Debbie Milne | Partner and Solicitor Advocate

Clinical Negligence FAQs

Clinical negligence is defined as care which has been delivered by a medical professional to a patient which is deemed to be substandard and has been the direct cause of an injury, or the worsening of an existing condition. Clinical negligence can take a number of forms, including incorrect treatment, surgical mistakes and misdiagnosis.

Making a clinical negligence claim can seem difficult, but Jackson Boyd Lawyers are here to help. In the last year we have secured millions of pounds in compensation for our clients, and offer a no-win, no-fee service. Our team of experts are here to help you through every step of your claim, while offering a friendly and professional service. For more information on funding your personal injury claim please click here.

We are here to answer any questions you might have about making a claim, and have created a guide to help you towards a better understanding of your rights and whether you might be entitled to compensation.

Clinical Negligence FAQs

How do I make a clinical negligence claim?

If you are looking to make a medical negligence claim, you should contact a specialist personal injury solicitor. After you have gotten in contact with one of our lawyers, we will deal with your claim for you. We will ask you a number of questions about your circumstances, and then begin gathering evidence to support your claim. Most personal injury cases are settled out of court, and settlement is negotiated with the other party.

What evidence is required to prove medical negligence?

In order to have a successful case, it is important that we can prove that you have received negligent treatment, which has either contributed to worsening an existing condition or caused you an injury. In order to do this, we may need to gather: medical reports, witness statements, expert medical opinions, photographs and any other evidence which we feel will help your claim.

How much can I claim?

The amount that you can claim in compensation for medical negligence varies depending on a number of factors. The first factor is the extent of your injury or illness caused by medical negligence. The second factor is the expenses which you have already incurred because of medical negligence. You may also be awarded compensation for the costs and limitations your injury may cause you in the future.

Do I have to go to court?

It is rare to find a medical negligence case that makes it to court, with only the most difficult cases needing to be solved there. If you case does go to court, our team of experienced lawyers will help you with every step of the process. On top of this, most of our clients find that the court experience is a much more informal affair than they are expecting.

What time limits do I have on making a medical negligence claim?

The time limit for making a medical negligence claim is three years. This is three years from the date that your injury was linked to medical negligence and not the date you were injured.

Can I make a claim against the NHS?

If you feel like you have been injured or suffered an illness as a result of negligent treatment by the NHS, or any healthcare professional then you are entitled to make a claim.

Will making a claim affect my future treatment?

No. Making a claim should not have any effect on your future treatment. In the rare case that you feel like your treatment has been compromised as a result of a claim, we will help you to address this. Not only will we make sure that you are aware of your rights, but we will make sure that you are transferred to a different hospital if you don’t feel comfortable receiving treatment in the facility that you have suffered negligent treatment in.

How long will the case take to settle?

While we look to make sure that we settle all claims as quickly as we can, we wish to make sure that you receive all the compensation that you are entitled to. The nature of medical negligence claims means that each case is unique, so times will vary for every claim.

What are the most common mistakes made in surgery?

While there are a range of surgical negligence claims which can be made, some of the most common claims which are dealt with are:

  • Damage to the bile duct after gall bladder surgery
  • Failure to diagnose ectopic pregnancy
  • Failure to diagnose appendicitis
  • Haemorrhage after gynaecological surgery
  • Wrong size prosthesis being used in surgery including knee and hip joints
  • Perforation of the bowel during abnormal pregnancy

Can medical negligence cause pressure sores?

There are a number of ways that medical negligence can make pressure sores worse, they include:

  • If a patient is left in the same position for too long
  • The patient hasn’t been given an appropriate bed
  • Staff have neglected to properly clean or dress wounds
  • Staff have failed to spot a pressure sore which has been developing and haven’t taken action to avoid it

Do I need a medical examination after making a medical negligence claim?

If you make a medical negligence claim, then it is probable that you will have to see a doctor. A doctor will have to assess you to determine the extent of any injury or illness you have suffered because of medical negligence. Having a professional opinion will help you when making a claim.

Can I make a claim on behalf of a child?

If you are the parent or guardian of a child who has suffered injury or illness as a result of medical negligence, then you are able to make a medical negligence claim.

What is ‘causation’?

Causation is a legal term which is used to refer to the extent of the injury or illness which has been caused by medical negligence. An example of this would be if you have a pressure sore which has developed and become severe tissue damage. Causation could be proved by identifying how long it took for a diagnosis, or reviewing the amount of treatment that you received to stop the condition from getting worse.

Medical Negligence Lawyers in Scotland

If you wish to make a medical negligence claim, choose Jackson Boyd lawyers. Our dedicated team have experience working with medical negligence cases, and offer you a no-win, no-fee service. To arrange an obligation free consultation today, call us on 01412496903, or fill in our online form here.

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