Health

Medical Negligence

In late November, the latest NHS vacancy statistics were released and showed the strain that the NHS is currently under. Nick Ville, director of membership and policy at the NHS, has stated that it ‘is rapidly becoming a dire situation.’ With the NHS pushed to the limits, there are unfortunately a rising number of medical negligence claims and a need for medical negligence solicitors.

If you have been the victim of medical negligence, it is important for your recovery to claim compensation for your experience.

What are NHS Negligence Claims?

NHS negligence claims can cover a number of different medical situations. However, some of the common ones include:

  • Cosmetic surgery negligence claims
  • A&E negligence claims
  • Dental negligence claims
  • Gynaecological negligence claims
  • Amputation claims
  • Pregnancy and birth negligence claims
  • Surgical negligence claims
  • Care home and nursing home negligence claims

This is not a definitive list, and a medical negligence payout from the NHS can occur whenever a scenario fulfils the definition of medical negligence.

Suing the NHS 

Suing the NHS involves being able to prove that your situation fits the exact definition of medical negligence. Medical negligence claims can be roughly judged based on something known as the 4 D’s of medical malpractice. These are:

  • Duty

During training, all doctors are taught what the duty of care is that they must provide to their patients.

  • Derelict

Dereliction is the official term for when a medical professional is considered to have broken this duty of care

  • Direct Cause

In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional.

  • Damages

The medical negligence payout that you could earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses.

What is the process of the medical negligence payout being calculated? 

The amount of compensation that you could receive from the NHS for medical negligence will depend on a number of different factors. You would need to prove that your injury or condition is worse than it would have been if you had not been the victim of medical negligence. The other factors that need to be considered include:

  • Any cost of extra care.
  • Any travel expenses that have built up while you were in the process of receiving medical treatment.
  • Whether your condition will prevent or may already have prevented you from working and therefore will result in a loss of earnings.
  • Any extra medical expenses that you have already paid, in addition to any future treatment that you will need to receive.

Do I need a medical negligence solicitor?

It is possible to try and sue the NHS without representation, but it is a difficult task to try and accomplish alone. Most professional legal advisors would definitely not recommend it, as the experience and skill of a solicitor is invaluable during the process of collating evidence and constructing a case.

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