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Medical negligence

Suffering an injury due to a case of medical negligence can be an extremely stressful and often life-changing experience.

Injuries that result from medical or clinical negligence can often be very serious and life-altering, and even the most ‘moderate’ of medical negligence injury can lead to a loss of confidence and deterioration of the sufferers quality of life.

Here at CL Legal our Liverpool-based medical negligence solicitors are here to help if you or a loved one has suffered an injury due to medical negligence. Our solicitors will help you through every aspect of your claim on a No Win No Fee basis and work to help you get the compensation you deserve.

In order to bring such a claim, it must be shown that the particular health care professional involved in your treatment did not carry out their responsibilities properly and it was this failure that caused the injury or condition that resulted.

It is crucial with these types of claims that legal advice is sought as soon as reasonably possible after the act of negligence has occurred so that the best possible advice is given.

If you would like to make a claim, or would like to learn more about how CL Legal can help you, simply fill out our form now to request a call back from one of our expert medical negligence solicitors…

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If you believe you have suffered an injury/condition as a result of Medical Negligence:

  • Contact us and we will take full details from you with regards to your potential claim. This will include a full chronology of your treatment history from start to finish, and any other information necessary in order to make an assessment of your potential claim.
  • If you have not already done so, keep a “pain” diary detailing of your treatment and progress that has been made to date (and into the future)
  • Collate any witnesses details/details of family members that have accompanied you to medical appointments and/or are witnesses to the level of pain and suffering you have endured/continue to endure
  • Keep receipts/details of all out of pocket expense you have incurred as a direct result of this claim e.g. loss of earnings/medical costs/travelling expenses/care costs etc.

 

What happens next?

One of our dedicated Solicitors will be able to guide you through the legal process from start to finish with the least disruption to you.

Please note that strict time frames apply when making any Personal Injury Claim so time is of the essence.

Your case will be dealt with on a No Win No Fee Basis*

 

*meaning you pay nothing if your claim is unsuccessful

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Contact our expert personal injury solicitors today

What is medical negligence?

Medical and clinical negligence claims generally relate to injuries that are sustained due to substandard car provided to a patient by a medical professional e.g. a doctor, nurse, GP, dentist etc… Medical negligence can occur in a variety of ways, such as misdiagnosis, surgical errors or incorrect treatment.

Medical negligence compensation claims differ from ‘normal’ personal injury claims as they require that you, the ‘Claimant’, to prove two separate things: that the healthcare or medical professional is at Fault for your injury as they failed to carry out their responsibilities, and that this led to Avoidable Harm i.e. the injury you suffered and the position it has now caused you to be in.

Fault: In the case of medical negligence, this refers to the medical professional’s ‘breach of duty’ – which simply means that they failed to provide the level of care and treatment that you would reasonably hope for.

Avoidable Harm: This is often referred to as ‘causation’, and generally means that your claim needs to demonstrate the the negligent ‘breach of duty’ of the medical professional caused your injury rather than the underlying condition that caused you to be in the care of medical staff in the first place.

How much compensation could I claim for medical negligence?

As with all personal injury claims, the compensation payout you could be awarded depends on a variety of individual factors – particularly the severity of your injury and the long-lasting effect it has had on your quality of life and employment prospects.

However, there are certain legal precedents and examples we can use to provide an estimated compensation payout amount. For more information on this, visit our medical negligence compensation calculator page.

Medical negligence compensation – heads of claim

A medical negligence compensation claim will typically feature two heads of claim: General Damages and Special Damages:

General Damages – these are paid to compensate the Claimant for the pain and suffering they have endured as a result of the negligent act. The amount of general damages will be calculated based on how severe the injury is and how this has impacted upon their day-to-day life and how it has effected their ability to work. In order to prove the extent of the injuries, medical records will need to be produced by the Claimant/their solicitor.

Special Damages – these are paid to compensate the Claimant for any expenses they have incurred as a result of the injury. Special damages can include costs from the day the injury occurred and any future predicted losses, such as:

  • Medical treatment
  • Specialist equipment (e.g. wheelchair, crutches, mobility aids)
  • Loss of earnings
  • Change/adaptation of accommodation
  • Costs of care
  • Travel costs

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Types of medical negligence claim

Medical and clinical negligence can occur in a variety of different ways. We’ve outlined some of the most common types of medical negligence below, but note this is in no way an exhaustive list…

Delayed diagnosis

Failure to diagnose a medical complaint in a reasonable time can lead to extended pain and suffering in the patient, as well as life-long complications and even death. Delayed diagnosis can also include delays in being referred to a specialist.

