Experiencing medical negligence can be incredibly distressing, often leaving you with a sense of betrayal and loss of trust in those who were meant to care for you. Whether it is a misdiagnosis, a surgical error or poor post operative care, medical negligence can have serious, sometimes life changing consequences. This guide outlines what medical negligence is and discusses the benefits of making a claim.
What Is Medical Negligence?
What is the definition of medical negligence?
Medical negligence occurs when a healthcare professional or institution fails to provide the standard of care that is reasonably expected, resulting in harm or injury to the patient. In the UK, healthcare providers have a duty of care towards their patients. This duty of care means that they are legally obliged to act in the best interests of their patients, providing care that meets a standard accepted as reasonable by the medical community.
When this duty of care is breached, either through acts or omissions, and the patient suffers harm as a result, this is considered medical negligence. It is important to note that not all adverse outcomes or medical errors qualify as negligence.
Where medical negligence has occurred, medical negligence solicitors can assist those affected in pursuing a claim for compensation. They provide expert guidance through the legal process, handling a case with the care and attention it deserves, ultimately helping the patient seek justice and obtain the financial support needed to address the impact of the negligence.
What are common examples of medical negligence?
Medical negligence can manifest in various forms, and understanding these can help you identify whether you may have a valid claim. Below are some of the most common examples of medical negligence:
Misdiagnosis or delayed diagnosis
One of the most frequent forms of medical negligence is misdiagnosis or delayed diagnosis. This occurs when a healthcare professional either incorrectly diagnoses a condition or fails to diagnose it in a timely manner. Misdiagnosis can lead to incorrect treatment, exacerbating the patient’s condition. For example, if a patient with cancer is misdiagnosed with a less serious illness, the delay in receiving the correct treatment can significantly reduce their chances of recovery.
Surgical errors
These errors can range from performing surgery on the wrong body part, or leaving surgical instruments inside the patient’s body, to damage being done due to a surgeon’s incompetence. Surgical errors can have devastating consequences, leading to severe disabilities, further surgery, infections, or even death.
Medication errors
Medication errors involve prescribing the wrong medication, administering the incorrect dosage, or failing to consider potential drug interactions. Such errors can result in severe allergic reactions, worsening of the patient’s condition, or new health complications. In some cases, these mistakes can be life threatening.
Birth injuries
Medical negligence during childbirth can have serious implications for both the mother and the baby. Common examples include failure to monitor the baby’s oxygen levels, improper use of forceps, or failing to perform a necessary caesarean section in a timely manner. These errors can result in conditions such as cerebral palsy, Erb’s palsy, or tragically the death of the baby or their mother.
Failure to obtain informed consent
Before undergoing any medical procedure, patients must give informed consent. This means that the healthcare provider must explain the risks, benefits, and alternatives of the procedure in a way that the patient can understand. If a patient undergoes a procedure without being properly informed and suffers harm as a result, this could be grounds for a medical negligence claim.
How can medical negligence be proven?
Proving medical negligence can be complex and requires thorough evidence to support the claim. To make a claim, it must be proven that the harm suffered was directly caused by the healthcare provider’s breach of duty. The following steps are typically involved in proving medical negligence:
Gathering medical records
Medical records will provide a detailed account of the treatment you received, including diagnoses, medications, procedures, and any consultations with healthcare professionals. Your solicitor will review these records to identify any inconsistencies or evidence of substandard care.
Expert medical evidence
An independent medical expert in the relevant field will be asked to review the medical records and provide an opinion on whether the care provided fell below the expected standard. The expert will also need to determine whether the breach in care directly caused the harm or injury you suffered.
Establishing causation
It must be demonstrated that the harm or injury was directly caused by the healthcare provider’s breach of duty, rather than being a result of the underlying medical condition or another unrelated factor. This can be challenging, especially in cases where the patient had a pre-existing condition.
Documenting the impact
To support your claim, it is important to document the impact the negligence has had on your life. This includes keeping a record of any additional medical treatments you have required, time off work, and the emotional and psychological effects of the negligence. This documentation can help quantify the damages you are claiming.
What are the benefits of making a medical negligence claim?
Pursuing a medical negligence claim can be a daunting process, but there are several important benefits to doing so:
Compensation for damages
One of the primary benefits of making a claim is the potential to receive compensation for the losses you have suffered. This compensation can cover a range of losses, including medical expenses, loss of earnings, costs of ongoing care, and compensation for pain and suffering. Financial compensation can provide much needed support, particularly if the negligence has led to long term or permanent disability.
Accountability and prevention
By making a claim, you help hold healthcare providers accountable for their actions. This can lead to improvements in medical practices and procedures, potentially preventing similar incidents from occurring in the future. Your claim can contribute to higher standards of care within the healthcare system, benefiting other patients.
Closure and justice
Experiencing medical negligence can be a traumatic and life altering event. Making a claim can provide a sense of closure and justice, helping you to move forward. It can also offer validation that your concerns were legitimate and that the harm you suffered was not your fault.
Support for future care
In cases where the negligence has resulted in long term or permanent injury, the compensation awarded can help cover the costs of future care needs. This can include medical treatments, rehabilitation, and any necessary adaptations to your home.
Generally, medical treatment in the UK is of a high standard, with healthcare professionals striving to provide the best care possible. However, there are exceptions where mistakes or substandard care can occur, leading to life changing effects on individuals and their families. Understanding what medical negligence is not only helps you recognise when care has fallen below the expected standard, but also empowers you to understand your rights and seek the justice and compensation you deserve.
