Throughout our lives, we all put ourselves in the hands of medical professionals and trust that the care we receive will be of the highest Quality. However, things can go wrong as a result of poor treatment or human error. When they do, patients are entitled to seek redress from the negligent party.
Medical Negligence (also referred to as Clinical Negligence) occurs when a patient is caused harm as a result of a healthcare professional failing to meet the standards of which the patient is entitled to expect.
At Satchell Moran, our team understand how distressing any instance of medical negligence can be for patients, and our aim is to try and ease that distress by achieving a fair settlement to compensate our clients and help them to move on with their lives.
For a claim to succeed, it is necessary to show:
1. That the healthcare professional owed a duty of care to the patient
2. That this duty of care was breached (that the treatment received was below the standard of a reasonably competent practitioner)
3. That this breach caused harm to the patient, resulting in damages or other losses
Commonly, patients can suffer harm from instances of:-
• Delay in diagnosis
• Delay in treatment
• Failure to obtain informed consent for the risks involved in treatment or procedures
• Failure to refer for treatment
• Errors in surgery
• Errors in prescription or dispensing of medication
• Avoidable infection
Our solicitors can discuss your case with you and assess whether they consider you have reasonable prospects of establishing negligence against the parties in question.
TYPES OF CLAIM
Our experienced solicitors have successfully acted on behalf of many patients who have been victims of medical negligence. This experience includes a wide range of both medical and surgical claims, in areas such as:-
• General Surgery
• Orthopedic Surgery
• Birth Injuries
• Dentistry/Dental Surgery
• General Practice/Out of Hours treatment
• Accident & Emergency
• Cosmetic Surgery
• Pressure Sore Claims
TIME LIMITS IN MEDICAL NEGLIGENCE CLAIMS
The law requires patients to commence proceedings at Court within three years of the date of the injury, or the date when you became aware that the negligence of the medical practitioner led to your injury (known as ‘Date of Knowledge’).
The exceptions to this three year limitation period are:-
1. Children under the age of 18 at the time of the alleged negligence, who have three years from their 18th birthday to bring court proceedings.
2. Protected parties (usually people with a pre-diagnosed mental illness or disability) who do not have legal capacity.
3. Deceased patients, whereby the family of the deceased have three years from the date of death to bring court proceedings on behalf of the estate.
We therefore highly recommend that you do not delay in seeking legal advice if you think you may have a claim.
NO WIN, NO FEE
In many cases, we are able to act on behalf of patients on a ‘no win, no fee’ basis, and can discuss funding options with you at the initial consultation.
Please contact Ian Clifton on 0151 268 8282 or email us on firstname.lastname@example.org to begin your journey to justice.