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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 Cheltenham 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 compensation claim and get the guidance you need.
What is Medical Negligence?
Medical negligence is when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient.
In order to prove medical negligence, the patient must show that:
- The healthcare professional owed them a duty of care.
- The healthcare expert breached that duty of care.
- The breach of duty caused the patient’s injury.
- The patient suffered as a result of the injury.
The standard of care is the level of care that a reasonably competent healthcare professional would have provided in the same situation. This standard is determined by taking into account the relevant medical knowledge and practices at the time of the incident.
Medical negligence cases can be complex and difficult to prove. It is important to seek legal advice as soon as possible if you believe that you have been the victim of medical negligence, whether you have suffered surgical negligence, GP negligence or even dental negligence. Our medical negligence lawyers can help you to assess your case and determine whether you have a claim.
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 for medical negligence?
The process begins by contacting Beacon Law, where you will have an initial consultation. During this consultation, a member of the medical negligence solicitors, Cheltenham team, will ask you questions regarding the medical negligence and provide advice on the viability of your case. If your case is deemed to have merits, Beacon Law will accept your case and become your official legal representative. Access to your medical records will be necessary to identify the negligence and any relevant medical history.
Our experienced clinical negligence solicitors in Cheltenham will work with independent medical experts in the field to obtain a report that comments on the level of negligence and breach of duty of care. This report will also assess the impact of negligence on your health. As your legal representatives, we will gather all necessary evidence to strengthen your case. This includes obtaining witness statements and gathering extensive medical evidence to support your claim for compensation.
Throughout the process, Beacon Law will handle all communication and interaction with the opposing party on your behalf. We will engage in discussions to establish liability or fault. In some cases, if liability is contested, the matter may need to proceed to court for the judge’s guidance on the case.
How can Beacon Law assist?
Our team of specialist medical negligence solicitors, Cheltenham, can assist with a wide variety of clinical negligence claims, using their knowledge and expertise to obtain the best negligence compensation for our clients.
We offer our services on a no win no fee agreement, meaning you don’t have to worry about the costs of making a claim. Please have a look at the funding section on our website for more information regarding our fees.
To make a personal injury claim with Beacon Law, or if you have further queries, please get in touch with a medical negligence lawyer at Beacon Law on 0330 1332 857. For claims involving other legal areas, such as commercial law or family law, you can use the Find a Solicitor tool on the law society website.
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