Some common types of medical negligence:
- Misdiagnosis
- Failure to diagnose
- Incorrect treatment including unnecessary treatment or surgery
- Surgical errors
- Delayed treatment
- Failure to treat
- Failure to warn of risk(s)
- Defective medical devices
- Prescription and medication errors
- Errors with cosmetic procedures
We have a vast deal of experience here at Martyn Prowel Solicitors dealing with medical negligence claims including claims involving GPs, hospitals, private health care providers, care homes, pharmacies, dental practices, cosmetic procedure providers and medical product manufacturers.
How do you succeed in a medical negligence claim?
Firstly, you must establish that the treating medical practitioner (doctor, midwife, nurse, physiotherapist, pharmacist etc) failed to act with the reasonable care and skill expected of them – the care must have fallen below the required standard.
It is important to note that an unexpected or disappointing outcome from medical treatment does not necessarily mean that the healthcare provider failed to act with reasonable care and skill.
Secondly, you must establish that as a result of the negligence, you suffered loss. This might be in the form of:
- An unexpected injury or condition
- A delay in recovery
- Your pre-existing injury or condition became worse
- You failed to recover or the chances of you recovering diminished.
Both of the above hurdles are determined by way of expert evidence.
What can you claim?
You can claim:
- Compensation for your injury
- Out-of-pocket expenses provided they are reasonable and directly attributable to the negligence. It is important to keep safe any receipts and/or other supporting evidence as recovery is unlikely in the absence of proof.
- Future expenses which might include future loss of earnings, future care, etc.
We will be able to advise you on what you can reasonably claim.
Time limits
There are strict rules in place as to when you can bring a claim in medical negligence:
You have 3 years from the date of the negligence or the date of knowledge to issue court proceedings, whichever is later.
The date of knowledge is the date that you knew, or should have known, that your injury was as a result of the Defendant’s negligence.
Where the Claimant has died, there is 3 years from the date of death or the date of knowledge, which ever is later.
For children, they have up until their 21st birthday to issue court proceedings.
There is a lot of work involved in order to get to the stage of issuing court proceedings. We, therefore, advise seeking legal advice as soon as possible.
How can we help?
If you think you have a medical negligence claim, please give us a call on 02920 470909 so that we can have a free initial consultation.
Martyn Prowel Solicitors will let you know whether we can offer a No Win, No Fee agreement.
We appreciate it can be a daunting prospect starting a claim, however, we encourage you take the first step by calling us today.