Reaching Out: How The Right Legal Avenues Can Help

Reaching Out: How The Right Legal Avenues Can Help

Medical Negligence - What Action Should You Take?

by Jessica Spencer

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 personal injury lawyers will be able to advise you on whether you have good grounds for a claim.  Read on to find out more.

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 include:

  • 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 standard of 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 personal injury lawyer.  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  
  • medical records will also need to be accessed  
  • details of prescriptions and receipts for any corrective medical treatment you have had to have to rectify the negligent treatment  
  • details of any loss of earnings or costs you have incurred as a result of the alleged negligence

In conclusion

If you suspect that you have been the victim of medical negligence by a healthcare professional, you may have a claim against them.  Contact a reputable legal firm with experience in dealing with medical negligence claims for further advice and information.


About Me

Reaching Out: How The Right Legal Avenues Can Help

Hello, all. I am a volunteer worker at an outreach centre which helps people of all ages with financial problems. I have come to realise that many of these people face hardships due to life-changing incidents such as unfair dismissal, a workplace injury or a car accident. Many of them are hard workers who aren’t aware of their legal rights. Last year, our outreach centre brought a lawyer on board to provide legal advice and assistance. I help by scheduling appointments, taking notes and following up on each case. I have learnt an awful lot about our laws and am impressed how knowing the right legal avenues can change people’s lives. I have just started a legal assistant’s course and thought this blog might be a good place to record the knowledge I gain. I hope you find it useful and insightful. Thank you for stepping into my world.