If you feel you or a member of your family has been the victim of medical negligence, you will rightfully feel angry and that your trust has been misplaced. But how do you know if you have a genuine case of negligence or if you simply misunderstood the medical professional and didn’t get the results expected ?
The best way to find out is talk to a lawyer or solicitor that has a background in these cases. Solicitors like Patient Medical Lawyers will have years of experience draw upon when it comes to medical negligence cases and will be able to advise on whether your predicament is the fault of the hospital/clinic and put your mind at ease.
If it turns out that you or your family member has been a victim of negligence, they will be able to offer advice on where to go from here.
Negligence arises when the duty of care has been breached, and this is a complex branch of law. If your doctor was careless, lacked the proper skills for your care or did not take the established rules into consideration, these could all be grounds for a claim. Hospitals can be liable to pay compensation for negligence by their employees, including doctors, nurses and technicians as the basis for a medical negligence claim is the failure of the health professional to provide adequate care with reasonable skill. Also, if an alternative method of treatment was used, negligence may still be the result if the method did not stand up to logical analysis – even if it has been supported by a body of medical practitioners.
The law determines that any claim must be made within three years of the event that caused the injury in the first place, but there are a few exceptions to this:
- If the victim is under eighteen, the three year limit commences from their eighteenth birthday.
- If the injury is not discovered until years later, the clock starts running from when the discovery is made.
- Judges have the discretion to override the time limit due to circumstances.