Georgia Briscoe, Director of Legal Strategy and Transformation
What is Medical Negligence?
Medical negligence, also known as clinical negligence, takes place when healthcare professionals provide care and treatment that falls below the expected duty of care, so as to be considered negligent. When medical negligence results in an injury, illness, or another adverse outcome, you may have a medical negligence claim to pursue.
The term ‘medical negligence’ may sound a bit overwhelming, but it’s actually quite simple. When you are treated by someone working in the healthcare profession, they have a legal obligation to ensure your safety. This obligation is known as the ‘duty of care’ and means you trust that your medical provider will give you the best possible care or treatment they are able to provide. It does not matter if you are dealing with a surgeon, a doctor, an attendant at a care home, or a dentist – each healthcare professional is bound by law to attend to your needs to the best of his or her abilities.
Although most patients receive the full promise of duty of care in experiences with healthcare professionals, others are not so fortunate. There are instances where people have suffered from medical negligence at the hands of a medical professional which leads to what’s known as ‘avoidable harm’. This could be an injury, illness, or an ongoing medical condition that is the consequence of a breach of the duty of care.
A claim for medical negligence is the next step when both a breach of the duty of care and avoidable harm takes place. Every case differs from the next, making it important to work with our team of medical negligence specialists who understand what you are going through and how to get you the compensation you deserve.
What types of medical negligence are there?
Medical negligence comes in countless forms, with the most common types including:
This list only scratches the surface of medical negligence claims that you as a patient may have encountered. If you are unsure if what you have experienced at the hands of a medical professional falls in the category of medical negligence, or it doesn’t fit neatly into the most common claims we see each day, get in touch. Our team of medical negligence solicitors is able to tell if you have a claim for medical negligence, and our down to earth advice and guidance will help to get your claim started as quickly as possible.
What are the time restrictions for a medical negligence claim?
There are some time restrictions when it comes to filing a claim for medical negligence against a healthcare professional. In most cases, you have three years to make a claim, either from the date the negligent care took place or from the date you first realised negligent care was the reason behind an illness or injury. However, if you are making a claim for someone who is a minor or who does not have the mental capacity to make a claim on his or her own, the three year restriction may not apply. No matter which circumstances you fall under, it is critical that you contact our team of solicitors as soon as you are able. Because a medical negligence case requires a personal account of what took place, the fresher your memory, the better. The sooner you contact us, the quicker we can begin building your case.
How do I start a medical negligence claim?
The first step in the process of making a claim for medical negligence is to get in touch with us. First, we want to determine the gravity of your case and gain an understanding of what took place, directly from your perspective. From that point, we work to gather documentation, such as medical records and doctor’s reports, which help provide the context of your experience and the impact it has had on your quality of life. With this information, our team can begin to build your case and investigate the amount of compensation you may be entitled to, to cover pain and suffering, loss of income, or the cost of ongoing medical treatment. Your initial step is to contact us via telephone or our simple online claim form to discuss the details of your experience. We recognise this is a big step, but you have nothing to fear. All the advice we offer is at no cost to you, and it is treated with the strictest level of confidence. From day one, we dedicate our time and resources to help you rebuild your life and get back on track, no matter what that takes.
Who pays for a medical negligence claim?
At Fletchers all of our medical negligence cases are structured under a conditional fee agreement, also known as a No Win, No Fee agreement. This means that you have financial peace of mind starting a medical negligence claim. Our team of solicitors gets to work for you without requiring any money upfront. If your claim for medical negligence is unsuccessful, and you have cooperated fully with your case, then you will not have to pay a penny. Instead of worrying about the financial aspect of working with our solicitors, you can focus your energy on healing. We’ll do the rest. We know how difficult it is to live with an illness or injury due to poor quality medical care, which is why our main focus will always be you. Our medical negligence solicitors will take great care to make sure you get the best service that is not only professional, but with an understanding of your unique experience. We promise to be by your side every step of the way, working to get you the compensation you deserve to get back to being you. If you’re ready to talk with one of our medical negligence solicitors, give us a call or fill out our simple online claim form today.