Navigating the complexities of medical treatments and surgeries can be daunting, especially when outcomes don’t go as expected. Sometimes, this can be the result of unforeseeable circumstances, but other times, it may be due to medical negligence. If you believe you or a loved one has been a victim of medical negligence, understanding your rights and the medical negligence claim process is essential.
Here at Remus Robu Solicitors all our lawyers are fluent in Romanian and have been successfully winning claims for clients both in the UK and Romania for many years. Our team of lawyers are here to listen to your story, guide you through your claim and keep you informed every step of the way to ensure a successful case.
So when it comes to medical negligence claims here is everything you need to know.
What is Medical Negligence?
Medical negligence, often referred to as clinical negligence, occurs when medical professionals fail to provide the standard of care expected of them, resulting in injury or harm to the patient. This could be due to misdiagnosis, incorrect treatment, surgical errors, medication mistakes, or not obtaining proper consent for a procedure.
Types of Medical Negligence Claims:
- Misdiagnosis or Delayed Diagnosis: If a condition is diagnosed late or wrongly diagnosed, it could lead to incorrect treatments or preventable deterioration of the patient’s health.
- Surgical Errors: Mistakes made during surgeries, like operating on the wrong body part or leaving a surgical instrument inside a patient.
- Birth Injuries: Injuries to the baby or mother during childbirth due to the negligence of medical staff.
- Medication Errors: Prescribing or administering the wrong medication or dosage.
- Failure to Obtain Consent: Performing procedures without the informed consent of the patient.
The Medical Negligence Claim Process:
Medical Assessment: Obtain your medical records and have them reviewed by an independent expert to confirm that negligence occurred and that it directly caused harm or injury.
Choose the Right Solicitor: Medical negligence claims can be complicated. It’s, therefore, important to select a solicitor experienced in this field to guide you through the process, and one who can speak your language.
Gathering Evidence: This includes medical records, witness statements, expert reports, and any other relevant documentation. This will be arranged by your legal team to ensure that you have the strongest case possible.
Notify the At-Fault Party: Before starting court proceedings, it’s standard practice to inform the healthcare provider of the intention to claim, giving them a chance to respond.
Negotiation: Many claims are settled outside of court. Both parties can negotiate terms and agree on compensation.
Court Proceedings: If a settlement isn’t reached, the claim may proceed to court in what is known as litigation.
Time Limit for Medical Negligence Claims:
Typically, you have three years from the date of the medical negligence or the date you became aware of it to start a claim. However, there are exceptions, especially in cases involving minors or individuals without mental capacity.
Compensation:
Compensation amounts vary based on the severity of the injury and the impact on the claimant’s quality of life and range from £1000 up to amounts over £1 million.
The NHS 2022/2023 annual report found that of the 13,551 clinical claims they received 51% resulted in the payment of damages.
There are three types of damages paid to victims that include:
General Damages
These compensate for pain, suffering, and the loss of amenity (PSLA). This refers to the immediate and long-term physical and psychological damage caused by negligence. Factors considered include the severity of the injury, its long-term prognosis, and any ongoing pain or suffering.
Special Damages
These are quantifiable and cover specific financial losses incurred due to negligence such as:
- Medical Expenses: This covers the cost of medical treatment, surgeries, and any other therapeutic procedures needed due to the negligence. It can also cover the costs of future medical treatments.
- Loss of Earnings: If the negligence led to the patient missing work or losing their job, or if they’re unable to return to their profession in the future.
- Future Loss of Earnings: If the injuries are so severe that they impact the claimant’s ability to work in the future.
- Care and Assistance: Costs associated with having to hire someone to assist with daily tasks or personal care. This also includes compensating family members who have taken on a caregiving role.
- Travel Costs: Expenses related to medical appointments, therapies, or other treatments linked to the injury.
- Adaptation Costs: If the claimant’s home or vehicle needs modifications due to their injuries.
- Loss of Consortium: Compensation awarded to a spouse or partner for the loss of companionship, services, and intimacy due to the injuries.
- Loss of Enjoyment of Life: Compensation for being unable to engage in activities or hobbies that the individual once enjoyed before the incident.
- Future Expenses: This could include ongoing medical treatments, therapies, or long-term care needs based on the prognosis of the injury.
Punitive Damages
These are less common and are awarded in cases where the medical professional’s conduct was particularly reckless and negligent. The purpose is to punish the offender and deter similar behaviour in the future.
Remus Robu Solicitors
The medical negligence claim process can be a long and complicated matter that is both emotionally and physically taxing. Therefore ensuring you have an expert legal team by your side is a must. As highly skilled personal inquiry lawyers we are experts in medical negligence cases and industry leaders in UK law with decades of experience.
At Remus Robu Solicitors, we’re committed to supporting victims of medical negligence, ensuring you receive the compensation they rightfully deserve.
If you have been affected by medical negligence contact us here or email us at office@remusrobusolicitors.co.uk.