Often a medical negligence accident is referred to as clinical negligence accident and we talk about both in the same light. In order be successful in pursuit of compensation for medical negligence, it would need to be proved that the medical staff responsible for caring for you was responsible for your injuries or making a condition worse. The areas in the health care profession that can be responsible for clinical negligence claims for compensation range from Hospital Surgeons, Doctors, Dentists or Nurses and could include Physiotherapists and Chiropractors.
Medical or clinical negligence accidents mean that a health care profession has not delivered the level of care that is considered reasonable. This reasonable level of care applies to the NHS or a private medical practice of any kind.
We all need medical care from time to time and whenever it is needed we should be given at a reasonable and professional level. If it is not, and you are injured, whether it is psychological or physical, then a compensation claim for medical negligence may be possible.
Nearly all medical procedures carry a degree of risk. These risks are usually explained to a patient beforehand. Often you are required to sign a consent form, highlighting these risks. For these reasons not all affects from medical or clinical treatment will give grounds for a medical negligence compensation claim to be made.
There are numerous circumstances which can give grounds for a medical negligence claim for compensation to be pursued. The most common of these is from illness/injury which has been misdiagnosed, errors during an operation, being given the wrong medication, child birth injuries or delays in a diagnosis causing further complications.
Compensation for clinical negligence claims are a specialist part of personal injury law. This is why it is important you seek advice from an organisation that is knowledgeable of the subject. Here at the Accident Advice Bureau we have years of experience in such matters.
Making a compensation for medical negligence claim offers financial compensation, which can play a small part in compensating the physical and mental trauma which is caused. Successful claims also highlight to the medical profession how their service should be changed in order to improve it.
All clinical negligence claims for compensation at the Accident Advice Bureau are worked on a No Win No Fee basis, which means win or lose your clinical negligence claim, as long as you fully cooperate you will not be asked for any money at any time.
Please call our specialist advisors today, who will discuss and be very sensitive to your case circumstances. If we feel we can pursue a clinical negligence claim for you, we will pass it to one of our personal injury solicitors. All of our Injury Solicitors are highly trained and experienced in clinical negligence compensation claims.
Clinical Negligence Claims
Medical mistakes unfortunately occur on quite a large scale. Most of these mistakes do very little harm to the patient. Quite often the mistakes are so small that the patient is never aware of it and will have no impact on their life.
There are very rare cases where a health professional deliberately sets out to harm a patient, but again we stress these are very rare.
Most clinical negligence claims for compensation that are made are for an unreasonable level of care by those in the health profession, thereby harming their patients.
Health care professional are humans and therefore inevitably sometimes make mistakes. They are highly trained and generally well paid to cope with this pressure.
Reactions to Medical Negligence Accidents
The result of medical negligence accidents does not only affect the patient, bur the patient's friends and family. It is difficult for them to accept a mistake or failure by a health care professional. If you are under a health care professional for any type of treatment, you expect them at all times to do their best.
When a medical negligence accident occurs, you expect an apology and an explanation. You may receive an explanation but initially seldom an apology. This is due to the fact that health care professionals in the event of a medical mistake often act very defensively and close ranks. This reaction by health staff tends to anger patients along with their friends and family. This leads them often to take the legal option and pursue clinical negligence claims.
Clinical Negligence Claims and Litigation
Clinical negligence claims can take many years before they reach court. Some take up to ten years. They are usually very difficult to win. The courts tend to protect the health profession more than the patient. It is difficult to prove the effects of the medical mistake upon the patient and to pinpoint exactly how the health professional has been negligent.
However difficult medical negligence compensation claims may be, sometimes they are essential for some people to pursue. This is most common where a patient needs expensive care or when a child loses a parent.
Medical Negligence Compensation Claims - What do you do?
If you have been the victim of medical negligence then you should initially talk to the health staff involved to discuss your grievances. You should then take your complaint along with what was discussed to the manger in your local health authority to where you live.
Another step you can take is to discuss your medical negligence accident (if the claim is against the NHS) is with the Information Complaints Advocacy Service. This is a free and independent advice service.
If you cannot come to resolution you can request an independent review. If this does not succeed you can appeal to the health ombudsman.
If you are looking to claim compensation for clinical negligence then you should contact us here at the Accident Advice Bureau. Our solicitors have years of experience in making successful medical negligence claims for compensation.
Examples of Different Types of Clinical Negligence Claims for Compensation
Undiagnosed Broken Bones or Fractures
An example of this is a case which involved a delivery driver who fell from the back of his lorry and injured his wrist. He was taken to hospital and told by the health staff that he had sprained it. It was later diagnosed as a fracture but at this point was to late operate on. This is a clear case of clinical negligence. The driver sadly loss the full use of his hand and made a clinical negligence claim. The compensation he was awarded helped but will never replace the full use of his hand.
Negligence Compensation Claims for Surgical Errors
An elderly man went to hospital to have cataract surgery, which is a common procedure. The needle which was used for a local anaesthetic pierced the man's eye, resulting in the loss of sight in that eye. The man decided to make a medical negligence compensation claim. The hospital denied liability until the case was due to go to trial and then had a change of mind and settled the claim.
Negligent Child Birth Claims
A baby was starved of oxygen during child birth, causing cerebral palsy. The hospital denied liability throughout but changed their minds just before the case went to trial. The medical compensation awarded, funded a special bungalow and will pay regular payments at the age of eighteen to help with care and equipment.
These are just a few of the many examples of when clinical negligence claims for compensation are made. Whatever your negligence claim circumstances are contact are specialist claims advisors here at the Accident Advice Bureau, we have years of experience in such matters in injury claims. We will discuss, advise you and be sensitive to your case.
All clinical negligence claims for compensation we accept are worked on a No Win No Fee basis. You will not be asked for any money, at any time, as long as you fully cooperate until your claim is concluded. Cooperation during a medical negligence accident claim is particularly important due to their complexity and length of time they can run.
Remember you will receive 100% of any compensation for clinical negligence awarded.