Medical Negligence Questions

 

A member of my family died due to negligence – can I claim on their behalf?

Cases of medical negligence can vary widely in terms of severity, from what might be termed fairly ‘minor’ problems such as having the wrong tooth extracted, all the way up to misdiagnosis of serious illness or the prescribing of a medicine which the patient is allergic to. What they all have in common, however, is the psychological havoc wreaked by the fact of having been let down by the people treating you.
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Is there any difference between claiming from the NHS and a private clinic?

One of the most daunting aspects of making a claim for medical negligence is the thought of going up against an organisation such as a hospital or clinic. Even though you may be certain that the treatment you received fell below acceptable standards, and that you suffered as a result, the thought of actually being able to prove these facts when arguing against experts who’ve worked in the field for years can be highly stressful.
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I was given the wrong medication, can I make a claim?

Ask the average person to come up with a description of a case of medical negligence, and the chances are that they’ll start imagining scenarios such as the wrong limb being amputated or a serious illness such as cancer being missed until it’s too late to treat successfully. Whilst there are some cases which are as dramatic and severe as these, the truth is that any negligence on the part of the staff providing your medical treatment can be deeply distressing.
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What kind of mistakes are categorised as medical negligence?

Being ill is one of the most stressful things that can happen to a person, something which isn’t helped by the fact that the treatment may well be as stressful and unpleasant as the symptoms of the illness itself. The vast majority of the time, however, you can at least take some comfort in the fact that the doctors nurses and surgeons attending to your treatment will do the very best job that they can. Occasionally, however, mistakes are going to be made, and when the treatment you receive falls below the level which you might reasonably expect then it can be extremely distressing.
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How is medical negligence compensation calculated?

Just as you possess the right to claim compensation if you are hurt following somebody else’s negligence on the road or at work, you have the right to seek damages if you are injured or suffer deterioration in your health due to the negligence of medical professionals. Medical negligence covers a wide range of things, from misdiagnosis that leads to the worsening of your health to malpractice, surgical errors and injury to a mother or baby during childbirth.
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How does medical negligence differ from other injury claims?

While most medical professionals ensure patients are treated carefully and get the best treatment and care possible, mistakes do happen. Furthermore, a medical professional can injure a patient due to neglect or bad practice, which is known as medical negligence or sometimes clinical negligence. If you suffer an injury because of malpractice by a medical professional then you have the right to claim for compensation.
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Am I eligible for compensation if I’m injured due to a surgical error?

Undergoing an operation is stressful and worrying and the last thing you want is for something to go wrong. No surgical procedure is without its risks though. However, when an error by a surgeon or other member of staff results in injury or further damage to your health, you can claim damages for medical negligence. Medical negligence cases can be quite complicated so if you believe you have been the victim of surgical error, it is important to speak to a personal injury solicitor as soon as possible.
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Can I claim for MRSA and infections picked up in hospital?

MRSA is one of several infections that are difficult to treat. It is considered by many to be a hospital-acquired infection because most cases are picked up in hospital when people’s immune systems are already weakened. When you go into hospital, you expect to get better, not to become worse by acquiring an infection. Therefore, if you have contracted MRSA or another type of infection whilst in hospital, you may be able to claim damages.
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Can I claim negligence compensation for misdiagnosis?

Nobody is infallible. Doctors, just like everybody else, can make mistakes. However, not all mistakes constitute negligence. In order to make a claim for medical negligence, it has to be established that the treatment, or lack of it, contributed to injuring you or making your health worse. In cases of misdiagnosis, this is not always the case so it doesn’t always constitute a case of medical negligence.
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Can I claim for an anaesthetic error?

When we go in for surgery, it can be stressful and traumatic. However, just imagine how much worse it would be without the aid of anaesthetic. Anaesthetists are highly qualified doctors and rarely make mistakes, but sometimes they do. Waking up during a surgical procedure or feeling pain because you haven’t been given enough anaesthetic can be extremely painful and highly traumatic. In addition, if too high a dose of anaesthetic is given during a surgical procedure it can lead to permanent nerve or brain injury, which could result in permanent disability.
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