Medical Negligence

Medical Negligence

If you or a loved one has suffered injury, illness or harm because of negligent medical treatment, you may be entitled to claim compensation.

Adam Law Solicitors provides legal advice and representation for people who believe they have been the victim of medical negligence, clinical negligence or substandard medical treatment.

Contact Adam Law Solicitors now

Medical negligence claims can arise from mistakes made by doctors, nurses, hospitals, surgeons, dentists, GPs and other healthcare professionals. These cases can be complex and often require detailed medical evidence from independent experts.

What Is Medical Negligence?

Medical negligence occurs when a healthcare professional or healthcare provider fails to provide treatment to the standard reasonably expected of a competent medical professional, causing injury or worsening a patient’s condition.

Medical negligence is sometimes referred to as clinical negligence or medical malpractice.

To establish a medical negligence claim, it is generally necessary to demonstrate that:

  • A duty of care was owed to you;
  • The healthcare professional or organisation breached the required standard of care; and
  • The breach caused injury, illness or other avoidable harm.

Not every unsuccessful medical treatment or poor outcome amounts to negligence. Medical treatment can involve recognised risks, and proving a claim normally requires appropriate medical evidence.

Medical Negligence Claims We Can Help With

Adam Law Solicitors can advise on a wide range of potential clinical negligence claims, including:

Misdiagnosis and Delayed Diagnosis

A failure to diagnose a medical condition promptly can sometimes result in avoidable deterioration or reduce the available treatment options.

Potential claims can involve:

  • Misdiagnosis;
  • Delayed diagnosis;
  • Failure to investigate symptoms;
  • Failure to arrange appropriate tests;
  • Failure to refer to a specialist;
  • Failure to recognise warning signs;
  • Incorrect diagnosis; and
  • Failure to provide appropriate follow-up treatment.

Surgical Negligence

Surgical procedures carry risks, but mistakes during surgery can sometimes result in serious injury.

Potential surgical negligence claims may involve:

  • Surgical errors;
  • Wrong-site surgery;
  • Damage to organs or nerves;
  • Retained surgical instruments;
  • Inadequate pre-operative assessment;
  • Inadequate post-operative care;
  • Avoidable complications; and
  • Failure to obtain appropriate consent.

Birth Injury and Obstetric Negligence

Errors during pregnancy, labour or childbirth can have serious and lifelong consequences for both mother and child.

Potential claims include:

  • Failure to identify pregnancy complications;
  • Failure to monitor mother or baby appropriately;
  • Delayed intervention;
  • Errors during delivery;
  • Birth injuries;
  • Cerebral palsy claims;
  • Brain injuries caused by oxygen deprivation;
  • Erb’s palsy and other nerve injuries;
  • Failure to perform an emergency caesarean section; and
  • Maternal injuries.

Medication and Prescription Errors

Errors involving medication can cause significant injury.

Claims may arise from:

  • Incorrect medication;
  • Incorrect dosage;
  • Failure to identify contraindications;
  • Medication interactions;
  • Prescription errors;
  • Failure to monitor medication; and
  • Failure to recognise an adverse reaction.

Hospital Negligence

Hospitals and healthcare organisations may be responsible for negligent treatment provided by their staff where the legal requirements for a claim are satisfied.

We can advise on potential negligence involving:

  • NHS hospitals;
  • Private hospitals;
  • Hospital doctors;
  • Nurses;
  • Consultants;
  • Surgical teams;
  • Emergency departments; and
  • Other healthcare professionals.

GP Negligence

GP negligence claims can involve failures to identify or investigate symptoms appropriately.

Examples may include:

  • Failure to diagnose cancer;
  • Delayed diagnosis;
  • Failure to refer;
  • Failure to arrange investigations;
  • Failure to recognise serious symptoms;
  • Failure to follow up abnormal test results; and
  • Incorrect treatment.

Dental Negligence

Clinical negligence can also occur in dental treatment.
Potential dental negligence claims include:

  • Incorrect treatment;
  • Failure to diagnose dental disease;
  • Nerve damage;
  • Extraction errors;
  • Implant complications;
  • Root canal treatment errors; and
  • Failure to obtain appropriate consent.

Can I Claim Compensation for Medical Negligence?

You may be able to claim compensation if negligent medical treatment caused you injury, illness or financial loss.

However, simply experiencing a poor medical outcome does not automatically establish negligence.

Adam Law Solicitors will normally need to investigate the treatment provided and obtain appropriate medical evidence to determine whether the required standard of care was breached and whether that breach caused the injury or loss.

What Compensation Can Be Claimed?

Depending on the circumstances, compensation may include damages for:

  • Pain and suffering;
  • Physical injury;
  • Psychological injury;
  • Loss of earnings;
  • Future loss of earnings;
  • Medical and rehabilitation expenses;
  • Care and assistance;
  • Travel expenses;
  • Adaptations to your home;
  • Specialist equipment;
  • Future treatment; and
  • Other financial losses caused by the negligence.

