By James Andrews
What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to provide care that meets the accepted standard, resulting in avoidable harm, injury, or illness to a patient.
Can I pursue a claim?
In order to have a claim for medical negligence, you must be able to prove that:
- A medical professional owed you a duty of care;
- They breached this duty; and
- The breach directly resulted in you suffering avoidable and unnecessary harm.
This breach of duty can happen in any healthcare setting, whether NHS or private, and may give rise to a legal claim for compensation if certain criteria are met.
It is important to note that in most circumstances, you only have a period of three years to start a claim from the date the medical negligence occurred, so it is key to seek professional advice as soon as you can.
Common examples
Some breaches of duty are obvious, while others are more difficult to identify as negligent. These range from:
- Misdiagnosis or delayed diagnosis leading to further complications;
- Surgical errors;
- Receiving incorrect or improper treatment or medication;
- Failure to refer;
- Inadequate post-operative care;
- Pregnancy and birth related injuries;
This is a non-exhaustive list, and not every case may lead to a claim. However, due to the strict time constraints and limitation periods for medical negligence, it is important to seek advice quickly if you feel you may be entitled to bring a claim.
Can I claim on behalf of someone else?
Yes – if the person who has suffered the injury is unable to engage in the litigation process, then you may act as a ‘litigation friend’ which allows you to pursue the claim in the best interests of the injured person.
Common examples where this is the case include:
- If the affected person is a child;
- If the affected person lacks mental capacity; or
- If the affected person has suffered an injury so severe that it would not be practicable for them to manage their own affairs during the litigation process.
If an individual has passed away as a result of negligent medical care, a family member may also be entitled to bring a claim on their behalf.
Who should I contact?
It is important to remember that every case is fact dependent. If you feel that you may be entitled to bring a claim based on the above information, please contact a solicitor in our litigation department who can help review your case.
You can contact:
or
