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What Is Medical Negligence?

Medical negligence occurs when a healthcare professional or provider deviates from a set standard of care, harming the patient. The term encompasses various forms of negligence, including surgical errors, misdiagnosing conditions, and medication mistakes.

If you or a loved one were a victim of negligent treatment, you could be eligible for compensation. Calling 0800 234 6438 or using the online form gives you access to free legal advice. If the specialist thinks you’re eligible for compensation, they’ll refer you to a no win no fee medical negligence solicitor.

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Medical Negligence Legal Definition

The legal definition of medical negligence is as follows:

What is Classed as Medical Negligence?

There are multiple examples of medical negligence claims, ranging from minor errors to serious mistakes that lead to life-changing injuries. It’s also important to remember that medical negligence can occur due to an individual medical professional or a healthcare facility.

Misdiagnosis

When a patient visits a GP or hospital with symptoms, it’s the healthcare professional’s job to assess these symptoms and refer the individual for additional diagnostic tests.

Unfortunately, medical misdiagnosis claims are common, with the University of Manchester revealing that over 50% occur from GP consultations.

Your Medical Negligence Solicitor

Nicola Laver

While some forms of medical misdiagnosis are minor, failing to refer a patient for tests or not identifying the early signs of cancer can lead to fatalities.

Nicola Laver, LLB

Delayed diagnosis

Many medical negligence cases occur due to delays in diagnosing patients. If a healthcare professional fails to order the correct tests or the patient has an unusually long waiting time, their condition can worsen and even become untreatable.

The NHS has set standards for patient waiting times, including up to two weeks for urgent cancer referrals and 18 weeks for non-urgent referrals (House of Commons Library). You could be eligible for medical negligence compensation if a healthcare provider fails to meet these standards.

Treatment and Medication Errors

Administering the wrong medicine can lead to severe side effects, and these mistakes can occur due to oversights or prescription errors. For example, if a doctor fails to read the patient’s medical history and prescribes a treatment that interacts with their existing medicines, it can cause serious complications.

Pharmacies that issue the wrong medication type or strength can also be held negligent due to the potential consequences of these oversights.

Surgical Errors

Mistakes during surgery can often lead to serious injuries and even fatalities. Examples include when a surgeon operates on the wrong area, fails to read the patient’s medical records correctly, or leaves surgical instruments inside the patient.

While NHS “Never Events” protocols are in place to reduce the risks of errors, they can – and still do – occur. Unfortunately, surgical errors can lead to permanent disabilities and emotional distress, with some patients experiencing PTSD.

Birth Injuries

Another common form of medical negligence is birth injuries, which can occur during pregnancy and labour when pregnant women and the baby are at high risk.

This form of medical negligence occurs when healthcare professionals misuse forceps, causing injury to the baby, fail to identify potential complications in pregnant women and make mistakes during delivery that can result in lifelong conditions to the baby, including Cerebral Palsy.

How to Make a Medical Negligence Claim?

If you’d like to claim for medical negligence, working with no win no fee medical negligence solicitors means you won’t have to worry about any financial risks, as the lawyer doesn’t receive their fees unless your claim is successful.

The first step in securing compensation is to determine your eligibility by seeking free legal advice. Please call 0800 234 6438 or use the online form to access a legal specialist. If they feel you could receive compensation, they’ll connect with you a solicitor who will initiate your claim.

How Can Claims.co.uk Help For Your Medical Negligence Claims?

Claims.co.uk works in conjunction with National Accident Helpline and National Accident Law to provide free medical negligence guidance to those who have suffered from medical negligence that wasn’t their fault.

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All of the law firms we work with offer a no-win-no-fee service which means that you will not pay a penny if they do not win your case.

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An expert solicitor will fight to get you the maximum compensation. We have over 15 years+ experience in helping people get the compensation they deserve.

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We have connected more than 35,216 people with expert lawyers. All of our UK-based solicitors are SRA regulated and so are held to the highest standards.

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Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.

*Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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