Doctor Medical Negligence Solicitors - Personal Injury Compensation ClaimsHELPLINE: ☎ 0330 660 7119
Our personal injury solicitors deal with medical negligence compensation claims against careless healthcare professionals including doctors, nurses and technicians who work in GP surgeries, hospitals and clinics. If you have suffered injury as a result of errors by a negligent UK doctor you should obtain expert legal advice without delay. There are strict time limits that apply to all legal action in a UK court of law and it is imperative that you do not delay seeking professional advice from a specialised doctor medical negligence solicitor as soon as you become aware of your injury or of some other harm or loss caused by a negligent healthcare professionals actions or omissions.
This website is owned by John Eastwood B.Sc. a qualified legal professional, operating as a Claims Management Company. All clients are represented by LLB Solicitors full details of which are outlined on the legal information page which contains the complaints policy.
The Duty of Care
Doctors have a duty of care to their patients which means they must use reasonable skill and judgement in dealing with their patients. If the standard of required care is breached and the patient suffers injury or harm as a result, it may be possible to make a medical negligence compensation claim for an award of damages. The mere fact that a patient consents to whatever actions the doctor takes, even in the full knowledge of risk, does not abrogate a doctor from using reasonable skill and care.
Our medical negligence solicitors have dealt with thousands of compensation claims against consultants, specialists, general practitioners, family doctors, hospital doctors and dentists. They will give you detailed advice in plain English about potential legal action against any healthcare practitioner who has caused you harm which includes the following categories:
- General Practitioner
- Family Doctor
- Cosmetic Surgeon
- Cardiovascular Surgeon
- Emergency Medicine Doctor
- Ophthalmic Surgeon
- General Surgeon
- Thoracic surgeon
- Oral Surgeon
- Internal Medicine Physician
- Orthopaedic Surgeon
- Plastic Surgeon
Cause of Injury
To succeed in a medical negligence compensation claim, in addition to showing a breach of the duty of care, it is also necessary to demonstrate 'causation' which means that the claimant patient must show, on the balance of probabilities, that the doctors inadequate behaviour or treatment directly caused the injury or harm. This is called "causation" which is often a stumbling block to obtaining damages because the patient was in any event ill before the intervention by the doctor. Proving the link between the doctor's negligent actions and harm caused to the patient can be a difficult problem in a medical negligence claim. Assuming that the injured claimant solicitors can prove both the error and subsequent harm, the only remaining aspect of a successful claim is assessment of damages in financial terms.
In most cases compensation in a medical negligence claim is awarded by a judge as a one off payment following representations by both sides solicitors however it is possible in certain circumstances for there to be periodical payments, say every month or every year for a predetermined period of time. Some of the items that the judge may consider when making a final award are listed below :-
- Pain and suffering
- Loss of earnings
- Estimated loss of future earnings
- Attendant care
- Domestic assistance
- Change of lifestyle
- Loss of congenial employment
- Loss of earning capacity
- Medical costs
- Health care charges
- Accommodation modification
- Pharmaceutical products
Medical Negligence Cases
Our medical negligence solicitors, have extensive knowledge and experience in handling compensation claims which may involve :
- Diagnosis errors
- Late diagnosis
- Erroneous procedures
- Negligent performance of a procedure
- Failure in adequate supervision or monitoring errors
- Prescription or medication errors
- Failure or delay in referral to consultant or specialist
- Loss of medical records
- Failure to properly record
- Failure to accurately read previous medical records
- Failure or delay in consultation
- Failure or delay in follow-up
- Equipment failure
- Inadequate equipment
- Contaminated equipment
- No informed consent
- Failure to perform procedures adequately
- Late execution of a procedure
- Failure to recognise a complication
- Failure to communicate with the patient
- Early discharge
- Irrelevant, excessive or failed treatment
- Sexual misconduct
- False positive results
Misdiagnosis of medical conditions is one of the main causes of medical negligence compensation claims. The conditions that are most often misdiagnosed include :
- Heart Attack
- Lung Cancer
- Rectum Cancer
- Aortic Aneurysm
- Coronary Artherosclerosis
- Breast Cancer
- Back Disorders
- Prostate Cancer
- Colon Cancer
- Pulmonary Embolism
- Bone Fracture
- Myocardial Infarction
Wrongful Death Claims
The relatives of a person who has died as a result of medical negligence may be able to make a claim for damages against a negligent doctor. A wrongful death compensation claim is split into two parts being the deceased victims own claim and the dependents claim :-
The deceased victims own claim includes compensation for pain and suffering both physical and emotional, incapacity and death. If the patient died immediately as a result of erroneous treatment then no claim can be made for pain and suffering however a claim can be made for financial losses incurred during the period of negligent treatment and funeral expenses.
A claim can be made for dependents of an individual who dies as a result of any wrongful act, negligence or default by another person. Dependents are specifically defined by law and they include the surviving spouse or co-habitee who has lived with the victim for more than 2 years, children or parents, persons treated as children or parents, grandchildren or grandparents.
Almost all matters that have the potential to come before a court of law or tribunal for determination are subject to time limits. In a UK personal injury claim, a potential claimant has three years from the date of the negligent act or from the date that the injury was first discovered, in which to commence legal proceedings. Special rules regarding limitation apply to minors (those under 18 years old) and the mentally incapacitated, who intend to make a medical negligence compensation claim. Failure to comply with the time limits may mean that the opportunity to claim compensation is lost forever however the court does have a wide but rarely exercised discretion in regards to time limits.
It is crucial that you seek legal advice from a qualified medical negligence solicitor as soon as possible after the event in order to avoid losing your right to sue. Failing to bring legal action within the legal time limit, may mean your claim becomes "statute-barred".
Call our legal team today to find out what time limit applies to your case.
Doctor Medical Negligence Solicitor
Our dedicated team of doctor medical negligence solicitors will assess your case and may recommend that a full investigation into the circumstances be carried out which usually involves taking statements from the patient, reviewing medical and hospital records and obtaining an independent medical report from a consultant or specialist.
If you would like further information. please contact our legal team today.