13th March 2020
Most of us throughout our lives will need to use the services of our GP, dentist or an optician. Many of us will also experience a hospital stay at some point or encounter the services of a surgeon, paramedic, therapist, midwife etc.
These are trained professionals that we trust deeply and have faith in to keep us and our families safe from harm.
Unfortunately mistakes and errors are made in everyday life and medical practitioners are no exception. Sadly, when mistakes are made by medical professionals the results can be devastating for patients and in some cases, even fatal.
Often people are unsure whether they have a claim for medical negligence but delaying finding out could mean that you miss the limitation period and therefore lose out on financial compensation.
There are many different situations that could suggest you have a strong claim for compensation, if you have experienced one or some of the below points, then you are likely to require our services in fighting your case.
#1 The Medical Professional had ‘Duty of Care’
You cannot bring a claim if the doctor or medical practitioner did not have a duty of care for you or your family member that you are representing. In other words, you need to have seen or enlisted the help of a medical professional and made them aware of your ailments, illness or injuries.
#2 Duty of Care has been Breached
The practitioner’s actions (or lack of actions) have fallen below the expected duty of care for someone trained in that field. Examples of this could be failure to diagnose a condition, failure to refer to a specialist, a prescription error or making an error during a procedure such as damaging a nerve during an operation or failing to prevent infection.
#3 You Have Been Caused Unnecessary Harm
In order to bring a successful claim, you need to show that you have endured pain, harm or suffering. This is sometimes referred to as ‘causation’. If you have suffered from a condition for a longer period of time, or your condition has worsened due to delays in treatment then this shows causation. Or if you had to undergo surgery or further procedures to put right a mistake then may be a clear indication that you have a claim. In other situations it is not as obvious to show causation but your solicitor will be able to advise you.
Keep scrolling for more common signs of medical mal-practice…
#4 You Have Had Time Off Work or Lost Earnings
If you have needed to take time off work due to your suffering or injuries incurred at the hands of medical professionals, then this indicates an entitlement for financial compensation for loss of earnings. Often workers are only entitled to statutory sick pay or they have needed to use annual leave to attend medical appointments. If you are self-employed then the situation can be very difficult financially. Your claim will also consider other expenses you have suffered, such as travel expenses, carers, prescriptions etc.
#5 Change of Lifestyle
We sadly see clients who have had to adapt to major changes in their lifestyle because of medical malpractice. Able-bodied people who are now registered disabled, those who have lost limbs, had their senses or fertility affected and cancer patients who are too late for life-saving treatment. If your quality of life has changed then this is a strong indication that you have a compensation claim.
#6 You Have Received an Apology
In accordance with guidelines hospitals and medical practices will offer their apologies when errors are made and open an internal investigation into what went wrong. Occasionally patients or their families will receive a formal apology and at times an offer of financial compensation. If you have been told verbally or in writing that a practice is at fault, then you could have a claim.
If you are concerned about medical negligence and believe that you may have a claim, we would urge you to get in touch with us as soon as possible, to get the ball rolling with a medical negligence claim. Claims of this nature follow a strict time limit, therefore it is important to act quickly in order to obtain the justice that you deserve.
Call our local office on 01256 844888, email us at firstname.lastname@example.org or speak to our online chat assistant who is available 24/7 via our website.
We work on a ‘No Win, No Fee’ basis and seek to obtain the maximum levels of compensation for our clients.
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The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
Lamb Brooks LLP
39 Winchester Street
f: 01256 330 933
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