Medical Negligence Compensation Claims

As a medical patient one literally puts their lives in the hands of another individual, trusting that their knowledge will be used correctly and they will do all they can to ensure their patients’ health. In cases where patients feel they were injured, or became ill because of improper medical care, they may be eligible to file a medical negligence compensation claim. 

There are occasions when the treatment you receive may fall below this accepted standard and you are injured as a result, there are many examples of medical negligence including:

• Where an operation has been badly performed
• A delay in diagnosis / misdiagnosis
• Where you are misinformed or misdiagnosed
• Incorrect treatment
• Inappropriate treatment
• Medical Device/Product Failure

Medical negligence is a serious accusation and each case should be properly researched before beginning the medical negligence compensation claims process. It is advised to contact a medical negligence claim solicitor in order to receive the best results when dealing with a medical negligence compensation claim.

If you Have suffered  an injury due to medical negligence within the last 3 years in the UK then you may be able to receive compensation. A claim for compensation must be settled or legal proceedings must have been issued within three years of the event causing the injury. Legal action will become statute barred if this time limit is exceeded however there are some exceptions to this rule.

• In claims for minors the three year period does not start running until the eighteenth birthday
• In clinical claims the three year period begins to run from the date when the injury was first discovered
• For people who suffer from mental incapacity the time may never start to runJudges have discretion to override the time limits

When dealing with a medical negligence case it is important to gather every piece of medical documentation that has been recorded in relation to the said illness or injury. It is necessary to prove that the medical professionals that were in charge of the case are at fault, and the fault is not because of human error of the injured party. A failed operation or a treatment that did not work does not necessarily mean that the medical professional was negligent. There has to be reasonable proof that the medical professional acted outside of the normal protocol and made decisions against their better judgment.

 It is always a good idea to first file an official complaint with the institution where the medical treatment was first received. It is likely that they will want to correct the problem just as much as you do and will go out of their way to assist. If this is not the case it is very important to contact a lawyer with extensive experience in medical negligence litigation. There are a variety of types of medical negligence and a knowledgeable personal injury claims solicitor will be able to determine under which to file the compensation claim.