If you feel you were ill treated during a hospital visit or at your local doctors which caused you personal injury you could be entitled to compensation. Medical Negligence Claims can be extremely varied and many people will not even be aware they are entitled to compensation due to medical negligence. Some examples of medical negligence are found below.
- Unsuitable treatment or unnecessary treatment
- Misdiagnosis received from a medical expert
- Spinal, Brain or Birth injuries
- Defective implants
- Surgical mistakes
- Medical care that is negligent or inadequate
- Dental care that is negligent or inadequate
- Lack of consent for treatment
Every member of the health care services can be responsible for medical negligence which doesn’t only include doctors and surgeons, but can also include dentists, pharmacists, nurses, medical health workers and physiotherapists. Medical negligence is the most complex area of personal injury because the claims require much more in-depth investigations.
The first step is for every client to make a formal written complaint to the hospital. If you are unhappy with the response from the hospital you are then entitled to instruct a solicitor (you can instruct a Broad Yorkshire Law at the same time that the complaint is made) and we can assist you in drafting your letter of complaint free of charge. After the response is received from the hospital, the solicitor will assess the issue and obtain medical records to identify what has actually been recorded and whether the records are consistent with the version of events. Your case is then sent to an independent medical expert who will assess whether in his opinion there is a case for medical negligence.
If we have grounds to make a claim we will then send a letter of claim to the opponent which allows them 4 months and 21 days to investigate and to respond to us. They can choose to admit or deny negligence within this time. If liability is denied then your case will be assessed by a barrister who will decide whether we should place the matter before the Courts for assessment by the Judge.
If we have reasonable prospects of success based on all of the evidence, an expert will be instructed who will need to confirm whether “on a balance of probabilities” medical negligence has arisen. If we are able to obtain such evidence, it is likely that your claim will succeed.
A claim for medical negligence should be made within 3 years of the date when the negligence occurred or the date when you knew or ought to have known that the negligence had occurred. If you are unsure of this date, please contact us and we will advise you accordingly.