Understanding Clinical Negligence: What it is and how to make a claim
What is clinical negligence?
When we have medical care, we trust and expect that healthcare professionals will provide the very best treatment that meets a certain standard and duty of care. Each year, millions of us in the UK will receive medical treatment and in almost all cases, treatment will be of a high standard. However, there are occasions where that unfortunately doesn’t happen and patients are left suffering as a result.
Clinical negligence (also known as medical negligence) refers to where a medical professional fails to provide adequate care, leading to injury or harm to the patient. A medical professional could include doctors, dentists, nurses or other healthcare professionals.
These incidents can range from surgical errors, incorrect treatment and misdiagnosis and unfortunately in a small number of cases, could result in severe personal injuries or could even be fatal. If a patient has experienced clinical negligence, they may be entitled to make a clinical negligence claim.
What is a clinical negligence claim?
A clinical negligence claim is the legal process taken by a patient (or representative) through which an injured patient seeks compensation for the harm they've suffered as a result of negligent medical care.
A claim will aim to secure financial compensation to cover losses, including medical expenses, lost earnings or ongoing medical treatment. A claim may also seek compensation for future care needs or the costs of rehabilitation. To make a successful claim, key elements must be proven. These are a breach of duty, causation and harm.
What types of medical claims are there?
Our medical negligence solicitors deal with all types of medical negligence claims and we have successfully represented hundreds of victims of medical accidents against GPs, Hospitals, NHS Trusts and Private Doctors.
Claims can also include;
Cosmetic Surgery Negligence
Cosmetic surgery negligence claims often arise because surgery has not been carried out with the necessary care and skill by the surgeon or because unnecessary complications have arisen following surgery. Cosmetic surgery claims differ from traditional medical negligence claims in that the surgery is elective, which can raise some complex legal issues.
Dental Negligence
Most dental care is of a good standard, however dentists can make mistakes, causing personal injury and leading to increased expense for patients. Dental negligence covers any type of dental injury caused by, made worse or overlooked by a dental health professional.
Fatal Medical Negligence
These are claims where negligence has caused the death of a person. These are often very sensitive claims and need to be handled in a very sympathetic manner. It is recommended that you seek legal advice in these circumstances.
How to make a clinical negligence claim
If you believe you’ve been the victim of clinical negligence, the claims process might feel intimidating. The first step is to seek legal advice. Start by consulting a trusted, established solicitor who specialises in clinical negligence.
During an initial consultation, you will be able to tell your story to the solicitor who will ask for details about your medical care and assess whether you have a potential claim. Many law firms offer a free consultation and work on a “no win, no fee” basis, meaning you won’t pay unless your case is successful.
How long do you have to make a claim?
In the UK, there is a time limit for making a clinical negligence claim, which is usually three years from the date of the incident or when you first became aware that negligence occurred, this is known as the date of knowledge.
The exception to this rule is in the case of children (where the three-year limit starts from their 18th birthday) or for individuals without mental capacity to bring a claim.
Why you should seek expert legal representation
Clinical negligence claims can be legally complex and require a high level of expertise to guide you through the process. If you have suffered as a result of poor medical care, Mackenzie Jones is here to help.
Our main focus will always be you, and we understand how upsetting and traumatic it can be when a healthcare professional gets it wrong. Our clinical negligence lawyers have expertise in pregnancy and maternal injury claims, spinal injury, adult brain injury, surgery claims, accident & emergency claims and claims against GP's.
Our dedicated staff at Mackenzie Jones will draw on their extensive experience dealing with medical negligence claims in Chester and North Wales and deliver a fearless fight to protect your interests and those of your loved ones.
Anna Mills-Morgan, Director at Mackenzie Jones has been recognised in the Legal 500 In the Clinical Negligence section, where the listing read:
“Anna Mills Morgan has a very good working relationship with her clients and maintains frequent contact. Her knowledge was second-to-none and she knew who to use as her support to bring the case to a favourable conclusion.”
If you’d like more information about medical negligence claims, please get in touch with our experienced clinical negligence team.
