Understanding Medical Negligence and Your Rights
Medical Negligence
Posted on: October 28th, 2024
Medical negligence, also known as clinical negligence, occurs when a healthcare
professional or organisation provides substandard care that results in harm or injury to a
patient. This can happen in a variety of settings, including hospitals, GP surgeries, dental
practices, or during surgical procedures. The essence of a medical negligence claim is that
the medical professional failed in their duty of care, leading to an avoidable injury or
worsened health condition.
At Atha & Co, based in Middlesbrough, we have extensive experience helping individuals
navigate the complexities of medical negligence claims. In this post, we’ll explore what
constitutes medical negligence, when a duty of care is owed, and how you can begin the
process of filing a claim.
What is Medical Negligence?
Medical negligence refers to any instance where a healthcare provider deviates from the
standard of care expected in their profession, causing harm to the patient. To establish that
negligence has occurred, four essential elements must typically be proven:
Duty of care – The medical professional had a legal obligation to care for the patient.
Breach of duty – They failed to meet the accepted standards of care.
Causation – This breach directly caused injury or harm.
Damages – The harm led to physical, psychological, or financial losses.
Examples of medical negligence can include misdiagnosis, surgical errors, improper
treatment, or failure to warn patients of potential risks.
When is a Duty of Care Owed?
A duty of care is owed whenever a medical professional enters into a relationship with a
patient. This legal obligation means the healthcare provider must adhere to the accepted
standards of medical practice to ensure the patient's safety and well-being. Whether it’s
your GP, surgeon, nurse, or any other healthcare professional, the duty of care is a
fundamental aspect of their role.
Failing to uphold this duty can lead to medical negligence if it results in harm. For example,
a doctor misdiagnosing a condition or prescribing incorrect medication could be
considered a breach of duty of care.
Is Duty of Care a Legal Obligation?
Yes, the duty of care is a legal obligation. It is not merely a moral or ethical expectation but
a binding legal responsibility. Medical professionals are required by law to act with
reasonable will and care. If they fail to do so, and their negligence leads to harm, the
injured patient has the right to pursue a legal claim for compensation. This is why it’s
crucial to seek legal advice if you believe your healthcare provider has failed in their duty
of care.
How to Start a Medical Negligence Claim
If you believe you’ve suffered due to medical negligence, taking the first step towards
making a claim can feel daunting. However, the process is designed to ensure that
legitimate cases receive the attention they deserve. Here's a breakdown of the steps to
follow:
File a Formal Complaint: Before taking legal action, you may wish to file a complaint with
the relevant medical body or organisation. This can sometimes lead to a resolution or
further clarification on what went wrong.
Seek Legal Advice: The first and most important step is to consult with a solicitor
experienced in medical negligence claims. At Atha & Co, we offer a free initial consultation
to discuss your case, assess whether you have a claim, and explain the process in detail.
Collect Evidence: Your solicitor will guide you in gathering all relevant medical records,
reports, and any other documentation that can support your claim. This might also include
witness statements or expert medical opinions to prove that negligence occurred.
Proceed with a Claim: If your claim is strong and the evidence suggests negligence, your
solicitor will begin the legal process. This may involve negotiation with the healthcare
provider or, in more complex cases, pursuing the claim through the courts.
Is Legal Action Required for a Medical Negligence Claim?
While some cases can be settled without going to court, legal action is sometimes
necessary to secure the compensation you deserve. Many claims are resolved through
negotiation, particularly if the healthcare provider acknowledges the mistake and offers a
settlement. However, if the claim is disputed, it may need to be resolved in court. Rest
assured, at Atha & Co, we will support and guide you through the entire process to ensure
you have the best chance of success.
What Can I Do if I Was Injured During a Procedure?
If you’ve been injured during a medical procedure, it’s crucial to act swiftly. Documenting
everything related to your treatment is important, including keeping a record of any new or
worsening symptoms, consultations, and treatments. You should also seek medical
attention to address any injuries and ensure these are properly recorded.
The next step is to consult a solicitor who specialises in medical negligence. By discussing
your experience with a legal expert, you can determine if there is a case for negligence
and begin to gather the necessary evidence.
Conclusion
Medical negligence can have a profound impact on your life, and if you believe you have
been harmed by substandard medical care, it’s important to seek professional legal
advice. At Atha & Co, we are committed to helping victims of medical negligence in
Middlesbrough and the surrounding areas secure the compensation they deserve. If you
think you have a claim, don’t hesitate to contact us for a free consultation. Our team is
here to provide clear guidance and dedicated support every step of the way.