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Claim For Medical Negligence

Do you really have a reason to claim for medical negligence?

A recent report from the Patients’ Association has revealed that the number of complaints against the NHS and community health services in England has risen more sharply than ever before. However, when does a complaint become a case for a medical negligence claim?

The report found that the number of written complaints levied against medical staff rose by 13.4% in one year, making a total of 101,077 letters written. The majority of complaints were directed at doctors, while 42% complained about the treatment they had received and 12% were dissatisfied with staff attitude. Karen Murphy, director of the Patients’ Association says: “We often hear that the doctor was dismissive, or didn't have enough time to explain what was going on, or used inappropriate medical terminology.”

While this situation points to a simple breakdown of communications between doctor and patient, there are further ramifications to be considered, such as misdiagnosis. If the relationship between a doctor and patient becomes strained, misdiagnosis is more likely. Professor Mike Richards, the government’s National Cancer Director estimates that around 10,000 lives are lost each year as the result of misdiagnosis. In addition, the Medical Research Council has stated its belief that doctors are not diagnosing dementia early enough, possibly reflecting the lack of communication between doctors and patients.

So what is medical negligence?

Medical negligence is a form of professional negligence. In treating a patient, a medical professional has a duty of care to that individual. If they deviate from the standards of care as laid out by the medical community, either by act or omission, then they are breaking that duty of care. Breaches of this sort tend only to be exposed when they cause injury or death to the patient. As a result, medical professionals are required to carry professional liability insurance to offset the risk of situations such as misdiagnosis.

The most vital part of any medical negligence claim is to determine causation i.e. to prove that injury or death was caused directly as a result of a medical professional’s actions. This can take time, as many hospitals have little or no facilities through which a patient can record or report an incident. In addition, many hospitals still rely on paperwork to document such circumstances, which can make it very difficult to establish just who was present and the nature of the incident. Many claims have fallen foul of handwriting errors and mislaid papers. However, a doctor is required by the General Medical Council to inform a patient when treatment has gone wrong.

Talk To A Professional Medical Negligence Claim Solicitor

Claimants who believe that they have been the victim of medical negligence should seek to employ the services of a medical negligence lawyer in order to avoid the pitfalls that this complex area of the Law can present. During an initial meeting a medical negligence lawyer will take the advice of associated medical professionals to ascertain whether or not there is a case to pursue. Complaints focusing on the attitude of a member of staff are unlikely to be taken forward unless that attitude is directly responsible for the patient’s injury or death. While this may sound unlikely, there have been instances, particularly surrounding mental health issues, where a failure of communication between a GP and his patient has resulted in tragic circumstances.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

What are the costs of making a claim for compensation
The reasons you should or should not make a claim, including protecting other patients
Whether using a solicitor or a claims company will make a difference to the success of your claim
The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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