Skip to content

Do I Have A Case For Medical Negligence In The Uk?

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.

How To Spot An Unreliable Brain Injury Compensation Lawyer






Hiring a brain injury compensation lawyers is necessary if the damages were caused due to the negligence of another party. Every lawyer out there is not qualified to handle this type of case. If you notice any of the following signs, you should certainly look for a different person to represent you.



They Never Return Calls



This is a sure sign that you are dealing with an unreliable brain injury compensation lawyer. As most people know, lawyers are extremely busy and cannot answer phone calls right away. With that said, they should respond in a reasonable amount of time. Ideally, they should return your call in a day or two. Anything longer than that and you should start to doubt their dedication to your case.



You should consider this from the very first point of contact. When you call them to inquire about services, it should not take them an excessive amount of time to respond. If it does, this is an indication of what type of treatment you can expect in the future.



Settling Is A Must



One thing that signifies a lawyer is probably not the most reliable is being in a rush to accept a settlement. There are some cases when it would be in your best interest to settle, but there are others where you would be better off going to trial. If you notice that your lawyer seems to be hell-bent on staying out of the courtroom, you should be concerned.



They Just Started



This may seem like an awful way to judge someone, but you should pay very close attention. There are probably many competent lawyers out there who started recently, but they have not yet had the chance to prove themselves. Until they have more experience, there is no way for you to gauge how good they are at what they do. As a result, you should steer clear of them and look for someone with more experience. You do not want to be the test case that someone uses to get their feet wet.



Dishonesty Is A Given



When you walk into a courtroom, some judges are able to smell a lie right away. This is why honesty is the best policy in most cases. While you should not randomly mention things that can damage your case, you should certainly be forthcoming when you are asked about the events leading up to your injury. If you are dishonest and the judge catches on, they will throw the case out immediately since they will no longer be able to trust anything that you have to say.



It is not always easy to find great legal help when you need it. If your goal is to find a solid, reliable lawyer, you should stay far away from anyone who exhibits the behaviors mentioned here. Ignoring this advice means you may end up with an attorney you are not able to forge a solid relationship with, and that is a huge negative if you expect to do well in court.

Advice For Choosing A Brain Injury Compensation Lawyer






If your relative is suffering from a serious brain injury resulting from a workplace accident, you need to hire the services of a brain injury compensation lawyer. The insurance company is responsible for compensation. However, most insurance companies try settling the case for as little as possible. Brain injuries are often very difficult to diagnose and treat.



In most cases, the patient ends up requiring long-term care from family members. In other severe instances, the patient might never wake up or if he/she does, ends up in a vegetative state. Therefore, if the insurance company chooses to pay the lowest amount possible, its impossible for the next of kin to pay the medical expenses or long-term care as required.



So, why is a brain injury compensation lawyer necessary? If the insurance company fails to pay the compensation or pays very little, the next option is taking a legal course. By taking the case to court, you need to determine the negligence on the part of the employer and the insurance companys mischievous ways. Of course, you cant do it on your own without the help of a personal injury attorney.



The attorney should provide advice regarding any legal matters pertaining to the case. If you choose him/her to represent your case in court, the attorney should also do the necessary research and investigation to find evidence supporting your case. If you are taking care of your relative, you can't afford any extra time to do all this work. On the other hand, if you choose to represent yourself in court, the attorney will provide legal advice regarding the case.



Being that there are various branches of personal injury cases, it's prudent to choose an attorney with enough experience in brain injury cases. Of course, it's not expected that the attorney should know all the relevant medical matters relating to the injury. However, if he/she has gone through a similar case previously, its possible to follow through the case and explain any necessary medical jargon. Simply put, before hiring any attorney, you need to find someone with enough experience in this specific personal injury field.



There are many places where you can find the best attorney for your case. First, you can ask for referrals from family members, friends, colleagues or acquaintances. If anybody in your close circle has used the services of a personal injury attorney, specifically for a brain injury case, you can ask for a referral to that attorney. Of course, you should not hire the attorney without inquiring about the clients experience with the attorney throughout the case.



You can also ask for referrals from other lawyers. The law community is tightly knit so its very probable that a lawyer in another field will know someone to work on your case. Don't forget to contact the local bar association and request for an attorney for your case. It's actually the best source since the organization should have the records of all the attorneys in the area including those with disciplinary warnings. Finally, you can also check online for an attorney for your case.

Benefits Of Using A Brain Injury Claims Lawyer






If you or your relative recently suffered a brain injury, it's prudent to file a claim for compensation. It's quite overwhelming when the doctors, police and insurance companies overwhelm you with paperwork regarding the cause of the accident. With a brain injury claims lawyer, you can go through the whole process effortlessly. Here are some of the reasons why hiring a brain injury claims lawyer is imperative.



Experience Handling Brain Injury Claims



If this is your first time suffering from a brain injury, it might be difficult to file a claim especially if you don't understand the procedure. Well, hiring an attorney is the best idea, especially because he/she has handled brain injury claims before. The attorney will walk you through the whole process effortlessly.



Affordable



Most personal injury attorneys, regardless of the field, work on a contingency basis. Therefore, if you lose the case, you don't have to pay any legal fees. However, you might be charged for some services such as doctor fees, reviewing your medical records or any necessary interviews. Therefore, depending on the length of the case, you might end up paying little expenses if the case doesnt have a positive outcome.



Avoiding Red Tape



During the case, you are likely to feel overwhelmed by the medical jargon, the complicated legal procedures and loads of paperwork for the case. However, with a brain injury claims attorney, you can avoid the maze of processes. The attorney will handle everything without overwhelming you thus allowing you to get back to your life. On your first appointment, the attorney should ask for all the documents relating to the injury then he/she will take over from there.



Investigative Team



Most attorneys work with an investigative team with enough experience in examining various personal injury cases. If you choose a lawyer who has handled brain injury cases previously, you can rest assured that the investigative team understands what to look to guarantee a positive outcome for your case. Of course, don't hide any relevant information regarding your case to make the work easier for the investigative team.



Objectivity



Since you may be experiencing anger, frustration, fear, pain and a myriad of other emotions, it might be difficult for you to see the facts of your case objectively. Well, thats where a brain injury claims attorney comes in handy. He/she will look at your case from a fresh perspective. The attorney will not make any rash decisions that might affect your case. Even better, the lawyer will provide relevant advice regarding the case. In most instances, victims might be tempted to get a quick payout rather than wait for the lengthy trial. In such a situation, your attorney should provide the best advice on how to proceed with the case.



In conclusion, if you are seeking compensation for a brain injury resulting from the negligence of the other party, you need to find the best attorney for your case. He/she can provide the best advice regarding all legal matters and work tirelessly to get the best outcome of the case altogether.