At some point in our lives, we may need to speak with healthcare experts in respect of medical treatment. When this is done, we take a significant risk in placing our safety and wellbeing in the hands of others. As a result, the law imposes consequences where healthcare professionals fail to observe the responsibilities that they owe to their patients.
If you have recently undergone some form of medical treatment which has had a negative impact on you, our expert medical negligence lawyers are here to assist you. We are regularly involved in helping clients who have suffered negligent treatment by medical professionals, receive financial compensation to reflect their injury. If you think you suffered from medical negligence, please contact us.
Have You Suffered injury as a result of Medical Negligence? Claim 100% Compensation NOW
‘Medical Negligence’ is where a healthcare professional fails to observe the requisite standard of care when treating their patients. There are a lot of different examples of potentially negligent actions, including:
- Surgical procedures being incorrectly carried out;
- Over prescribing medication to patients; and
- Medical professionals failing to identify important symptoms that a patient is exhibiting.
- Medical Professional’s Duty of Care
In order to prove that you have suffered from negligent treatment by a medical professional, it must be shown that they breached the legal ‘duty of care’ that they owe to you as their patient. Essentially, this can be broken down into a 3-stage process:
- It must be shown that the medical professional had an active duty of care towards the individual concerned, i.e. they had a responsibility (duty) to ensure that their actions or omissions did not cause you to suffer harm;
- The next stage in the process is to demonstrate that the medical professional failed to observe the standards that were expected of them, i.e. they breached their duty of care; and
- The final stage involves the demonstration of what is known as ‘causation’. There must be a clear link between a medical professional breaching the duty they owed to their patient, and the injury that the patient suffered.
Evidence of Medical Negligence
The strength of a claim for medical negligence will almost always depend on the quality of the evidence that exists to support it. There are a number of key things that will need to be explored, which will be very important to the strength of your claim:
In deciding on a claim for medical negligence, the first thing that a court will need to be clear on is the facts of the situation. It is very important that these are set out as clearly as possible, otherwise the claim may struggle to be taken seriously by the courts;
The level of medical knowledge and standard of clinical practice will also figure very prominently in the court’s decision-making. It will need to be established, normally with the support of expert testimony, that the treatment you received fell below what was expected of the medical professional in the circumstances
The Timing of Medical Negligence Claims
Given the complexity of medical negligence claims, and the different criteria that need to be satisfied, they can often take some time to be dealt with properly. As a result, it is very important that claims for medical negligence are commenced as soon as possible: immediately following the onset of an injury or illness that is to be the foundation of the claim. The law imposes a very strict time limit, where medical negligence claims must be raised within three years of the onset of an injury or illness that is believed to be the result of negligent medical treatment. In a few circumstances, the three year time limit can be extended. However, the likelihood of this being allowed is very slim in most cases.
Compensation for Medical Negligence
It is the role of legal advisors to look at a claim and set out what amount of compensation for the medical negligence is appropriate, supported by compelling evidence of medical negligence. However, the courts are the final decision makers on this point, and they will consider a number of things, including:
- The level of damage suffered, and the long term implications of this;
- The cost of care that will be need in the future to treat the injury or illness; and
- The costs of instructing a legal team to mount the claim in the first place.
- It is incredibly difficult to determine what a particular claim for medical negligence could attract in financial compensation: minor injuries resulting from negligence can attract awards in the region of several thousand pounds.
- Alternatively, severe injuries or illnesses that are deemed to be the result of medical negligence can attract even higher levels of compensation. This will depend entirely on the circumstances of the claim.
Making a Medical Negligence Claim
- Healthcare is very complicated, and court claims concerning negligent treatment in healthcare are equally complex. It is essential that you do the following things to help build a robust claim for medical negligence:
- Keep a detailed record of when you had undergone medical treatment, and how long afterwards you began to exhibit symptoms of the injury or illness that is to be the subject of your claim;
- Take some time to think on exactly who was involved in your treatment, and what they did; and,
- Ensure that you have access to your medical records, especially if you have sought medical advice in managing the injury or illness that is the subject of your claim.
Our expert medical negligence lawyers have many years’ experience of handling complicated claims. We use our knowledge of the law, and our skills in negotiation and advocacy to mount a robust claim for medical negligence compensation. Find out today how our team can help you.
Contact our Medical Negligence Solicitors in Edinburgh, Glasgow & Scotland
We provide assistance in respect of medical negligence claims across Scotland, including Edinburgh, Glasgow, Aberdeen and Fife. Contact us now by filling in our online form or call us on 08082789437