What to do if you suspect medical negligence

If you feel that you’ve not received the optimum standard of care from a healthcare provider, you may have a case for medical negligence. An experienced legal firm of healthcare barristers will be able to advise you on whether you have good grounds for a claim.

Do you have grounds for a medical negligence claim?

A medical negligence action is likely to be successful if you can prove that a healthcare professional breached their duty of care to you resulting in damage or injury to your person. Common types of malpractice suits involve:

• cosmetic surgery mistakes
• surgical errors
• wrong or delayed diagnosis of serious conditions
• dental malpractice
• injury sustained during childbirth

Although many people pursue medical negligence claims in the hope of being awarded financial compensation, you could simply settle for an admission that the care you received was substandard and an apology.

In order to discern if a clinical case exists, you will need to establish the following criteria:

1. That there is a duty of care between you and your treating clinician. (This is never contested as there will always be a duty of care between healthcare professional and patient).

2. That the standard of care you received was insufficient and the duty of care has therefore been breached.

3. That as a direct consequence of the poor treatment you received, you have suffered pain, discomfort, or complications, which would not have occurred had the treatment been up to the expected standard. This is termed, ‘avoidable harm’.

What should you do if you think you have a medical negligence claim?

Medical negligence law is an extremely complex personal injury field. It’s therefore recommended that you seek advice from an experienced healthcare barrister. You’ll need to provide documentary evidence to support your claim. This evidence will include:

• written accounts of what happened, provided by you, your family, and any other witnesses involved

• access to your medical records

• details of prescriptions and receipts for any corrective medical treatment you have undergone in order to rectify the negligent treatment

• details of any loss of earnings or costs you have incurred as a result of the alleged negligence

Seek advice today

If you suspect that you have been the victim of medical negligence by a healthcare professional, you may be able to make a claim against them. Contact a healthcare barrister near you through Barristers4U for a free, no-obligation quote today.