When you have an interaction with a medical professional, the last thing on your mind is something going wrong, but we all know that life isn’t as straightforward as that,
Sometimes, our care is let down due to staff not meeting the strict high standards of care which are expected of the medical world, and more often than not cause complications or even harm to a patient.
However, it’s important to know what constitutes medical negligence before making a claim, as not all incidents can be claimed for under this particular standard.
What Is Medical Negligence?
If you feel as though you have been treated with sub-standard care and as a result of your experience have sustained injury or made your condition worse, you could be in with the chance of submitting a medical negligence claim against your caregiver.
Negligence is a breach of the legal duty of care that patients are entitled to and which causes damage in some way, and medical negligence claims seek to hold the healthcare professionals in charge of a patients care responsible for any injury or damage caused to them while in their care as a direct result of their treatments or care.
Can I Claim Medical Negligence?
There are a wide variety of instances where medical negligence can be claimed. The aspects of treatment, which contain – but not limited to – the following:
- Incorrect incision following surgery
- Damage to the organs following surgery
- Haemorrhaging with no attempt to stem the blood flow
- Death because of lack of care
- Failed diagnosis – wrong or no diagnosis
- Prescribing the wrong medication
- You didn’t sign a consent form before your treatment
- Not warning you of the risks of your treatment
- Dressings applied incorrectly, resulting in infection
- Patients remaining in the same positions for hours and resulting in bed sores/ pressure sores
- Delay in treatment that causes suffering
Who Is Liable?
Who your claim is against will differ depending on who you are treated by.
Generally speaking, General Practitioners (GPs) are liable for their actions of themselves and their employees. Because of this, the General Medical Council specifically requires that all GPs have their own adequate insurance cover.
Should the doctor work at a hospital, the claim would be against the Health Trust and it is them who would be liable. This means that if a claim is successful, it will be the hospital that would pay out, not the individual. NHS staff who offer healthcare on the NHS are covered by something called NHS Indemnity. This means that it is their employers will be responsible for any medical negligence claim against them.
If you feel like you have suffered unnecessarily at the hands of a medical professional, don’t hesitate to see how we can help you claim!