What is Medical Negligence?
Medical negligence occurs when a medical professional does not act like they are supposed to, or does not follow the procedures which are set out to protect patients. Medical negligence can occur for routine procedures, emergency procedures, elective procedures and even during general checkups.
Who is affected by Medical Negligence
Medical negligence can affect anyone who has ever used organised healthcare facilities or the services of a trained medical professional. Medical negligence can even happen during birth, when mistakes can end up affecting a person for the rest of their lives.
Why does Medical Negligence Take Place?
Medical Negligence can occur for a number of different reasons, including; the practitioner being under the influence of drink or drugs; lack of training; poor hygiene; failure to follow safety regulations; and a failure to take into account the patient’s existing medical records.
Malpractice can include things which have not been done, as well as things which have been done. Medical negligence can be avoided by making sure that correct procedures are followed at all times. All medical staff should undergo regular top-up training to make sure that they understand changes in medical process.
Where can Medical Negligence Take Place?
Medical negligence can actually take place in a wide variety of different settings, including hospitals, general practitioners, dentists, health clinics, cosmetic surgeons and even a person’s own home.
Anyone who is licensed to practice medicine can be considered to be medically negligent if they fail in their duties. A person may also be considered to be medically negligent if they continue to practice medicine after they have been struck off.
Different Types of Negligence
There are a lot of different types of medical negligence in the United Kingdom. Birth injuries are one of the most common types, because it is very easy to prove that injuries during birth caused ongoing medical issues.
Misdiagnosis is also a common type of medical negligence. Failing to diagnose a problem properly can lead to the wrong treatment being administered, or a delay in starting the correct treatment. Other types of medical negligence include; surgical errors, poor hygiene conditions and failure to act in a timely manner.
Medical Negligence Claim Process
If you want to make a claim for medical negligence, you are advised to contact a qualified claims solicitor. If you are making a medical negligence claim, then you should look for a solicitor who specialises in these types of claims. This is because they will have a thorough understanding of the medical negligence claims process.
They will discuss the issue with you and advise you about whether your claim could be valid. They will help you to gather relevant evidence which will form the basis of your claim. This evidence can include your medical records, records from the establishment where the malpractice occurred, and financial records. Once they have created a solid claim, they will contact the defendant to inform them that a medical negligence claim is being raised against them.
As well as the physical injuries, pain and suffering which were caused by the medical negligence, you may also be able to claim for any financial disadvantages that you suffered because of the incident. This may include loss of present and future earnings, cost of any aids and adaptations needed, and the cost of any changes that you have had to make to your life because of the injuries that you sustained.
The defendant may dispute the value of the claim, and your solicitor may end up negotiating with them. In some cases, the claim will go to court if an agreement cannot be reached.