Clinical Negligence and When to Make a Claim for Compensation
If medical professionals provide substandard care, they may be regarded as having been negligent. When is it appropriate to make a claim for compensation?
When to make a claim for clinical negligence
It might be appropriate to make a claim for compensation in the following circumstances:
- When a breach of duty or negligent act has occurred in the course of medical care
- When the patient has suffered a worse outcome as a result of the negligence than would have been the case with an acceptable level of care
A negligent act could be many things which can have an adverse effect on the patient. For example, it could be a mistake in surgery, a misdiagnosis, a delay in surgery, a failure to carry out tests, a misadministration of drugs, a failure to examine or a failure of safety-netting.
Some errors may not have a significant effect on the patient's outcome. Others can leave a patient with long-term disability. The damage may be physical, cognitive, psychological. The broader impact can affect an individual's quality of life, their ability to work, their personal relationships and their ability to remain independent.
Timing in clinical negligence compensation claims
It is important to bear in mind that a limitation time of three years is associated with clinical negligence claims. This means that the patient, or claimant, has three years from the date of the alleged negligence by which they need to issue their claim with the court. However, a specialist solicitor will need to investigate the quality of their medical care prior to this date to identify whether or not an act of negligence or a breach of duty has, in fact, taken place.
Making a Claim
Making a claim for compensation for clinical negligence is a complex process requiring the skills of a specialist solicitor. They will have access to the best medical experts who can assess your medical records and will also have the expertise to negotiate the best settlement where negligence is found to have occurred.
Speak to a legal specialist
Glynns Solicitors is a dedicated clinical negligence legal practice with a team of expert lawyers. If you or a loved one have been the victim of negligent medical care, contact us to talk to a specialist solicitor, free of charge, about the possibility of making a claim.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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