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Medical negligence, also known as clinical negligence, happens when a healthcare professional fails to meet the expected standard of care, which can lead to harm, injury, or death to a patient. This can occur when a healthcare provider deviates from the accepted norms and standards of medical practice, resulting in substandard or inadequate treatment.
At Beacon Law, we believe that individuals who have been victims of clinical negligence deserve support and compensation for the pain and suffering they have endured. Compensation can help cover the costs of future treatments or medical care, easing the financial burden caused by the resulting pain. If you have been injured as a result of medical negligence, our team of medical negligence lawyers in Bristol are here to assist you and our services are offered on a no win no fee basis. Contact us today to discuss your medical negligence claim and get the guidance you need.
Examples of Medical Negligence
Medical negligence can take different forms, as healthcare providers can make mistakes or demonstrate negligence in various aspects of patient care. Common types of medical negligence claims include:
- Misdiagnosis: This occurs when a healthcare professional fails to accurately diagnose a patient’s condition, resulting in incorrect or delayed treatment. For instance, if a heart attack is mistakenly diagnosed as indigestion, leading to the prescription of antacids instead of immediate cardiac care, a misdiagnosis claim may be applicable.
- Surgical Errors: These are preventable mistakes that happen during surgical procedures and are made by surgeons. They can include operating on the wrong body part, leaving surgical instruments inside the patient’s body, or causing damage to surrounding tissues or organs. Such surgical negligence errors can happen in emergency surgery, elective cosmetic surgery, and even dental procedures.
- Medication Errors: This category covers various mistakes, such as prescribing the wrong medication, administering an incorrect dosage, or failing to consider potential drug interactions or allergies. An example would be a nurse administering the wrong medication due to confusion with similarly packaged drugs.
- Birth Injuries: Negligence during childbirth can result in harm to both the mother and the baby. This may involve the failure to monitor fetal distress, improper use of delivery instruments leading to long-term brain injury or trauma, or a delayed response to complications.
- Anesthesia Mistakes: Errors in administering anaesthesia can have serious consequences. Examples include administering an incorrect dosage, failing to monitor vital signs during the procedure, or not considering the patient’s medical history when determining the appropriate anaesthesia.
It is important to note that not all cases involving mistakes by medical professionals amount to medical negligence. To establish medical negligence, it is necessary to demonstrate that the healthcare professional’s actions fell below the expected standard of care for a reasonably competent healthcare professional.
What is the process of making a claim?
At Beacon Law, our dedicated team of expert clinical negligence solicitors, Bristol, will evaluate the merits of your case, discuss the potential for making a medical negligence compensation claim, and guide you through the legal process.
Our specialist medical negligence solicitors will conduct a thorough investigation into your case. This may involve gathering relevant medical records regarding your negligent medical treatment, obtaining expert opinions, and reviewing the circumstances surrounding the alleged negligence.
If we determine that your case has merit, we will send a formal letter of claim to the healthcare provider or institution responsible for your negligence. This letter outlines the allegations, the harm suffered, and the compensation being sought.
Independent medical experts will be consulted to assess the standard of care provided by the healthcare professional involved. They will review the case and provide expert opinions on whether there was a breach of duty of care that resulted in harm or injury.
Once all necessary evidence has been collected, negotiations will take place between us and the defendant. The goal is to reach a fair settlement that compensates you for the harm and losses you have suffered. Many medical negligence claims are resolved through negotiated settlements without the need for court proceedings.
How much compensation could you be entitled to?
Compensation for medical negligence injuries can be hard to predict as every case and every injury is different. Our expert medical negligence solicitors, Bristol, can only provide you with a rough guide, though generally, the more severe an injury, the higher the amount of compensation awarded.
As well as compensation for their serious injuries, a claimant may also be awarded special damages, which are to cover any additional financial losses they have suffered as a result of their acquired injuries. This includes having to take time off work, specialist medical expenses, travel costs and ongoing care costs. It is important to keep records and receipts for expenses such as these in order for your solicitor to claim special damages.
Our specialist medical negligence lawyers in Bristol can also advocate on our client’s behalf for interim compensation payments to cover any additional expenses they incur as a result of their injuries during the claims process itself.
What are the time limits for making a claim?
The general time limit for bringing a clinical negligence claim is three years from the date of the incident or from the date when the negligence was discovered (also known as the “date of knowledge”).
However, there are a few important considerations to keep in mind:
- Date of Knowledge: If the negligence is not immediately apparent, the three-year time limit starts from the date when the claimant first became aware that they suffered an injury or harm as a result of the negligence. This is known as the “date of knowledge.”
- Children: If the claimant was under the age of 18 at the time of the negligence, the three-year time limit begins on their 18th birthday.
- Mental Capacity: If the claimant lacks the mental capacity to make decisions regarding their legal affairs, there is no time limit for bringing a claim. The time limit will only start if the claimant regains mental capacity.
- Extension of Time: In exceptional cases, the court has the discretion to extend the time limit if it is considered equitable to do so. This is typically rare and usually requires a strong justification.
Our team of specialist medical negligence solicitors in Bristol can assist you with any queries surrounding medical negligence advice, so please do get in touch today to find out how we can help you with your case.
How can Beacon Law assist?
If you have suffered a medical accident at the hands of a healthcare professional and are looking to make a medical negligence claim, then Beacon Law are on hand to assist you as soon as you are ready.
Our law firm is experienced in dealing with a broad range of no win no fee medical negligence claims, and we ensure our client’s best interests are at the forefront of our negotiations. Beacon Law can assist in bringing the medical negligence claim on your behalf and running the case from beginning to end.
If you would like additional advice surrounding medical negligence, then the Action Against Medical Accidents (AVMA) panel provides support for people who have been a victim of a medical accident.
For a free initial consultation with one of our expert medical negligence solicitors in Newcastle, contact us on 0330 1332 857 for a no obligation discussion.
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