Medical negligence occurs when a healthcare professional fails to provide an appropriate standard of care to a patient, resulting in that patient suffering physical and emotional damage.

In order to prove medical negligence, a patient must show that the healthcare professional’s actions fell below the standard of care that would be expected of a reasonably competent healthcare professional in the same situation. The standard of care is determined by looking at the practices and procedures that are generally accepted in the medical community.

If you have suffered an injury as a result of clinical negligence and are in search of expert medical negligence solicitors in Newcastle, North East England, then please do not hesitate to get in touch with our expert personal injury team here at Beacon Law.

Examples of Medical Negligence

There are many ways in which a person can experience medical negligence, but below are some of the more common examples we see:

• Failure to accurately diagnose: When a healthcare professional is unable to correctly identify a patient’s condition, resulting in delayed or incorrect treatment. For instance, if a heart attack is mistaken for indigestion, and the patient is given antacids instead of immediate cardiac care, it may qualify as a misdiagnosis claim.
• Mistakes during surgery: When a surgeon commits preventable errors during a surgical procedure, such as operating on the wrong body part, leaving surgical instruments inside the patient’s body, or causing damage to surrounding tissues or organs. These mistakes can occur in various types of surgeries, including emergency procedures and elective cosmetic surgeries. Dental negligence can also involve similar surgical errors.
• Errors in medication administration: This can involve prescription errors, administering an incorrect dosage, or failing to consider potential drug interactions or allergies. For example, if a nurse mistakenly administers the wrong medication to a patient due to confusion between similar-looking medication packages.
• Birth injury claims: Instances where negligence occurs during childbirth, resulting in harm to the mother or the baby. This can include the failure to monitor fetal distress, improper use of delivery instruments leading to brain injury and trauma, or delayed response to complications.
• Anaesthesia mistakes: Errors in the administration of anaesthesia that can cause significant harm. For instance, administering an incorrect dosage, inadequate monitoring of the patient’s vital signs during the procedure, or failing to consider the patient’s medical history when determining the appropriate anaesthesia.

What is the process of making a medical negligence claim?

The process begins with an initial consultation with Beacon Law’s medical negligence solicitors in Newcastle. During this consultation, you will discuss the details of the medical negligence and receive advice on the viability of your case. If your case is deemed to have merit, Beacon Law will agree to represent you as your official legal representative. To investigate the negligence and relevant medical history, access to your medical records will be necessary.

Beacon Law’s team of highly experienced medical negligence solicitors in Newcastle will collaborate with independent medical experts in the field to obtain a report that evaluates 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 the essential evidence to strengthen your case, including obtaining witness statements and gathering extensive medical evidence to support your compensation claim.

Throughout the process, Beacon Law will handle all communication and interactions with the opposing party on your behalf. We will engage in discussions to establish liability or fault. In cases where liability is contested, the matter may need to proceed to court for the judge’s guidance on the case.

How much compensation could you receive?

It is always difficult to estimate how much compensation you may receive for medical negligence claims as they vary significantly, and compensation amounts will depend on specific circumstances and details of your case.

Various factors will be assessed when it comes to valuing your claim, including the following:

• Pain and suffering: You may be entitled to compensation for the physical and emotional pain, trauma, and loss of enjoyment of life resulting from the negligence.
• Medical expenses: This includes reimbursement for the 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 eligible for compensation to cover the income you have lost or will lose as a result.
• Future care and assistance: In cases where the negligence has resulted in a long-term or permanent disability requiring ongoing care and assistance, compensation may be awarded to cover the costs of future care.
• Adaptations and equipment: If the negligence has necessitated changes to your living arrangements or the need for special equipment or adaptations to your home or vehicle, compensation may be provided to cover these expenses.

How long do you have to make a medical negligence 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 does not begin until 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 Newcastle 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 personal injury cases 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.