In our previous post, "How to Diagnose a Medical Negligence Claim" we talked about the elements that make up a typical medical negligence claim (also called clinical negligence claims).
We used the (ficticious) story of Mark, who fell and damaged his foot, to illustrate an example.
Mark's fall was an accident, no one had been negligent and so there was no claim for his fall. However the treatment he received after his injury was classed as clinically negligent. For Mark’s claim to be successful his medical negligence solicitor would need to establish a duty of care, a breach of duty and that this breach caused harm (causality).
There are specific elements that help us establish each of these important factors:
Duty of Care
There is generally little difficulty in proving a doctor or GP treating a patient owes that patient a duty to take care of them. This duty of care does not only apply to doctors and GP’s (although in this post we will refer to doctors in our examples) but also other healthcare professionals such as nurses, therapists, laboratory workers, physiotherapists, mental health care teams and the ambulance service - this list is not exhaustive.
Breach of Duty
It is necessary to show that whatever the doctor did, or did not do, fell below the standard of a reasonably competent doctor in that particular field of medicine. This applies not only to the treatment provided but also to any diagnosis and / or advice given.
In Mark’s case the doctor failed to correctly diagnose his injury, treating him for an isolated fracture in his foot, and this misdiagnosis caused a delay in Mark getting the correct treatment.
Causation
As well as proving that the doctor has failed to come up to the relevant standard of care, it is necessary to establish that this failure either directly caused the injuries alleged or considerably contributed to them. It is not enough to just succeed in proving that someone did something wrong, it must also be proved that an injury occurred as a result of that incident.
The misdiagnosis by the doctor in Mark’s case meant there was a delay in him receiving the correct treatment, as a result of this Mark had to undergo a complex surgery which wouldn’t have otherwise been necessary. In addition, as a result of the delay, he now has to wear orthotics in his shoes and cannot stand for long periods; he has also had to give up playing rugby.
Limitation Period
Finally, as with Personal Injury claims, Medical negligence claims must be brought within the limitation period which is three years. The three years starts to run from either the date when the medical negligence occurred or the date when you had knowledge.
There are a number of exceptions to the general three year rule: which can be found in our previous post (link), but to summarise:
- The three year period does not start to run for children and young adults until they reach the age of 18 years. This means that the period expires on the eve of the 21st birthday.
- People who suffer from mental incapacity may be able to issue proceedings at any time, as in severe cases, the three year period may never start to run. The limitation period may however start to run if mental capacity returns.
- Do not assume it is too late to bring a medical negligence claim. Even if it happened more than three years ago our specialist medical negligence solicitors may still be able to help you make a medical negligence claim on your behalf.
- Do not delay in contacting us. By getting in contact early on you avoid having to worry about limitation periods and have someone on hand to help you through the process.
What Happens Next?
If you feel you have a medical negligence claim, or are unsure and would like to talk your situation through then call us now on 0800756 7774. Our friendly specialist consultants can talk to you about your situation and see if you have a valid compensation claim. There is no charge for this service and you are under no obligation to claim with us.
We believe that you should be able to make your claim without worrying about expensive legal fees, which is why all of our Medical Negligence Solicitors can work on a no win, no fee basis. If we feel you have a valid claim we will assign one of our Specialist Medical Negligence Solicitors to take on your case.
Our medical negligence solicitors specialise in a number of medical negligence claims, including but not limited to; NHS Care Negligence, Private Care Negligence, Hospital Negligence, GP Negligence and Dentist Negligence.
If you win the case, you get 100% of the compensation awarded and we obtain our legal fees from the negligent party’s insurers. If the case is unsuccessful then our underwriters pay our legal fees.
If You Have a Genuine Medical Negligence Claim, Contact a Genuine Company.
May I Claim, is a trading name of R Costings Limited and our CRM number is 25770
If you’ve had an accident that wasn’t your fault and suffered an injury - you can trust us to handle your claim professionally.
Call us now on 0800 756 7774 and talk to us to find out if you have a claim - or fill in our Quick Claim form (on the right of this page).
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/236867/The-Clinical-Anatomy-of-a-Medical-Negligence-Compensation-Claim
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