Medical Negligence Solicitors Chesterfield- No Win No Fee
Find out how much your personal injury claim may be worth
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 to seek 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. Our team of medical negligence solicitors in Chesterfield are here to assist you. Contact us today to discuss your medical negligence claim and get the guidance you need on our no win no fee claims service.
Examples of Medical Negligence
Clinical negligence can manifest in various ways, as healthcare professionals can make errors or exhibit negligence in different aspects of patient care. There are several types of medical negligence, which include:
- Misdiagnosis: When a medical professional fails to accurately diagnose a patient’s condition, resulting in incorrect or delayed treatment. For example, if a heart attack is mistaken for indigestion and antacids are prescribed instead of immediate cardiac care, a misdiagnosis claim may be warranted.
- Surgical Errors: Occurring during surgical procedures, these are preventable mistakes made by surgeons. They can involve operating on the wrong body part, leaving surgical instruments inside the patient’s body, or damaging surrounding tissues or organs. Surgical negligence errors can occur in emergency surgery, elective cosmetic surgery, and even dental procedures.
- Medication Errors: This category encompasses 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 similar-looking packages.
- Birth Injuries: Negligence during childbirth can lead to harm to both the mother and the baby. This may involve the failure to monitor fetal distress, improper use of delivery instruments resulting in long-term brain injury or trauma, or 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 mistakes made by healthcare professionals amount to medical negligence. To establish medical negligence, it must be shown that the healthcare professional’s actions fell below the standard of care expected from a reasonably competent healthcare professional.
What is the process of making a clinical negligence claim?
The process of making a medical negligence claim against the NHS or private establishment can be quite complex, and so it is recommended you obtain advice from an experienced clinical negligence solicitor as soon as possible. We will ask you about the circumstances of your injuries and provide advice on the viability of your case.
Our experienced solicitors in Chesterfield will work with independent medical professionals 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 compensation claim.
Throughout the process, Beacon Law’s medical negligence solicitors, Chesterfield, 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 much compensation could you be entitled to?
The amount of compensation you could be entitled to for medical negligence can vary greatly depending on the specific circumstances of your case. Compensation in medical negligence cases is typically determined by assessing various factors, including:
- Pain and suffering: Compensation may be awarded for physical and emotional pain, trauma, and loss of enjoyment of life resulting from the negligence.
- Medical expenses: This includes costs incurred for medical treatments, surgeries, medications, rehabilitation, and ongoing care related to the negligence.
- Loss of earnings: If the negligence has caused you to miss work or has affected your ability to work in the future, you may be entitled to compensation for the financial loss of being unable to work.
- Future care and assistance: If the negligence has resulted in a long-term or permanent disability requiring ongoing care and assistance, compensation may be awarded to cover these future costs.
- Adaptations and equipment: If your living arrangements or the need for special equipment or adaptations to your home or vehicle arise due to the negligence, compensation may be provided for these expenses.
Our specialist medical negligence lawyers can also advocate on our client’s behalf for interim medical negligence compensation payments to cover any additional expenses they incur as a result of their injuries during the claims process itself.
How long do you have to make a claim?
The general time limit for bringing a clinical negligence claim is similar to most other personal injury claims. The limitation period for these claims 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 (or should have become aware) that they suffered an injury or harm as a result of the negligence.
- Children: If the claimant was under the age of 18 at the time of the negligence, the three-year time limit does not begin until their 18th birthday. In other words, they have until their 21st birthday to bring a claim.
- 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.
Our team of medical negligence solicitors in Chesterfield can assist you with any queries surrounding making a claim for medical negligence and advise you on how much time you may have to make a claim.
How can Beacon Law assist?
At Beacon Law, our medical negligence solicitors offer their services on a no win no fee basis, meaning you do not need to worry about the costs that come with making a claim.
With our proven experience and knowledge, our personal injury solicitors are highly capable of assisting clients with any type of clinical negligence case, offering our expert legal advice and support.
If you have been injured due to medical negligence or in a medical accident that wasn’t your fault, please do not hesitate to contact our team who are more than capable of assisting you.
For a free initial consultation to discuss your case, please get in touch with a member of our medical negligence team today at 0330 1332 857.
If you are seeking assistance outside of personal injury law, you can use the Find a solicitor tool on the Law Society website.