Medical Negligence Explained
Medical negligence is a type of personal injury claim that involves a person suffering an injury, poor care and even death, due to the inadequate care they have received from medical professionals. It's important to remember that when it comes to medical negligence, every case is different and no two are the same. Some medical negligence cases can be resolved sooner and others can take longer, especially in more complex cases. In addition to this, claiming against the NHS can be different to claiming against a GP, a Dentist or a Private Hospital. However, no matter what type of medical negligence claim it might be, or who it might be against, it's important to act on it as soon as you can and we can advise you on and handle any of these potential cases.
The 4D's of Medical Negligence Claims
Medical negligence claims should follow what is described as the 4D's, which are:
- Duty - A duty to provide you with adequate care or treatment.
- Dereliction - A failure to provide an adequate level of that care or treatment.
- Direct Cause - An injury or death caused by this failure to provide appropriate care or treatment.
- Damages - Are you due damages/compensation for the injury you have suffered and its effect on you?
How Common Is Medical Negligence?
Although it can be hard to digest when you hear the number, NHS medical negligence claims in the 2021/2022 period were 15,078. Our Out of these cases, 86.7% of them where settled successfully. The numbers of additional private claims are not available. Although numbers are high, many people don't realise they have suffered medical negligence and because of the strict time limits on claims, some people miss out on the opportunity to pursue them. You have 3 years from the alleged negligent act or treatment to bring a claim. Many people aren’t aware of the potential negligence straight away and in these cases the 3 year period may be found to start later when they should have suspected this treatment was inadequate. You should always take advice as soon as you can on what time limit applies and when this expires. We will always consider this and advise you straight away what time limit applies.
Do I Need To Complain To My GP or Local NHS?
No. Although you might wish too, there is no legal requirement to do so, and it does not affect whether you can claim for medical negligence or not. One of the main benefits of making a complaint to a GP or local NHS body, could lead to them providing further information or admitting guilt or an apology, which will only further support your medical negligence claim.
How Do I Get A Medical Negligence Solicitor?
The Solicitors at Armstrong Foulkes can assist you with your claim. Firstly, we will go through everything that has happened with you and identify strengths and weaknesses in your case and the issues that need investigation. Then, if we take you case on, we will offer a “no win no fee agreement” to fund the claim. Throughout the case we will work closely with you, and you will deal with one named solicitor who has full knowledge of the facts of your case. This personal approach is designed to give you the best possible support when you most need it. For more information on this be sure to get in touch with us and one of our team would be happy to answer any of your questions or deal with your enquiries. Contact us today to see how we can help you investigate what happened and whether this was due to medical negligence.