Who Can Make a Claim?
Medical negligence claims can arise if a patient has received sub-standards medical care and as a result of the sub-standard care there has been an adverse effect. In these instances where there has been an error by a medical professional such as a doctor, surgeon, nurse, dentist, etc there may be cause for considering a claim for medical negligence compensation.
For a medical negligence claim to be successful, broadly speaking it is important to establish that the errors during the medical treatment would not reasonably have occurred if the same procedure was conducted by another competent medical professional. It needs to be proved that the treatment fell below acceptable standards and that the treatment has caused harm or injury to the patient.
If you are not sure whether the treatment you have received would potentially warrant a claim for compensation based on medical negligence, here is a non-exhaustive list of common events that may justify closer scrutiny –
- A permanent disability
- A requirement for surgery that was not at first anticipated
- An illness progressing to a stage where treatment is not longer an option
- An ongoing pain
- Awareness during anaesthesia
- Bone fracture that has been missed
- Brain injury or loss of memory
- Cancer misdiagnosis
- Failed sterilisation or vasectomy cases
- Harm brought on by incorrectly prescribed medicines
- Having to reattend A&E shortly afterwards after having been discharged
- Inability to work or care for oneself
- Infections (hospital acquired)
- Longer than acknowledged recovery period
- Mistakes during cosmetic surgery
- Surgical error which causes a permanent damage to the body
- Unacceptably high levels of scarring that was not anticipated
If you are considering making a claim for compensation due to an injury or illness that you believe was caused by medical negligence you may wish to view the following sections –