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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. Our team of medical negligence solicitors in Sheffield are here to assist you. Contact us today to discuss your medical negligence claim and get the guidance you need.
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 claim?
At Beacon Law, our dedicated team of expert medical negligence solicitors, Sheffield, will evaluate the merits of your case, discuss the potential for a claim, and guide you through the legal process.
Our 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 amounts for medical negligence injuries can be hard to predict as every case, and every injury are different. Our expert medical negligence solicitors, Sheffield, 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.
What are the time limits for making a claim?
It’s important to be aware of the time limits for filing a medical negligence compensation claim. In general, the deadline is three years from the date of the incident. However, there are exceptions:
- Minors have until their 21st birthday to file a claim. Until then, a legal representative can file on their behalf.
- If the claimant lacks mental capacity, they can file at any time once they regain it.
- In the event of a fatal accident, close family members have three years from the victim’s death to claim compensation for their loss.
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 personal injury claim, 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, our team in South Yorkshire 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.
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