Do I have a medical negligence claim?
Like any other profession, medical practitioners have certain standards they must meet.
But what happens if you are injured as a result of medical care you received?
Do you have a medical negligence claim?
What is medical negligence?
In the case Bolam v Freirn Hospital Management Committee medical negligence may have occurred where the actions of a medical professional causes or contributes to injury in a material way.
How is medical negligence proven?
To bring a claim of medical negligence in the UK, there MUST be two elements proved:
- A breach of duty happened
- And that breach of duty caused you harm.
For a breach, it must be proven that a medical profession with the same knowledge in the same field would not have regarded the treatment as acceptable.
Once a breach is found, causation can be explored.
Melanie Lidstone-Land explains,
“To prove causation, we use the ‘but for’ test to show that if it wasn’t for (but for) the actions of the medical professional, the same injury would not have occurred.”
What if the ‘but for’ test fails?
The courts will then look at the overall situation rather than the individual components of the treatment.
This includes looking at:
- Whether the injury would have happened anyway
- Whether negligent actions contributed to the injury in more than a negligent way,
- If other conditions may have also aggravated the injury
Subject to exceptions, like any other claim, if a breach is found and causation is proven it is likely you will have a claim.
However, it is important to remember there are deadlines to bringing a medical negligence claim.
Claims need to be made within 3 years of either:
- The date of breach of duty;
- the date of knowledge;
- or where the claimant is under 18 years old at the time of breach, 3 years from their 18th birthday.
Although, where the injured person lacks mental capacity, there is no limitation.
One establishing that you have a claim, it is vital that you choose a legal representative that is right for you and is qualified to get you the compensation that is deserved.
For the first time a legal aide or McKenzie Friend in the UK who gave bad advice has been ordered by the High Court to pay compensation back.
An unqualified legal adviser caused a man to miss out on damages and incur huge costs in his medical negligence case.
Quality legal advice from trained medical negligence lawyers
All the legal advisers here at Swain & Co Solicitors are qualified to get you the compensation you deserve.
Headed by Melanie Lidstone-Land, the team of medical negligence lawyers at Swain have an extensive knowledge in bringing claims supported with over 40 years of combined experience.
The team has successfully helped many people in getting compensation and may be able to help you bring a claim too.
If you or someone you know becomes a victim of a medical mistake and suffers physical injury or mental harm as a result, contact Swain & Co Solicitors on 02392 483322.
Or fill in our enquiry form and we will contact you immediately.
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