Misdiagnosis

When in the care of trained medical professionals you have the reasonable expectation that your issues and complaints will be listened to and investigated, and that you will correctly diagnosed. Unfortunately this doesn’t always happen, and the misdiagnosis may not become apparent until you have got a second opinion on your illness/ailment. Like delayed diagnosis, a misdiagnosis can result in prolonged pain and suffering for the patient as well as long term implications and death. Read our medical misdiagnosis claims advice page for more information.

Failure to warn and/or seek consent

All medical professionals have a duty of care to adequately warn patients of the risks associated with any proposed procedure, and to seek the patients consent before proceeding. This is so that the patient can fully understand the risks and make an informed decision. If a patient is denied this then it could amount to negligence on the medical professional’s part.

Surgical error

In simple terms, surgical error refers to what’s perceived by experts to be a preventable mistake which takes place during the performing of surgery on an individual. Whilst admitting that all surgical procedures involve an element of risk by their very nature, patients should always receive the best possible health care before, during and after an operation.

Child birth injuries and complications

The birth of a child is naturally a joyous moment for every family and mother, but it shouldn’t go ignored that child birth can be dangerous for both the mother and the child. There are many ways in which child birth can cause problems and injuries for the mother – known as maternal birth injuries – such as perineal tears, bladder or bowel damage, spinal injuries, C-section wound failure, anaesthetic paralysis, septicaemia and much more.

Injuries and life-altering conditions can also occur to the child at this time, for more information see: Cerebral Palsy compensation claims advice, Oxygen deprivation at birth claims, What is Congenital Hip Dysplasia? and How to make a birth defect compensation claim.

Dentist negligence

Compensation claims can be made against dentists if you have suffered pain, loss of teeth, sinus perforation or injuries to the jaw during dental treatment.  Dental errors can lead to unnecessary pain and suffering and, while most patients make full recoveries from mistakes made during dental treatment, some injuries can prove life-changing.

Some common forms of dental negligence include the wrong tooth being removed and anaesthetic not being administered correctly. Other more serious claims can involve complications with root canal treatment, nerve damage and even issues that can lead to cancer of the mouth.

Prescription and medication errors

Each and every day across the UK, hundreds of thousands of prescriptions are written and dispensed. While the vast majority of these are processed correctly errors it is not uncommon for errors to occur.

There can be serious long term consequences to taking the wrong medication, or taking an incorrect dose – from digestive problems and allergic reactions to severe psychological illness, brain damage and even death.

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Am I eligible to make a medical negligence compensation claim?

If you have suffered an injury or condition as a result of what you believe to be the negligence of a medical professional, then you could be entitled to make a claim for compensation.

Regardless of whether the claim is against the NHS or a private medical practitioner, the expert medical negligence lawyers at CL Legal can help you get the compensation you deserve. To start your No Win No Fee medical negligence claim, fill out our quick contact form now and we will be in touch to discuss you claim further.

Medical negligence claims time limits

In terms of the time limitations on making a claim, the medical negligence Statute of Limitations (1980) forms part of the Limitation Act which places a limit on the amount of time in which you can put forward a claim for medical negligence.

This time limit has two purposes, firstly it makes sure that all claims are brought when the evidence of negligence is at its most recent. Secondly, it protects medical practitioners from the constant fear of retrospective litigation.

Here in the UK the maximum length of time for you make a medical negligence compensation claim is three years. However there are exceptions which can either reduce or extend this depending on your circumstances.

It is therefore imperative that you consult with a professional medical negligence solicitor as soon as possible to discuss your potential claim in detail.

Medical negligence compensation claims process

In dealing with medical negligence claims, we will follow the Clinical Negligence Protocol which sets out a clear process from the outset.

To begin the process, fill out our quick claim form. We will then be in touch to discuss your claim in detail and outline exactly how we can help you. When we progress the claim we will seek medical records detailing your injury, and then outline your claim for compensation to the Defendant (i.e. the healthcare body) in the form of a Letter Of Claim.

Call now: 0151 225 0197

Contact our expert personal injury solicitors today