Professional Clinical Negligence Solicitors Liverpool
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Clinical negligence occurs when a healthcare professional breaches their duty of care to a patient by making a medical mistake that results in injury, complications or suffering.
If you have suffered as a result of negligence from a doctor, dentist or hospital, a medical negligence claim may be the best option for you.
Some examples of what is considered medical negligence are:
- Failed diagnosis
- Misdiagnosis
- Delayed diagnosis
- Wrongly prescribed medication
- Not signing a consent form before treatment
- Incorrect treatment
- Delayed treatment
- Not being warned of risks of a treatment
- Surgical mistakes
What is a clinical/medical negligence claim?
Medical negligence (also known as clinical negligence) is when the Defendant is someone who is medically trained or works in an establishment that provides medical care services. Medical negligence can be caused by doctors, dentists, pharmacists, ambulance crews, nurses, other hospital workers and nursing home workers.
To be successful in a negligence claim generally, you will have to:
- Identify the correct Defendant,
- Prove that the Defendant owed you a duty of care,
- Prove that the Defendant breached their duty of care towards you,
- Prove that the Defendant’s breach of duty caused your injury.
What is classed as medical negligence?
Examples of medical negligence are; misdiagnosis, surgical mistakes, incorrect treatment, failing to diagnose, injections administered incorrectly, wrong prescriptions given or even dental treatment resulting in damage to teeth.
You can claim general damages which reflect your pain, suffering and loss of amenity, as well as special damages, which are all other financial losses arising from the injury, such as: lost earnings, care and assistance, aids and equipment, treatment expenses etc.
Can I claim for loss of earnings?
Yes. If you have suffered lost earnings as a result of medical negligence, you can claim for lost earnings.
How do I prove medical negligence?
A medical professional’s actions are assessed against the practices of their colleagues. Medical Negligence is therefore proved by an independent medical expert of the same specialism identifying a breach of duty in your care. The care you receive must be in accordance with practice accepted by a responsible body of medical opinion. If the care you’ve received is deemed acceptable by a responsible body of medical professionals, even if another doctor would have followed a different path, the care is not negligent. We will obtain the independent medical report on your behalf.
How long does a medical negligence claim take?
Medical negligence claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
Is there a time limit for a medical negligence claim?
With very few exceptions, you will have 3 years from the date of the medical negligence for your claim to be settled or issued at Court. If you are under 18, you will have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death.