When Can You Make A Medical Negligence Claim?

A number of health care incidents can occur, which may result in medical negligence. Though it is important to consider that just in case if anything goes wrong, or the health of a particular patient goes from bad to worse, that does not necessarily mean the patient has gone through any negligence and is worthy of making a medical negligence claim. To clear this confusion, we have made a guide for you that will help you out in understanding where you can make a medical negligence claim and where you can not make such a claim. 

When Would Medical Negligence Be Considered?

A single thing is pretty common in a real case of medical negligence. That thing is the inability of the health care provider to assist the patient with complete facilities that will not result in any extra damage to that person. However, in most cases, this means that the health care provider was not doing their part right, but is some cases, the inability of the doctor to handle a case or their recklessness in the process also leads to medical negligences, which often results in the submission of a medical negligence claim by the patient. We have shed some light on two major medical negligences where you can make a claim. 

Birth injuries

In the UK, birth injuries are pretty uncommon. Though, when they happen, they may bring in some long-lasting injuries or maybe disabilities that can affect a child for the long term. 

This negligence can be avoided in most cases if proper medical assistance is provided to that person before, during, and after birth. Though still, if any unfortunate mishap happens during the birth delivery, immediate medical assistance should be provided to help in obstructing the damage that those circumstances can bring to the children. The child may face certain injuries during the process but they will be saved from long-term injuries or in worst cases, disabilities. 

Medical errors that can increase the risk of birth injury including failing to note and/or monitor risk factors, such as high maternal blood pressure or maternal infection, failure to opt for caesarean section early enough during a difficult birth and incorrect use of forceps, ventouse or other types of birth assistance tools. If this happens during the treatment, you can make a medical negligence claim. 

Brain injuries

Brain injuries can be very serious, which may result from minor negligence too. If the injury is serious, it can cause life-long issues. Immediate treatment is necessary to lower brain damage and increase the chance to progress at a fast pace. In most cases, surgery is required with proper health assistance post-surgery. 

This is necessary because the cells in the brain do not regenerate on their own and any damage that is caused by that brain injury can be everlasting. Complete or partial recovery is achievable if the proper time period is given to the injury to get healed, but depending on the current situation, if proper assistance is not provided in the first few minutes or hours of the injury, it may result in a life-threatening outcome.

A medical negligence claim can be made if the health care provider fails to assist the patient at the right time with the immediate treatment or they miss that injury, as it usually results in long-term damage to the person’s health, or in the worst situation, it can also be life-threatening.

When It’s Probably Not Medical Negligence

Now, we have taken the two major cases into consideration, which will not be considered as cases for medical negligence. 

The patient’s health deteriorates during treatment

It will not be considered medical negligence if the health of the person starts to deteriorate during the treatment. As long as the doctor provides complete medical assistance to the patient at the right time, they won’t be responsible if any unusual mishap happens. In this case, it is not advisable to make a claim by our medical negligence solicitors in Scotland.

The patient’s situation is untreatable

If the health of the patient is untreatable or terminal, and the doctor does not succeed in saving that person. This outcome will not result in making a claim for medical negligence. 

You can refer to our website, Wallace Legal, to get more assistance regarding medical negligence claims.