Article

What is a Clinical Negligence Claim?

Topic: Digestive WellnessPublished July 6, 2021

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Clinical negligence, also known as medical negligence, is the substandard care provided by a healthcare professional when treating a patient, which directly causes the patient injury or makes an existing condition get worse. While most medical procedures go on without any problems, mistakes occasionally happen; if you have been a victim of negligent treatment by a healthcare professional, you may be entitled to clinical negligence claims.rnThere’s a number of ways that clinical negligence can happen; some of the most common examples of clinical negligence include:
  • Surgical mistakes
  • Medical misdiagnosis
  • Failing to inform a patient of risks involved with a procedure
  • Failing to get a patient’s full consent before an operation
  • Prescription errors
If you have suffered any form of clinical negligence, we are here to make the claims process as hassle-free as possible for you. If you have any questions about making clinical negligence claims, do not hesitate to call us on 0800 644 4240.

How Do I Make a Claim?

If you think you or your loved one have suffered harm as a result of clinical negligence, the first step is to contact experienced clinical negligence solicitors. At Medical Negligence Direct, we work with a panel of solicitors who are experienced in handling clinical negligence claims against the NHS as well as private healthcare providers.rnWhen you contact us, our friendly solicitors will offer a free, no obligation initial consultation to fully capture the extent of your clinical negligence case and let you know whether there are legitimate grounds to make a claim.

Making Clinical Negligence Claims Against the NHS and Private Healthcare Providers

Whether you are making an NHS clinical negligence claim or a claim against a private healthcare provider, the facts of your case remain that a mistake was made that caused you harm and you shouldn’t pay dearly for it. Clinical negligence claims can be made against GPs, doctors, dentists, nurses, and any healthcare professional as well as hospitals responsible for your care.rnHowever, while clinical negligence claims are basically the same – whether the medical care was done by the NHS or privately – there are few differences. The major difference is that the NHS has an independent body known as the NHS Resolution, which handles any claims made against the healthcare service. Patients who received treatment at the NHS also have a right to make a complaint, be told about the outcome of any investigation into the complaint, and receive a compensation award if they have suffered negligence.

What Evidence is Needed to Prove Clinical Negligence Claims?

In order to successfully prove a clinical negligence UK claim, you need to show that there was an act of negligent treatment. When you get in touch with us, our specialist clinical negligence solicitors will conduct a thorough investigation to determine whether you received negligent treatment, the severity of the harm you suffered, as well as any financial losses incurred as a result.rnEvidence required to prove clinical negligence cases include: · Any appropriate photographs showing the severity of your injury, as well as financial expenses incurred such as bank statements, invoices, pay slips, and receipts. · Detailed witness statement from you and any other witnesses (where applicable) providing details of what happened. · Records of the treatment you received from the relevant healthcare provider (NHS, clinic or hospital). · Medical report from an independent medical expert helping your solicitor determine whether or not the treatment you received fell below the standard expected.

Stages of a Clinical Negligence Claim

Finding a Solicitor The first step in the medical negligence claim process is to get in touch with experienced solicitors. When you contact us, you will be required to provide details of the treatment you received and how it has affected you. During this consultation, we will determine whether you can make a claim as well as its potential value. Funding Now that we believe in the strength of your case, we will discuss the funding options available to you. Typically, we offer to work with most of our clients on a No Win No Fee basis. Investigating your case We will now consider the facts of your case with the evidence, including your medical records as well as any financial expenses incurred to prove that the treatment you received was substandard (breach of care) and that as a result, you have suffered harm (causation). Negotiation and Settlement Once a robust case has been developed on your behalf, we will present your case to the defendant. In the vast majority of cases, a settlement is reached before trial; in this case, the defendant will offer a settlement amount. However, if the defendant denies liability or fails to offer a fair settlement, court proceedings will likely be issued on your behalf.

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