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Medical negligence, also known as clinical negligence, refers to a situation where a healthcare professional fails to provide an appropriate standard of care to a patient, resulting in harm, injury, or even death. It occurs when a healthcare provider deviates from the accepted norms and standards of practice in the medical community, leading to substandard or inadequate treatment.

We believe that the victims of clinical negligence deserve support and compensation for the pain and suffering they have experienced. Compensation will assist in covering the costs of future treatment or medical care. This can relieve the financial pressure which you may find yourself in due to the pain caused. Please get in touch with Beacon Law today to speak to our medical negligence specialists today and get the compensation you deserve.

Examples of Medical Negligence

Medical negligence can occur in various ways, as healthcare professionals can make mistakes or show negligence in different aspects of patient care. There are several types of medical negligence, including:

  • Misdiagnosis: When a healthcare professional fails to accurately diagnose a patient’s condition, resulting in incorrect or delayed treatment. For example, if a heart attack is mistakenly identified as indigestion, leading to the prescription of antacids instead of immediate cardiac care, you may have grounds for a misdiagnosis claim.
  • Surgical Errors: During a surgical procedure, a surgeon makes a preventable mistake, 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 errors can occur in any type of surgery, including emergency surgery and elective cosmetic procedures. Dental negligence can also fall under this category.
  • Medication Errors: This includes various mistakes, such as prescribing the wrong medication, administering an incorrect dosage, or failing to consider potential drug interactions or allergies. For instance, if a nurse administers the wrong medication due to confusion with similar-looking packages, it may constitute a medication error.
  • Birth Injuries: Negligence during childbirth can result in harm to the mother or the baby. This can involve the failure to monitor fetal distress, improper use of delivery instruments leading to brain injuries or trauma, or a delayed response to complications.
  • Anesthesia Mistakes: Errors in administering anaesthesia can cause significant harm. For example, administering an incorrect dosage, failing to monitor the patient’s vital signs during the procedure, or neglecting to consider the patient’s medical history when determining the appropriate anaesthesia.

It is important to note that not all mistakes made by healthcare professionals qualify as medical negligence. To establish medical negligence, you need to demonstrate that the healthcare professional’s actions fell below the expected standard of care for a reasonably competent healthcare professional in the same situation. Additionally, you must show that the healthcare professional’s actions directly caused your injury or harm.

What is the process of making a claim for medical negligence?

To initiate the process, you can reach out to Beacon Law for an initial consultation. During this consultation, a member of the medical negligence team in Nottingham will ask you questions regarding the medical negligence incident and provide legal advice on the viability of your case. If your claim is determined to have merits, Beacon Law will accept your case on a no win, no fee basis and become your official legal representative. To identify the negligence and gather relevant medical history, access to your medical records will be necessary.

Our skilled medical negligence solicitors, Nottingham, will collaborate with independent medical professionals in the relevant field to obtain a report that assesses the level of negligence and breach of duty of care. This report will also evaluate the impact of negligence on your health. As your legal representatives, we will collect all the essential evidence to strengthen your medical negligence case. This includes obtaining witness statements and gathering comprehensive medical evidence to support your medical negligence compensation claim.

Throughout the process, our clinical negligence panel 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 instances, if liability is disputed, the matter may need to proceed to court for the judge’s guidance on the case.

How much compensation could you receive?

The amount of compensation you could be entitled to for medical negligence claim 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 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 income you have lost or will lose as a result.
  • 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 personal injury lawyers in Nottingham 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.

How long do you have to make a claim?

There are specific time limits within which you must make a medical negligence claim to secure compensation. The time limit is generally known as the “limitation period.” The limitation period for medical negligence cases is usually three years from the date of the negligence or from the date you became aware (or should have become aware) of the negligence, commonly referred to as the “date of knowledge.”

However, there are some exceptions and variations to the standard limitation period. They include:

  1. Children: If the victim of medical negligence is under the age of 18, the three-year limitation period does not start until their 18th birthday. This means they have until their 21st birthday to make a claim. Alternatively, a parent or guardian can make a claim on their behalf anytime before their 18th birthday.
  2. Mental Capacity: If the victim lacks the mental capacity to pursue a claim, there is no limitation period as long as they remain incapacitated. The limitation period would only start if they regained mental capacity.
  3. Time Extensions: In some cases, the court may exercise its discretion to extend the limitation period. This typically occurs if the claimant can provide valid reasons for the delay in bringing the claim, such as not discovering the negligence until later or exceptional circumstances preventing them from pursuing the claim earlier.

How can Beacon Law assist?

Beacon Law are registered personal injury lawyers in England and Wales who are authorised and regulated by the Solicitors Regulation Authority.

The medical negligence solicitors, Nottingham, in our law firm at Beacon Law, have years of experience dealing with medical negligence claims and will deal with the claim in a professional manner.

Beacon Law can assist in bringing the medical negligence claim on your behalf and running the case from beginning to end.

If you have suffered an injury and are thinking of claiming compensation for medical negligence, please get in touch with our medical negligence solicitors, Nottingham, on 0330 1332 857 for a free no obligation discussion.

If you are seeking assistance outside of personal injury law, you can use the find a solicitor tool on the Law Society website.

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Beacon Law

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Cheadle

Cheshire

SK8 1PY