Making a medical negligence claim


You go to the hospital for treatment. Along the way, something goes wrong. Medical treatment not only leaves you hundreds of pounds out of pocket, but also a strong sense of grievance. You have an injury and it is less likely that you will make a full recovery. You are not alone. There are thousands of cases of people harmed by unintentional medical error. Despite the fact that most healthcare professionals do a good job, things go wrong every now and then. If you strongly believe that the medical care or treatment you have received has been of poor standard and as a consequence you have been injured, you should make a claim for medical negligence. If you do not, similar incidents will happen to other people.  

Medical negligence overview

Medical negligence takes place when a healthcare professional –doctor, dentist, midwife, nurse, radiographer – has breached their duty, failing to provide a proper standard of treatment. The standard of care varies according to many factors, including the age of the patient, the geographic area, and the medical condition. Simply put, any act of omission of a healthcare worker is considered medical negligence.

Can you make a claim for medical negligence?

If you want to make a medical negligence claim, you should know that it is not enough to have been injured by a medical practitioner during the course of the treatment. The healthcare professional must have acted with negligence. If the healthcare provider has not acted in a careless way or caused you a serious injury, you do not have a strong medical malpractice claim. The only thing you can do is make a complaint to the hospital. They will investigate your complaint and provide you an answer.

Proving your doctor was negligent

Making a claim for medical compensation is equal to claiming an amount of cash for the harm that you have suffered. To prove that your therapeutic care was negligent, you have to get your hands on the medical records and send them to an independent expert. This medical practitioner will review your situation and show whether or not the treatment was acceptable the healthcare professional will base their advice on your medical records and your account of the treatment.  

How much compensation you can claim

Financial compensation is awarded to help pay for the extra care needed as the result of the injury. Remuneration is calculated based on things like the cost of accommodation, loss of earnings, expenditure related to care or specialist equipment. These are the damages you are entitled to claim for:

  • General damages. General damages are financial compensation for pain and suffering occurred as the result of a careless act. What you need to do is demonstrate that a skilled person would not have committed an act of negligence.
  • Special Special damages refer to money awarded for out of pocket expenses as a direct consequence of the breach of duty.

Starting a claim for medical negligence  

You have 3 years from the time of the negligence to make a claim for medical negligence. You can bring a claim on your own, but it is better to get help. A solicitor can help you with your medical negligence claim. They have ease dealing with hospitals, not to mention that they offer proper legal guidance. If you have undergone a treatment that has gone wrong, do not hesitate to contact a solicitor.