What is Medical Negligence?

Medical negligence also known as clinical negligence refers to the actions or inactions of medical professionals, care that falls far below acceptable medical standards which causes patients under their care to suffer avoidable injury, trauma or other complications.

Medical negligence claims therefore refer to when an individual either for self or on behalf of a loved one takes legal action or sues the NHS, private hospital or a medical professional for negligent treatment.

Suing the NHS for medical negligence can be quite a daunting task for people. Sometimes people are not really aware if they are legally empowered to sue the NHS for acts of negligence or not. Despite the level of healthcare delivery in the NHS, there have been acts of negligence in the NHS and if you or your loved one has suffered as a result of NHS negligence, you can claim compensation.

It is vital in every medical negligence claim to prove the following;

How To Claim Compensation For Medical Negligence

It is important for a potential claimant to know vital pieces of information about making NHS negligence claims or claims against a private hospital for negligent treatment.

Before making NHS negligence claims, you can make complaints first to the NHS Patient Advice and Liaison Services (PALS) or the NHS Commissioning Body about the negligent treatment which you or your loved one has suffered.

This can help you understand really if the treatment was negligent and gather facts which can help you build your case.

When you decide to make a claim, you should contact specialist medical negligence solicitors who will discuss your claims with you, determine if you have a valid claim and proceed to represent you.

It is vital in every medical negligence claim to prove the following;

Liability: Every medical professional owes a duty of care to their patients. This means that they are responsible for their wellbeing and should ensure that they get the best possible care.

Proving liability means that a claimant should be able to show that the medical professional deviated from that duty of care, acted negligently or provided substandard care to the patient.

Thus, a direct link between liability and causation has to be established in order to prove a medical negligence claim.

The following documents will be required to prove your claims;

• Your detailed statements of all that transpired
• Patient's medical history, reports, test and scan results
• Statements from witnesses which may be family or close friends
• Photographs showing extent of damage
• Proof of financial losses both past, present and estimated future losses as well as out of pocket expenses which will be vital in determining the value of your award
• Report from a different medical expert after performing a medical examination on the patient

You may also require other documents depending on the nature of your claim.

The medical negligence claims process proper will involve the following:

• Speaking to your medical negligence solicitor for expert advice, guidance and claims assessment
• Funding your claims
• Gathering evidence
• Establishing liability and Causation
• Registering the Claims in a law court
• Discussions with defendants and agreeing on a settlement fee
• Payment of compensation award

Average Compensation For Medical Negligence
According to the NHS Resolution, there is no fixed amount for every negligence claim. Your compensation amount will depend on the facts surrounding your claims. Although negligence claims compensation payout can range anywhere between £1,000 and millions of pounds, the NHSR has said that the average compensation of medical negligence in the UK is £50,000.

At Medical Negligence Direct, we have expert medical negligence solicitors who have many years of experience in handling different medical negligence claims. Our consultation sessions are free of charge and we will assign you a personal negligence lawyer who will discuss with you and determine if you have a valid claim.

We also represent you under our No Win No Fee policy which can enable you to make claims without any financial implications.

Contact us today by filling out our online claims form and we will reach out to you in no time.