When To Make a Compensation Claim for a Medical 'Never Event'
Medical 'never events' do occasionally happen. When is it appropriate to make a claim for compensation?
What is a medical 'never event'?
A 'never event' in a medical context refers to an event in patient care which should never happen. If medical professionals work within and in accordance with the guidelines, protocols and procedures of their profession, these events should not occur.
Examples of 'never events' include occurrences such as a procedure being carried out on the wrong part of the body or, shockingly, to the wrong patient. Such an event may only have minimal consequences but, in some circumstances, can be utterly catastrophic.
Other examples would include the use of an incorrect implant or prosthesis, the incorrect administration of medication and accidentally leaving surgical equipment inside a patient after their procedure.
When to make a claim
If a 'never event' causes long-term and debilitating symptoms, it may be possible to make a claim for compensation. A successful claim would take into account any financial losses caused by the error, such as loss of earnings of a patient who is unable, either temporarily or permanently, to work.
For example, a patient who has undergone abdominal surgery may find that surgical equipment has been left inside the abdomen. If this error is not identified and resolved at the time of the original procedure, it may risk damaging the internal organs and the bowel.
The patient will need to undergo further surgery and may also suffer permanent and disabling effects as a result.
Timing of a compensation claim
It is important to be aware that the law imposes strict time limits on when a compensation claim for medical negligence can be instigated.
A potential Claimant in a medical negligence claim has three years from the date of the matters complained of which amount to negligence to commence Court proceedings.
This means that, for example, if a patient suffers debilitating damage to their eyesight in January 2020 due to a procedure being carried out on the wrong eye, it is necessary for their claim to be commenced by January 2023.
Speak to a legal specialist
Compensation claims for medical negligence are highly-complex. If you or a loved one are struggling with the physical and financial impact of a medical 'never event', contact Glynns Solicitors.
Glynns is a specialist medical negligence legal practice, comprising a team of experienced lawyers with experience and expertise in a wide range of medical negligence issues.
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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