrong, and the level of care given slips. For those who have experienced harm at the hands of a trusted healthcare practitioner – NHS or private – few realise that they may be eligible for compensation from a no win no fee medical negligence claim. Medical negligence is a term used when harm has come to a patient when the standard of care falls below a certain level. Dentists, nurses, doctors, surgeons, occupational therapists; all healthcare practitioners have a ‘duty of care’ which they must adhere to at all times. Unfortunately, this is not always the case.

Eligibility to make a claim from a medical negligence case is not limited to a specific set of mishaps.  Below are some guidelines of common errors which can be claimed for:

  • Birthing injuries – injuries incurred by a mother or child either during pregnancy or childbirth – these could lead to claims such as brain injury at birth claims. This can be due to substandard monitoring of the unborn foetus during labour and so on. Additionally, surgical error via Caesarean section falls under the umbrella.
  • Neglect – the wrongful neglect of a patient due to whatever reason, which can lead to deterioration of their condition and even death. This includes pre and post surgical care, not just admittance for illness.
  • Misdiagnosis or a delay in diagnosis leading to a deterioration in a patient’s condition. This can include a missed fracture or a delay in the diagnosis of cancer.
  • Complications bought about by the wrongful prescription or administration of medication leading to side effects and other impediments. This is inclusive of anaesthesia.
  • Negligence bought about by surgical error leading to unnecessary scarring or surplus pain.
  • A Hospital Acquired Infection (HAI) – for example Clostridium difficile, the highly contagious gastroenteritis, or the potentially fatal MRSA virus.

Medical negligence can occur not just in hospitals, but in any reliable medical residence. It could occur on a routine trip to the GP or a check-up at the dentist, even an appointment with your chiropractor. If you have suffered harm due to malpractice, medical errors or substandard treatment it is likely that you may are eligible to make a no win no fee claim.

Compensation is awarded based on a number of factors including the severity of the injury sustained – this can include any psychological trauma which may have occurred due to the negligence; any salary loss you may have incurred due to the injury; the impact the injury has had on your quality life and whether further treatment is required. The first step in the process of making a claim is to establish whether or not you are eligible. You can do this by calling a medical negligence claims solicitor for a free consultation  r All cases are dealt with the utmost sensitivity and each case is catered to your specific needs, so you don’t have to worry. Expert solicitors have years of experience and understand any apprehension you may feel associated with making a claim.

Ben Isaacs
I am a researcher for clinical negligence; new changes in the law, recent cases, news and issues.
Ben Isaacs

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