Doctors, nurses, dentists and other healthcare professionals treat patients successfully. They do not intend to deliberately harm a patient but sometimes things can go wrong. When it does go wrong, most people want to know what happened and assurance that steps are taken so it does not happen again. The consequences can be devastating and sometimes life-changing. If someone has suffered harm as a result they may need compensation to pay for the care and treatment they need.

You can make a complaint to the hospital, GP, dentist or other healthcare provider. You can also complain to the professional body such as the GMC, NMC or GDC. If you want financial compensation the only way to obtain it is by making a legal claim.

Types Of Claim For Medical Negligence

Medical Negligence claims are also referred to as Clinical Negligence claims.
There are many types of claims that can be pursued, these include:

• • Birth injury; Negligence during pregnancy, childbirth and postnatal care leading to complications for the mother or brain injury to the baby, including cerebral palsy
  • Failure or delay in diagnosis
  • Delayed or incorrect treatment
  • Surgical errors such as retained instruments inside the body, operating on the wrong part of the body, or causing additional injury during surgery
  • Failure of the GP to refer the patient to a specialist
  • Failure to carry out vital tests at all or in time
  • Failure to properly monitor the patient’s progress
  • Medication errors: wrong dose or wrong administration
  • Prescription errors
  • Accident and Emergency; failure or delay to diagnose, treat or refer
  • Orthopaedic claims: failed hip or knee surgery, failure to diagnose or treat broken bones
  • Failure to diagnose or misdiagnosis

How A Legal Claim For Medical Negligence Works

In order to make a legal claim, you have to prove 4 elements.

1. 
   
   1. The health care provider, i.e Doctor, nurse or hospital, owed the patient a duty of care.
   2. There was a breach of duty of care.
   3. That the breach caused an injury or loss, known as causation
   4. The injury must be reasonably foreseeable
      
      You have to prove all of these in order for your claim to succeed.