Clinical Negligence

Introduction to Clinical Negligence

The National Health Service is one of Britain’s greatest post-war achievements and is envied globally. However, with an increasing population and budget cuts that strain services, cases involving clinical negligence are inevitable.

What is it?

What are the examples of clinical negligence?

Under Personal Injury Claims, Some examples of clinical negligence include: Mistakes during operations. Failure to explain the risks of procedures/drugs. Failure to diagnose or misdiagnosis. Wrong drugs or wrong amounts of drugs administered.

How can you seek compensation for clinical negligence?

You can seek compensation for clinical negligence that led to things including: Loss of earnings Pain and suffering Psychological damage Costs for extra care, equipment, and adapting your home to cope with your injury.

Under Personal Injury Claims, Some examples of clinical negligence include:

  • Mistakes during operations.
  • Failure to explain the risks of procedures/drugs.
  • Failure to diagnose or misdiagnosis.
  • Wrong drugs or wrong amounts of drugs administered.

Not all injuries suffered as a result of medical attention will be classified as negligent. Negligence will only be found if it is more likely than not (balance of probabilities) that:

  • Your treatment fell below medically acceptable standards and
  • This led directly to your medical injury.
Clinical Negligence

What can I do?

Complain:

You can make a complaint through the NHS complaints procedure.

Seek Compensation:

You can seek compensation for clinical negligence that led to things including:

  • Loss of earnings
  • Pain and suffering
  • Psychological damage
  • Costs for extra care, equipment, and adapting your home to cope with your injury.

Important Information

If you do seek compensation, you must do so within 3 years of being injured. A compensation claim will not allow the court to impose discipline or a change to working practices on health care professionals or institutions. Most claims for clinical negligence do not go to court, with either case being settled out of court or cases being dropped by claimants, as prolonged legal action can be expensive as well as stressful.

Compensation Schemes

Certain compensation schemes exist which award compensation without the need to go through court. These include schemes set up for victims of injury following vaccination and victims that contracted HIV through blood transfusions.

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Disclaimer​

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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