Compensation for Medical Negligence

All medical professionals, including doctors, surgeons, nurses, midwives and physiotherapists have a duty of care to the patients they treat. In general, the level of care that is provided is excellent but, if there is a breach of the duty of care, the consequences for a patient can be disastrous. Incorrect diagnosis, wrongly prescribed medication, poor surgical procedures and other failings can result in patent incapacity, persistent pain and even death.

Nearly all medical treatment involves risks and possible side effects, which should be fully explained to the patient and consent obtained before treatment starts. However, on occasions, the treatment may not go as expected and the patient may be left in a worse state than if nothing had been done.

Poor medical treatment can result in the patient suffering unnecessary pain, leave them incapable of working and mean they incur additional costs to pay for future care or to adapt their home environment. If this is due to medical negligence, a claim for compensation is likely.

In order to win compensation for negligence, you have to prove that there were serious errors in medical treatment. Additionally, these have to be shown to be errors that a competent doctor would not make and actually caused the injury or contributed to it. The amount of compensation sought will reflect the degree of suffering and provide recompense for the loss of earnings and additional costs.

Pursuing a medical claim is a complex process that deals with issues of professional negligence. Consequently, there are legal principles and rules of procedure that are completely different from those for other personal injury claims. It is vital, therefore, that you use a qualified and experienced professional to process your claim.

The solicitor you appoint will carefully assess your claim to see if it is worth pursuing. Proceedings will not be recommended if the chances of success are not good or if the likely level of compensation does not warrant the expense of the case. Proceedings must start within three years of the injury being sustained and a number of steps have to be gone through. A medical expert will assess the evidence and express an opinion of the likely outcome. A barrister who is experienced in clinical negligence has to be instructed, case meetings need to be organised and negotiations with the defendant's representatives will be started.

Should the treatment have resulted in death, the solicitor may attend the coroner's inquest to see if the evidence and verdict have any value to the claim. These cases can take a long time and can be distressing for those involved. If so, charities and other organisations are available to provide support and advice.