Clinical negligence formerly known as “Medical negligence” occurs when a Health Care Provider provides care which falls below a reasonable standard of care that one would expect to receive from that type of professional with their experience and qualifications.
It will need to be shown that the negligence has caused physical injury or harm or worsened a pre-existing condition.
Negligence can occur for many reasons including some of the following:
- Failure to diagnose a condition
- Delay in diagnosing a condition
- The administration of wrong or inappropriate treatment
- Failure to obtain consent from patients prior to administering treatment.
Where elective surgery is undertaken, “consent” must involve a proper discussion with the patient of alternatives and must be a collaborative and candid process. Merely thrusting a consent form into the hands of a patient and saying “sign here and here” is usually not sufficient, and a poor outcome could result in a medical negligence compensation claim by the patient.
Our personal injury specialist, Simon McIlwaine, acted for a patient who underwent several spinal operations, which in fact made his condition worse. In an out of court settlement, he received medical compensation of £100,000 plus his legal costs.
Health Care Professionals who are covered by clinical negligence include:
- NHS Hospitals
- Private Hospitals
- Privately funded practitioners
- Other Health Care Professionals such as nurses, occupational therapists, physiotherapists
- Cosmetic Surgery
Negligence involving childbirth in Hospitals can result in serious injuries and disability and substantial medical compensation awarded against the NHS.
If you are concerned that you have or a loved one has received negligent care we have the medical negligence experience in this field to be able to assist you. We will be able to review the information you provide us with to assess whether we think we can help.
If you wish to start a clinical negligence claim you should start proceedings within three years from the time the negligence occurred or three years from the date you realised that the care or treatment provided had caused the harm. (Please note that different time limits apply for children).
Simon McIlwaine has been a member of the Law Society Personal Injury Panel since 1994 and is one of the leading injury and medical malpractice solicitors in the Croydon, Wallington and Sutton region.
Contact Simon by email at SimonM@carpenterssolicitors.co.uk or by telephone on 020 8669 5145 for further information.
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