LEGAL

Understanding Medical Negligence

Anyone who believes they have been harmed as a result of negligent behaviour by a healthcare professional, medical treatment or misdiagnosis may be entitled to claim for compensation. Louise Tyler from Wilson Browne Solicitors explains more.

Medical negligence is not about “slips ‘n’ trips” or “ambulance chasing”: it’s most frequently about finding out what went wrong and why. We are all human and sometimes mistakes can happen, but medical errors can lead to extremely severe consequences.

How do I prove if I have suffered from negligence? The onus is usually on the patient bringing the claim to prove they are the victim of medical negligence, and that the injury is as a result of the negligent act or omission; and you must prove that the injury could have been avoidable.

An independent medical expert plays a key role in any claim. These are doctors/clinicians who review all of the evidence in your claim and will confirm if the care provided was acceptable or fell below the standard expected.

Who is a medical negligence claim against? It varies: if the injury arose at a Hospital, it will not be brought against the individuals treating you, rather it will be against the Hospital Trust itself. If however, there is a claim against a GP/dentist/optician, the claim will be brought against the individual. 2. The second option is Legal Aid Funding, which is limited to cases involving children who have suffered an injury from birth.

3. The third option is known as legal expenses cover – possibly provided by your home insurance.

You may also wish to privately fund a case, which entails paying a solicitor for the work they carry out on your case.

How soon do I need to bring a claim and will I have to attend Court? The general rule of thumb is that you must 3 years from the date of knowledge/date of incident commence court proceedings although there are naturally some exceptions.

You may have to attend Court, although most cases are settled out of Court.

If the injured person has died a claim can still be brought on their behalf, as part of their estate.

It is important to have a specialist team of solicitors to advise you throughout. For further advice contact the medical negligence team at Wilson Browne Solicitors on 0800 088 6004.

How will I fund my case? 1. No Win No Fee, is a “conditional fee agreement” which covers the costs of bringing a claim. To see the full version of this article go to wilsonbrowne.co.uk/medicalclaims

Louise Tyler Solicitor

If you believe you could have a claim for medical negligence, the specialist team here at Wilson Browne Solicitors can help. Contact us today for a free consultation on 0800 088 6004.