23 February 2015
Medical and Clinical Negligence Explained
In all cases where you or your family has been injured after receiving medical treatment, you are entitled to an explanation as to what went wrong.
The same entitlement applies to people who are children or dependants of a patient who passed away.
The key to winning compensation after poor medical treatment is establishing breach of a duty of care. If a duty of care breach has taken place at any time during the medical treatment then compensation may be claimed for medical negligence (also known as clinical negligence).
Medical negligence claims can relate to many types of treatment. These include:
- Accident and emergency
- Cancer treatment
- General practice
- Keyhole surgery
- Mental health
- Obstetrics and gynaecology
- Plastic surgery
- Vascular surgery
What Constitutes a Breach of Duty of Care?
There are a number of medical mistakes that are breaches of duty of care. These are usually by doctors but can also be other professionals such as dentists, midwives and psychiatrists. They include, but are not limited to:
- Failure to obtain consent to perform an operation
- Taking insufficient care in performing surgery
- Delayed referral to specialists
- Failed or delayed diagnosis of medical problems
- Prescribing incorrect medication
- Failure to give warning of risks in treatment
Clinical negligence is when a practitioner has strayed from treatment standards and that has caused some form of injury, be it physical or emotional. It doesn’t mean that the practitioner is incompetent; it can just mean that in that particular case they made a mistake they shouldn’t have.
Difference between Personal Injury and Medical Negligence Claims
Clinical and medical negligence compensation claims differ from personal injury claims. Instead of simply showing that somebody else was to blame for causing an injury, it must be proven through the evidence of specialist medical experts that there were medical mistakes in the treatment that a competent doctor would not have made. These errors must be shown to have played a part in the injury which is being claimed for.
If you believe you have suffered as the result of a breach of duty of care by a medical professional, you should immediately get legal advice from a Medical Negligence Solicitor.
98% of Slater and Gordon’s Clinical Negligence Claims are dealt with on a No Win, No Fee basis. This means there is no financial risk to you.
Call our Clinical Negligence Solicitors for a free consultation on freephone 0800 916 9049 or contact us online and we will call you.
Immediate legal representation and rehabilitation support are available anywhere in the UK.
Slater and Gordon Lawyers are a leading clinical negligence law firm with more than 1,450 staff and 18 offices in London, Liverpool, Manchester, Birmingham, Bristol, Milton Keynes, Edinburgh, Cardiff, Cambridge, Merseyside, Halifax, Sheffield, Newcastle, Wakefield, Derby and meeting rooms in Bramhall, Cheshire and in Hull, Yorkshire.