It is widely accepted that healthcare, and in particular the National Health Service (NHS), is among the best in the world. However, things can and do sometimes go wrong. As we are all aware the NHS is greatly understaffed, overworked and services are stretched to their limit. So what can you do when you suffer an injury, loss of income or medical complication as a direct result of medical negligence? Many individuals feel that they can do nothing and that they are not entitled to compensation, but this is not true WINWales medical negligence claims operate on exactly these situations. Below we have a quick guide on what counts as medical negligence and how you can claim compensation when something goes wrong.
What is medical negligence?
Medical negligence covers a broad spectrum of issues and problems. At best it can be summarised as when you suffer injury, pain, financial losses, medical complications or acquire a disability due to negligent medical treatment, procedure or care. There are many varying factors which include some of the following examples:
* Failure to diagnose medical condition or given wrong diagnosis
* Medical error during treatment or operation
* Drug error administration
* Not acquired informed consent
* Risks not discussed regarding treatment or medical procedure
* Treatment was not to an accepted medical standard
Claiming compensation for medical negligence
You are within your legal right to claim compensation if you suffer an injury, disability or indeed losses as a direct result of receiving medical negligent treatment.
You can claim compensation if you have any issues with ongoing chronic pain that you suffer from as a direct result of treatment or a medical procedure. This means that you are unable to carry out your usual daily activities of living including work and recreational activities which have a negative impact upon your quality of life.
As a direct result of suffering pain or injury while receiving medical care or treatment, you may also need to pay for extra help with regards to your care needs at home, entitling you to compensation. The compensation received will cover any adaptations to your home, as well as any ongoing costs regarding psychological trauma.
It is important to note here that you can claim compensation not just for physical injury or trauma, but also for psychological trauma and relates mental health issues that have occurred as a direct result of negligent medical treatment.
Claiming for your next of kin
All of the above information that we have shared is also relevant if you wish to claim on behalf of your next of kin. This may be because they are unable to claim for themselves due to a lack of mental capacity, or because they have passed away.
What information do you need to make a compensation claim?
In order to make a successful medical negligence claim you need two factors: liability and causation. With regards to liability you need to prove that the medical professional was negligent in their actions. So for example giving you an incorrect drug, not monitoring your vital observations post operation or not gaining your consent for a medical procedure.
With regards to causation, this simply means that you need to prove that you were harmed as a direct result of their negligence. So for example because you were not properly monitored during your post operative recovery, and as a direct result developed a blood clot that resulted in a stroke.
Suffering any type of physical pain or psychological problem as a direct result of medical negligence can allow you to make a claim for compensation.