Negligence – Claims For Malpractice

Following an accident or injury, you are likely to have been treated either by the National Health Service (NHS) or through private means. It is estimated that every year 850,000 people in the UK suffer from medical negligence. The NHS has recently set aside £712million to cover the costs of clinical negligence claims in England in 2009, double the amount set aside for 2008 and highlights the current increase in clinical negligence cases towards the public sector. There are many instances where treatment provided either by the NHS or private establishments has been exceptional, however, there are other times when things have been known to go wrong. During your time under the watchful eye of medical professionals, you may have suffered further harm whilst in their care. Your medical condition may have worsened due to poor or improper conduct or you may have experienced an accident that was not your fault whilst being looked after. Some examples of medical negligence may include:

• Being given the wrong medication making a current condition worse or creating a new issue.
• The wrong test results being given thus creating a delay in treatment or the wrong treatment being provided from the outset.
• A patient exposed to and diagnosed to MRSA by poor hygiene standards in that facility.
• Accidental damage caused to the patient during surgery.
• Delayed or poor treatment to a patient during childbirth causing injury to both the mother and child.
• Poor care and treatment at a variety of medical establishments including care homes and nursing homes.

In these instances, you are able to claim compensation for injuries that occur under the supervision of medical staff. In any claim, what needs to be proven is that medical/clinical negligence took place and due to an error on behalf of a doctor/nurse/dentist or healthcare professional the incident would not have occurred. This does not necessarily mean that in every instance where an operation has gone wrong, you can make a claim. Medical treatment can be extremely complex, and with any procedure, there are risks involved. What needs to be proven is that the medical professional made a decision that someone of equal qualification/stature would not have made, thus resulting in clinical negligence. Due to the nature of the claims in this field, medical negligence cases have become harder to prove. For further help and advice on these matters, many legal firms across the UK specialise in clinical negligence cases and are best equipped to deal with these matters. It is advisable to contact a solicitor or legal team as soon as possible. If you feel that you have a grievance regarding any issue, it is best to approach the medical practitioner concerned first. Before you consider legal action, you have to present a complaint to the appropriate Practice Manager within a 13 week period. If you feel that this has not been resolved to your satisfaction, you have a total of three years from the date you first knew that you had a condition/injury caused by someone else to present a clinical negligence claim.