Understanding Medical Negligence Claims

We all put our trust in our doctors, dentists and hospitals when we are ill or injured as part of our day to day lives.  We trust the health professional’s diagnosis and judgements.  However, sometimes a health professional can get it wrong and make mistakes.  Unfortunately, some of these mistakes can have devastating and even fatal consequences for patients and their families.

It should be noted however, that not all mistakes amount to “medical negligence” which leads to the question, what is medical negligence?

In order to have a successful claim for medical negligence, it is necessary to prove the following: -

• a.    That the health professional was negligent.  This means that they acted in a way that no other reasonable and responsible health professional of the same ilk would have done.  Not all mistakes qualify as a breath of duty of care.  For example, the mistake made could be excusable and one which other health professionals may have made in the same circumstances.  To establish a breach of duty of care, an independent expert must report that the mistake made was so unreasonable as to amount to negligence.

• b.    That the negligence directly caused or contributed to the injuries sustained (on the balance of probabilities).  You must have suffered symptoms or injuries over and above what you had experienced had the health professional not treated you negligently.  This is known as “causation”.

• c.    The damage which you have sustained is sufficiently serious in terms of compensation it would attract, to justify embarking on a compensation claim in the first place.  

Types of Medical Negligence Claims:

There are various types of medical negligence claims including the following:-

• Misdiagnosis Claims.  On occasions when medical staff misdiagnose a patient and get it wrong, it can have a devastating impact on the quality of the patient’s life and long-term consequences on their health.  If you have suffered the misfortune of a medical misdiagnosis, you may be eligible to make a claim for compensation.

• Surgical Negligence Claims.  Mistakes made during surgery can leave a patient with long lasting pain and severely diminish the quality of their life.

• Prescription Error/Medication Negligence Claims.  If a medical professional has prescribed medication in error, it can potentially result in grievous physical or mental health side effects.

• Birth Injury Compensation Claims.  If you, or your child, has suffered as a result of sub-standard medical care in pregnancy or labour, it can have a devastating impact on the quality of the life of both the child and the parents.

• Cancer Misdiagnosis Claims.  Being diagnosed with cancer is devastating for you and your family and is made even harder if a treatable illness has been misdiagnosed or diagnosed too late.

Medical Negligence Claim Process:

The prospect of bringing a medical negligence claim can be daunting however, by understanding the basics of the process, you may be less apprehensive about exploring the prospect of claiming if you need to.

The first step in pursuing a medical negligence claim is determining for yourself and if you believe you have suffered due to negligence of a health care provider.  If you are unsure, you can contact Tormeys Solicitors to discuss the matter further.

It is important to speak to a medical negligence solicitor as soon as possible as there are time limits within which a case in medical negligence must be commenced.  A claim in medical negligence must be commenced within two years from the date of injury or within two years of the “date of knowledge” of your injury.  Your “date of knowledge” can be somewhat of a moveable feast therefore it is important that you speak to a solicitor as soon as possible to discuss your potential cause of action.  In relation to minors (under 18), the two-year time limit does not begin to run until they reach 18.

Once you have instructed your medical negligence Solicitor, your solicitor will begin the process typically involving gathering all relevant evidence, securing medical records, and securing an expert liability report.

Making a Medical Negligence Claim with Tormeys Solicitors 

At Tormeys Solicitors we have over 75 years of expertise in assisting clients with medical negligence and personal injury cases.

We understand that you have been through a very stressful time and Tormeys Solicitors dedicated medical negligence team aim to take the stress out of investigating the case on your behalf.

With that in mind, we will investigate your case as straightforward as is possible without delay and advise you and keep you updated on every step of proceedings.

If you believe you have suffered from medical negligence or personal injury, contact us via the enquiry tab on our website or call our dedicated Medical Negligence Department on 09064 93456.