Clinical negligence Claims
If you have been injured both physically or mentally due to poor standard of health care, then you may grounds to pursue a medical negligence claim.
Our medical negligence solicitors are here to fight with you to get financial compensation that is rightfully yours.
You can take legal steps – or action – if you’ve suffered as a result of clinical negligence.
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What is Clinical Negligence
Healthcare professionals are the frontline of good health. They are trained professionals who provide healthcare treatment and advice. Healthcare professionals mainly work as medical doctor (such as family physician, internist, obstetrician, psychiatrist, radiologist, surgeon etc), physician assistant, pharmacist, pharmacy technician, medical assistant, nurse, physical therapist, occupational therapist, dentist, midwife, psychologist.
Clinical Negligence is a failure to exercise appropriate care both physically or mentally causing harm due to poor standard of healthcare they gave you. Clinical negligence is also know as Medical negligence or Medical malpractice.
Some examples of clinical negligence which you may have suffered an injury because a healthcare professional may have :
- Failed to diagnose your condition or even made the wrong diagnosis.
- Given you the wrong prescribed drug
- Failed to warn you about any risks involved during treatment
- Failed to get your consent to treatment
- Made a mistake during an operation or procedure
If you’ve suffered an injury as a result of medical treatment then you may be able to claim compensation. Contact our team at DIYPI and our very best medical negligence solicitors will fight for you to receive the outcome your rightfully deserve.
Did you know?
By a similar token, you can also instigate the same procedures regarding taking legal steps towards claiming compensation, should you be the next of kin of someone who can’t pursue a claim themselves. Due to them being a victim of clinical negligence, resulting in their death.
Claim against the NHS
A big reason that people do not claim for Clinical negligence is the stigma surrounding claims against the NHS.
The NHS is one of our proudest achievements in British social justice, however if you have experienced negligence, claims against the NHS will ultimately prevent future mistreatment and an eventual decline in medical negligence cases.
Healthcare professional in practice are required by law to hold appropriate insurance or indemnity arrangements in place. If the professionals work for an NHS or HSC body, the organisation they work for will receive indemnity through a clinical negligence scheme.
Clinical negligence can refer to any of the following points caused by a health provider:
- Made a mistake during operation or procedures
- Made the wrong diagnosis or failed to diagnose your condition
- Prescribed/administered the victim the wrong drugs
Medical Negligence FAQs
Will I need a medical examination?
In order to provide sufficient evidence of medical negligence it may be necessary for you to undertake a medical examination. This will be used as evidence in your case.
What is the time limit for Clinical Negligence claims?
Clinical negligence claim starts within 3 years of receiving the treatment, or when you first realised you are suffering from an injury which you feel came about as a result of clinical negligence.
However, the 3 years limit doesn’t apply to children below 18 years of age. For a child who you think may have suffered from clinical negligence, they must be up to 18 years old before starting a claim. Otherwise, a parent or close relative will have to claim on their behalf.
Another fact worth bearing in mind for anyone approaching us to help them pursue a claim for clinical negligence compensation, is this. An adult who can’t manage their mental disabilities has to recover from their disabilities before starting their claim. The 3 years limit doesn’t apply until such time as they recover. Meanwhile, for a mentally disabled adult, as with a child below 18 years of age, a close relative or parent can claim for them.
How much will the claim cost?
Most of our clinical negligence claims are made on a ‘No Win No Fee’ basis. In layman’s terms, this means that no payments will need to be made to DIYPI upfront, and that you won’t be liable to any payments whatsoever, unless your claim ends up being successful.
Before you begin your case, we will discuss the subject of payments with you so that you’re aware of all eventualities. If your claim is successful, your opponent will be liable to paying most of the legal fees, while the remaining is deducted from your compensation award. You don’t have to worry much about this, because we will keep you updated throughout as we pursue your case.