Medical Negligence: The Law Explained

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Medical Negligence the Law explained

Clinical negligence law can be both incredibly complex and heart-wrenching at the same time. Cases can involve difficult medical issues for patients who suffer life-long injuries after wrongful treatment. However, when successful in obtaining compensation for clients, clinical negligence law can be very rewarding.

Across 2019-2020 there were nearly 11.7000 clinical negligence claims reported to NHS England. This was the highest number of clinical claims reported since 2014. With cases on the rise more and more each year, we wanted to delve into what exactly passes as medical negligence these days and how medical negligence lawyers work out their roles to get the justice deserved for patients affected.

What Is Medical Negligence?

Medical Negligence

According to Citizens Advice, clinical negligence can qualify due to any of the following:

  • Your condition was wrongly diagnosed or went undiagnosed
  • A mistake was made during a procedure or operation with fewer hygiene habits
  • Your medical practitioner administered the wrong drug to you
  • You were not properly informed before giving consent to treatment
  • You were not warned about the risks of a particular treatment

It’s worth mentioning that you can only claim compensation if you can prove that the care you received fell below medically acceptable standards or your treatment led this directly to the injury. It can be extremely difficult to navigate the above circumstances alone, so if you feel you may have experienced medical negligence, and you’re considering taking legal action, we advise that you seek legal advice from a specialized clinical negligence solicitor.

How Do I Make A Claim?

How do I make a claim

Some solicitors offer a Conditional Fee Agreement (CFA) more commonly known as a ‘no win, no fee arrangement, whereby if it turns out you don’t have sufficient grounds to make a claim, after all, you won’t be charged any legal fees. The first step on the first time take is to contact a medical negligence specialist to arrange and submit a claims assessment, who will provide you with all the information you need. If it’s established that you do have a valid case, your specialist will support you through your claims process. Your specialist solicitor should take care of important tasks such as arranging medical examinations and negotiating on your behalf to get you the compensation you deserve. Don’t be afraid if your case results in going to Trial. This simply means that your case is strong enough to be submitted as evidence in court in order for you to receive your full compensation.

How Far Back Can I Claim?

Finally, be aware that there is a limit to how far back you can claim against medical negligence. You must make your claim within 3 years of when you believe the negligence occurred or 3 years from the date that you were first aware of suffering any symptoms which could be due to clinical negligence.

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