What is Medical Negligence?

Home » News & Knowledge » What is Medical Negligence?

Medical negligence covers a broad range of incidents arising as a result of a doctors error or omission. This can include other medical professionals such as dentists, opticians etc.

The legal testing in these types of cases are extremely difficult to establish and both elements of the test are required to be satisfied in order for a claim to be successful.

What is Medical Negligence

Breach of Duty

A breach of duty is care provided below a reasonable standard, and that no other reasonable practitioner in the same field would have acted in the same way under the same circumstances.

Causation

If breach of duty can be established, has this breach caused you harm over and above what you are likely to have suffered in any event.

In circumstances of medical negligence, no two claims are the same and can encompass a wide variety of circumstances. A few examples of what constitutes medical negligence include but are not limited to:

Medical misdiagnosis or delay in diagnosis – this can encompass a multitude of conditions meaning that you receive inappropriate treatment or lack of treatment.
Surgical errors – poor surgical technique, foreign bodies.
Birthing injuries, either to the mother or baby – cerebral palsy, shoulder dystocia, perineal tears, retained placenta.
Pharmaceutical negligence – dispensing of incorrect type, dosage or expired medication.
Dental negligence – such as retained roots following extraction, poor root canal treatment, failure to monitor and treat periodontal disease, extraction of incorrect tooth.

If you are unsure whether or not your case is considered clinical negligence, you can contact Oakwood Solicitors who will provide you with a free initial enquiry to assess whether you would meet the criteria to commenced investigations.

How do I make a claim?

If you feel that your diagnosis has been delayed, you have been misdiagnosed or that your treatment has been inappropriate then you may be entitled to bring about a claim.

The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right however it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed.

In such circumstances a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex, our specialist team will be able to advise further.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updated on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

Firstly we will pursue compensation known as general damages – This is an award of money for the pain and suffering you have endured as a result of the negligence.
Secondly we will pursue compensation known as special damages – An award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case specific.

Why use Oakwood Solicitors to make your Clinical Negligence case?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a “no win no fee” agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Medical negligence covers a broad range of incidents arising as a result of a doctors error or omission. This can include other medical professionals such as dentists, opticians etc.

Breach of Duty

Causation