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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. This often results in harm, physical injury, mental injury or even death. Medical negligence arises 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 Hull medical negligence solicitors today.

Examples of medical negligence

Clinical negligence can manifest in various forms, as healthcare professionals can make errors or exhibit negligence in different aspects of patient care. There are many types of medical negligence, including the following:

Misdiagnosis:

A medical professional fails to accurately diagnose a patient’s condition, leading to incorrect or delayed treatment. For instance, mistaking a heart attack for indigestion and prescribing antacids instead of providing immediate cardiac care, you may be entitled to make 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 damaging surrounding tissues or organs. This can happen in any type of surgery, from emergency surgery to elective cosmetic surgery. These errors can also apply to dental negligence.

Medication Errors:

This can include prescribing the wrong medication, administering an incorrect dosage, or failing to consider potential drug interactions or allergies. For example, a nurse administers the wrong medication to a patient due to a mix-up with similar-looking medication packages.

Birth Injuries:

Negligence during childbirth can result in harm to the mother or the baby. This can include failure to monitor foetal distress, improper use of delivery instruments leading to brain injury and trauma, or delayed response to complications.

Anaesthesia Mistakes:

Errors in administering anaesthesia can cause serious harm. For instance, administering an incorrect dosage, failing to monitor the patient’s 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 are considered medical negligence. In order to prove medical negligence, you will need to show that the healthcare professional’s actions fell below the standard of care that is expected of a reasonably competent healthcare professional in the same situation. You will also need to show that the healthcare professional’s actions caused your injury or harm.

The process of making a medical negligence compensation claim

The process begins by contacting Beacon Law, where you will have an initial consultation. During this consultation, a member of the medical negligence solicitors, Hull 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 Hull 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 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 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 medical negligence lawyers in Hull 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?

The general time limit for bringing a clinical negligence claim is similar to most other personal injury claim. 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, Hull 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.

Funding options for your case

Our medical negligence team offer their services using a no win, no fee agreement. This is also known as a conditional fee agreement. Under this type of agreement, you will only be required to pay our fees if we win your case. Our fees will be deducted from your compensation on conclusion of your case.

More information on funding can be found within the funding section on our website. Fees will also be discussed during your initial call with a solicitor.

How can our Medical Negligence Solicitors, Hull, assist?

Beacon Law are a law firm with a specialist medical negligence team who have decades of experience in these types of claims.

We can assist in bringing the medical negligence claim on your behalf and running the case from beginning to end. We offer a free initial consultation with no obligation to use our services.

If you are thinking of claiming compensation for medical negligence, please contact our medical negligence solicitors, Hull, on 0330 1332 857 for free, no obligation legal advice.

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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General Enquiries:

0161 428 1234

New Claims:

0330 1332 857

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0161 239 1072

Address

Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY