Doctors and medical professionals all across the UK have been doing a fine job. When you pay a visit to any medical facility, you expect to feel better after some time. However, this isn’t the case everytime. Despite the NHS setting very strict standards for health and safety, medical negligence cases are witnessed quite frequently. These acts of negligence can get you injured due to a botched surgery or you might end up suffering after getting a wrong diagnosis. In serious cases, clinical malpractices can even cause serious conditions and death.
Since the issue is very serious, we believe it is of utmost importance that you know everything about medical negligence claims. Here we have listed some essential things you must know about this problem.
Defining Medical Negligence
It’s when medical professionals breach the standard of care, they commit medical negligence. This is when a doctor or any medical professional does something wrong, inappropriate or unreasonable under any situation, which the other doctor would not have done in a similar circumstance. If the doctor’s act results in a patient suffering from injury, or their condition getting worse than before, this would be deemed as medical negligence.
What Are The Costs Of Clinical Negligence Claims
Medical negligence sector is slowly becoming the biggest chunk of personal injuries, with the legal industry developing more and more around this sector. Any search on Google related to clinical negligence will give you a rich profusion of law firms offering legal services and consultation on compensation claims.
In the year 2018-19, the total cost of medical negligence cases to the NHS was around 2.5 billion, of which 1.4 billion was given out in compensation, and around 1 billion was accounted for legal fees. The entire payout was estimated around 2% of the total budget given to the NHS, and this is estimated to go up to 4% in the coming years. The NHS resolution showed that 44% cases were settled without the damages being paid out. Also, the cases mediated, significantly overshadowed the cases that went to trial with a ratio of 6 to 1, in the year 2018-19.
- Does Every Bad Outcome Mean Medical Negligence?
This isn’t true. It must be noted that every medical procedure comes with risks, and every individual responds differently to every treatment. According to experts, bad results can happen even when the doctors had done everything right, and the circumstances were favourable too. There have been several cases where a patient’s health exacerbated despite them receiving the most advanced treatment. A bad result is obviously necessary to prove medical negligence, but a bad result does not always mean medical negligence was committed.
- Time Limit To File Medical Negligence Claims
Similar to all other personal injury cases, the general time limit for medical negligence claims is 3 years from the date of the alleged incident. This means that your solicitor must get the court proceedings started by issuing a claim at the court within 3 years. That being said, there are certain circumstances where the 3 year time limit does not start from the date of happening. For instance, if the case involves children, the time limit does not start until they are 18 years old. Secondly, if the injured person lacks capacity, the 3 year time limit will begin from the time they gain capacity. Lastly, if the injured person dies within the 3 year period, this 3 year limit will be extended to either the date of death or the date of knowledge of the deceased, whichever comes later.
- Proving Medical Negligence
Facing medical negligence is undoubtedly one of the most devastating things for anyone. Although the law allows every citizen to claim compensation for such issues, but this compensation is only possible if you’re able to prove the negligence. Since this task involves great levels of complexity, it is recommended that you get in touch with a professional personal solicitor who can guide you throughout the procedure.
For this you can get connected with Wallace Legal right away and have an expert solicitor work for your case to ensure you obtain the compensation without hassle.