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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 and loss of earnings.
Our team of medical negligence solicitors in Liverpool have many years of experience in this area of the law and are here to assist you. Contact us today using the details and contact form below to discuss your medical negligence claim and get the compensation you deserve.
What is Medical Negligence?
Medical negligence is when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient.
In order to prove medical negligence, the patient must show that:
- The healthcare professional owed them a duty of care.
- The healthcare expert breached that duty of care.
- The breach of duty caused the patient’s injury.
- The patient suffered as a result of the injury.
The standard of care is the level of care that a reasonably competent healthcare professional would have provided in the same situation. This standard is determined by taking into account the relevant medical knowledge and practices at the time of the incident.
Medical negligence cases can be complex and difficult to prove. It is important to seek legal advice as soon as possible if you believe that you have been the victim of medical negligence, whether you have suffered surgical negligence, GP negligence or even dental negligence. Our medical negligence lawyers can help you to assess your case and determine whether you have a claim.
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 leading to dental negligence.
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 Injury: 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, Liverpool, will evaluate the merits of your case, discuss the potential for a claim, and guide you through the legal claims 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 avoidable 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 is different. Our expert medical negligence solicitors, Liverpool, 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.
Our specialist medical negligence lawyers in Liverpool 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.
What are the time limits for making a claim?
The general time limit for bringing a medical negligence claim in Liverpool is similar to most other personal injury claims. 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 Liverpool can provide legal advice for your claim and advise you on how much time you may have to make a compensation claim.
How can Beacon Law assist?
At Beacon Law, our medical negligence lawyers 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 clinical negligence claim.
With our proven experience and knowledge, our personal injury lawyers are highly capable of assisting clients with any type of personal injury claim, including cases involving medical negligence.
If you have been injured due to medical negligence that wasn’t your fault and are looking to pursue a no win, no fee agreement, our team in the North West are more than capable of assisting you.
For a free initial consultation to discuss your medical negligence case, please get in touch with a member of our medical negligence team today at 0330 1332 857. Our law firm is registered in England and Wales.
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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