In serious cases involving permanent disability, brain injury or significant loss of independence, the value of a claim can potentially be substantial.

Medical Negligence Claims Against the NHS

If you believe you have suffered because of negligent treatment provided by an NHS hospital, GP or other NHS healthcare professional, you may be able to bring a claim.

NHS medical negligence claims are generally handled through NHS Resolution, depending on the circumstances.

Adam Law Solicitors solicitors can advise you on the appropriate procedure and the evidence required to investigate your claim.

How Long Do I Have to Make a Medical Negligence Claim?

There are strict limitation rules that can apply to medical negligence claims.

In many cases, the limitation period is three years from the date of the negligent treatment or from the date when the claimant first had the necessary knowledge of the injury and its potential connection with the negligence.

There are important exceptions, particularly involving children and people who lack mental capacity.

Because limitation issues can be complicated, you should obtain legal advice as soon as possible rather than assuming that you have plenty of time.

How Do I Prove Clinical Negligence?

Clinical negligence cases are usually evidence-based.

Depending on the circumstances, evidence may include:

  • Medical records;
  • GP records;
  • Hospital records;
  • Test results;
  • Scans and imaging;
  • Prescription records;
  • Witness evidence;
  • Expert medical evidence;
  • Employment records;
  • Financial documentation; and
  • Evidence concerning your care and rehabilitation needs.

Independent medical experts may be required to establish whether the treatment fell below the appropriate standard and whether this caused your injury.

What Should I Do If I Believe I Have Been the Victim of Medical Negligence?

If you believe negligent medical treatment has caused you harm, you should consider obtaining legal advice promptly.

You should also keep copies of relevant correspondence and documents, including:

  • Hospital letters;
  • GP correspondence;
  • Appointment information;
  • Test results;
  • Prescription information;
  • Discharge summaries; and
  • Any complaints made to the healthcare provider.

Do not delay obtaining advice simply because you do not yet have your complete medical records. Adam Law Solicitors can advise you about obtaining the evidence required to investigate your case.

Why Choose Adam Law Solicitors for a Clinical Negligence Claim?

At Adam Law Solicitors, we understand that suspected medical negligence can have a significant impact on individuals and their families.

Our approach is to:

Listen to your circumstances
We take the time to understand what happened and how the treatment has affected you.

Assess the legal issues
We consider whether there may be evidence of a breach of duty and whether the treatment caused the injury complained of.

Investigate the evidence
Clinical negligence claims can require detailed examination of medical records and expert evidence.

Explain your options
We aim to explain the legal process clearly so that you understand the potential strengths, difficulties and costs of your claim.

Pursue appropriate compensation
Where a viable claim exists, we seek appropriate compensation for the injury and financial losses suffered.

Speak to Adam Law Solicitors

If you believe that you or a family member has suffered because of negligent medical treatment, Adam Law Solicitors can provide advice about your circumstances.

Whether your potential claim involves misdiagnosis, delayed diagnosis, surgical negligence, hospital negligence, GP negligence, birth injury, medication errors or another form of clinical negligence, obtaining early legal advice can help you understand your position.

Contact Adam Law Solicitors today to discuss your potential clinical negligence claim.

Frequently Asked Questions

What is the difference between clinical negligence and medical negligence

The terms are often used interchangeably. Clinical negligence generally refers to negligent treatment or care provided by a healthcare professional or healthcare organisation.

Can I claim for a delayed diagnosis?

Potentially. A delayed diagnosis may give rise to a claim where it resulted from a breach of the appropriate standard of care and caused additional injury or loss.

Can I claim against my GP?

Potentially. GP negligence claims can arise where a GP or practice has failed to provide the appropriate standard of care and this has caused injury or loss.

Can I claim against an NHS hospital?

Potentially. Claims involving NHS treatment can be brought where the legal requirements for clinical negligence are satisfied.

How much is a clinical negligence claim worth?

There is no fixed amount. Compensation depends on factors including the nature and severity of the injury, prognosis, financial losses, care requirements and future consequences.

How long does a clinical negligence claim take?

The timescale varies considerably. Straightforward cases may resolve relatively quickly, while complex claims involving serious injuries and disputed medical evidence can take considerably longer.

Do I need medical evidence?

Clinical negligence claims commonly require independent medical evidence to establish whether the treatment was negligent and whether the negligence caused the injury.

What if I am not sure whether my treatment was negligent?

An initial assessment can help determine whether your circumstances warrant further investigation.

If you believe you have suffered avoidable harm because of negligent medical treatment, contact Adam Law Solicitors for advice about your potential claim.

Call Adam Law Solicitors now for an initial phone consultation.

If you believe you have had negligent treatment from a healthcare professional it is essential you contact us as quickly as possible.  Please email us or use the form on this page.