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August 18, 2022

Need To Know About What Is Classed As Medical Negligence

What Is Medical Negligence?

Medical negligence also known as clinical negligence refers to when a medical professional provides substandard care to a patient which directly causes the patient to suffer an avoidable injury, trauma or causes an existing condition to become worse.

Medical negligence can happen in different ways such as incorrect diagnosis, failure to diagnose, late diagnose, delayed treatment, incorrect treatment, surgical errors, etc.

In proving a medical negligence claim, it is important to show that indeed the healthcare provider in question owed you a duty of care but breached that trust which caused the injury. Sometimes medical negligence claims can be complicated but with the right medical negligence experts, your chances of success are high.

What Is Classed as Medical Negligence?

As we have noted, when there is a breach of the duty of care owed to a patient causing the patient to suffer unnecessarily, then we can say that the medical professional has been negligent.

The following can be classed as medical negligence;

Surgical Errors

Surgeries most times are conducted as the last resort and therefore have to be performed accurately. Although there are millions of successful surgeries performed in the NHS every year, there have been cases of surgical negligence which have been life altering for the patient.

The following can be classed as medical negligence which could lead to surgical negligence claims;

  • Performing the wrong surgery
  • Performing the surgery on the wrong part of the body
  • Retained objects
  • Poorly performed surgery
  • Unnecessary perforation of an organ during the procedure
  • Failure to obtain patient’s informed consent especially in cases where the patient would have acted in a different way if they knew the risks and other possible alternatives
  • Anaesthesia errors
  • Unnecessary surgery delay which leads to a more complicated procedure

Errors Associated With Childbirth

The period of pregnancy until the delivery of the child is always an anxiety filled period. Both mother and the unborn baby require the best form of care during antenatal, delivery and neonatal periods. Medical negligence during these periods can be fatal or life changing for either or both mother and child.

The following can be classed as medical negligence which can result in birth injuries;

  • Poor care during antenatal care which complicates issues for the mother during birth
  • Failure to diagnose an ectopic pregnancy, and other conditions of the unborn child
  • Mismanaged labour such as prolonged and unprogressive labour which can cause the baby to suffer cerebral palsy
  • Delayed caesarean section or failure to carry out the procedure even when it is best for the mother
  • Poor use of forceps or ventouse
  • Injuries to mother such as uterine rupture, second or third degree tears, etc. as a result of poor care

Misdiagnosis

Misdiagnosis is one of the most common forms of negligence and the pressures on medical professionals seem not to help their course in this regard.

Misdiagnosis are generally described in three forms;

  • Wrong diagnosis
  • Late diagnosis
  • Failure to diagnose

The statistics of misdiagnosis of cancer cases for instance are staggering. In 2019, The Telegraph reported that up to two-thirds of cancer cases were initially missed or misdiagnosed by GPs before the correct diagnosis was made.

Also, Parkinson UK published a poll of their survey in 2019 which showed that more than 2000 people accounting for more than a quarter (26%) reported they were misdiagnosed with a different condition before they received the correct Parkinson’s diagnosis.

The following are reasons why medical misdiagnosis occur;

  • Failure to carry out the required tests before making diagnosis
  • Failure to report or misreporting scans and test results
  • Failure to advice the patient on further tests after a test
  • Failure to refer patient to a specialist for expert diagnosis and care
  • Not having the required expertise to handle the issue

Grounds For Medical Negligence Claims

There are certain criteria that must be met before one can make a medical negligence claim. The claimant has to prove that;

  • The GP or doctor owed him a duty of care
  • The duty of care was breached
  • The injury suffered was as a direct result of the breach of duty of care

Therefore, for one to make claims, he has to provide evidence to establish that the medical professional failed in his duty of care towards him and the injury suffered was as a result of that deviation from duty of care. What this means is that, but for negligence, the injury would not have occurred.

Documents such as the following are needed to prove your case;

  • Your detailed statements
  • Witness statements
  • Doctor’s report
  • Results of tests and scans
  • Pictures showing extent of damage (where applicable)
  • Financial losses incurred (past, present and estimated future loss)
  • Report from an independent medical expert after conducting due medical examination on you

The following are different forms of medical negligence claims we undertake for our clients.

NHS Complaints Procedure Compensation

While NHS complaints do not actually lead to a compensation, they can provide you with the opportunity to ask questions which will help you understand exactly what happened. The NHS PALS provides modalities for making complaints. These complaints have to be made within one year of the negligent action.

Complaint letters should include the medical professional involved, the treatment given, the outcome of the treatment, why you think they were negligent, and every other concern you may have. It is important not to take a lot of time at the complaint stage as you have a limited time of three years to make the actual claims.

Best Medical Negligence Solicitors

At NHS negligence claims, we have dedicated NHS clinical negligence solicitors who are experts in medical malpractice in the UK and know exactly how to help clients who have NHS negligence claims and give them best possible legal representation to ensure that they are well compensated for their suffering.

We offer a no obligation chat to our clients where we listen to them tell their story while we listen and make a professional evaluation of the case to see if there are strong grounds for a medical negligence claim.

We also go ahead to assign clients personal medical negligence solicitors who will ensure that the entire claims process is smooth and doesn’t add an extra burden to them.

Our no win no fee medical negligence NHS claims policy still stands which offers our clients the opportunity to make their claims without having to worry about expensive legal fees.

We encourage you to reach out to us today via our helplines or fill out our online free claims assessment form to start your medical negligence claims process.

No Win No Fee Medical Negligence Solicitors

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