Understanding Medical Negligence: What Every Patient Should Know

According to research, 2022-23 shows the percentage of clinical negligence claims received by NHS England based on different medical specialities. During that period, obstetric cases accounted for 13% of all negligence claims filed with NHS England.

And that’s where medical negligence claims come into the picture to get you compensated. However, it doesn’t imply you’re automatically entitled to compensation if anything goes wrong during your treatment or surgery.

Thus, it’s essential to understand the true meaning of medical negligence and learn to claim compensation correctly.

So, let’s understand the basics.

What Is Medical Negligence?

All medical experts owe a duty of care to their patients. Medical negligence happens when a medical care provider can’t fulfil this professional obligation. And in some of these cases – not all – you can claim medical negligence/malpractice compensation.

Negligence is generally the failure of care and assistance with necessary and reasonable caution that’s expected from a person of a similarly trained professional.

So, the exact definition varies based on the professional. The same level of care and caution is not expected from a doctor, nurse, etc.

Examples Of Medical Negligence

Now, let’s get a better picture of medical negligence with practical examples as follows:

• Failure to diagnose the apparent symptoms of a severe disease
• Misdiagnosis of a person with lung infection when they have lung cancer
• Failure to monitor a patient adequately or keep them under observation for adequate time
• Failure to prescribe or perform the necessary medical tests
• Administration of wrong medicine or missing doses
• Prescription of the wrong medicine
• Administration of excess or too little anaesthesia
• Failure to get informed consent
• Wrongful use of medical devices
• Wrong treatment
• Surgical instrument left inside patient’s body
• Botched surgery procedure
• Omission of possible risks post-surgery or treatment

However, these are only a few circumstances. Several other circumstances may fall under this category.

When Can You Get A Medical Negligence Claim?

You can claim compensation from a medical negligence claim when it becomes a medical malpractice case. This happens when negligence is the sole and primary cause of the harm caused to the patient.

Here are the four essential elements of medical negligence and malpractice claims:

• The medical care provider owes the patient a duty of care.
• The medical care provider provided below-standard care and caused medical negligence.
• The medical negligence led to direct harm.
• The patient suffered compensable damage.

When Can You Not Get A Medical Negligence Claim?

On the off-side, not every medical negligence will get you a compensation claim. To understand this better, consider this scenario: Your doctor misdiagnosed your flu for something else. This is medical negligence. However, you can’t claim compensation if you recover soon without significant harm. When it comes to more severe cases, such as birth injury claims, the landscape changes. If you or your child experienced harm due to medical negligence during childbirth, you may be eligible for a compensation claim. It’s crucial to assess the extent of the injury and its lasting impact to determine the claim’s validity.

Who Can Be Responsible For Medical Negligence?

Anybody who’s a trained medical care provider but provides you with subpar care that leads to harm is responsible for medical negligence. Some professionals or establishments that employ negligent caregivers you can hold accountable are:

• Doctor
• Nurse
• Dentist
• Chiropractor
• Lab technician
• Hospital
• Clinic
• Healthcare institution

Note: Healthcare facilities are liable for harm committed by their on-duty employees. Even if the facility is not responsible for the exact incident, they’re supposed to pay you for damages.

How To Claim For Medical Negligence?

To claim medical negligence, you must first seek a team of medical negligence solicitors and consult them. It’s best to research the benefits your team will provide. To choose the right team, look for these promises:

• If you win the case, they must pay you the entire compensation without deduction.
• If they win, they must claim money from the negligent healthcare provider or facility.
• The team must be experienced in this field.

Then, you must gather the following proof that shows:

• The said healthcare provider owed you a duty of care or obligation.
• The said healthcare provider committed medical negligence.
• You suffered direct damages for their negligence.
• The damages are something compensable, like:

1. Exaggerated hospital/medical bills
2. Lost jobs/wages
3. Pain and suffering
4. Requirement of much more invasive treatment
5. Undergoing unnecessary treatment
6. Anxiety and stress suffered due to other damages and harassment
7. Wrongful death of a loved one due to mistreatment

If you need help gathering necessary medical records and evidence, the solicitors will also help you find the required experts to prove your case.

An experienced attorney will help you negotiate and receive compensation out of court, i.e., without a lawsuit. Or they will take things to court, guide you to file a civil case, and help you get the deserved compensation!

Conclusion

If you or a loved one has experienced medical negligence and malpractice, it is crucial to seek legal assistance promptly. Talking with a team of legal experts specializing in medical malpractice cases can ensure your rights are protected and justice is pursued. Don’t hesitate to contact professionals who can guide you through the legal process, provide support, and help you seek the compensation you deserve.

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