MEDICAL (OR CLINICAL) NEGLIGENCE COMPENSATION CLAIMS
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WHAT IS MEDICAL (OR CLINICAL) NEGLIGENCE?
Compensation for Medical Negligence can be claimed where a Healthcare Professional or Medical Institutions – such as a Doctors Surgery, Medical Clinic, Care Home or Hospital has failed to properly carry out thelegal responsibilities owed to their patients(known as a“Breach of Duty”) and that causes their patient to be in the position which could, and should, have been avoided (known as “Causation of Avoidable Harm”). Establishinga Breach of Duty and Causation of Avoidable Harm are both essential ingredients to pursuing a successful Medical Negligence Claim.Simply put:--
- ‘Breach of Duty’means that the care or treatment which you received fell below the standard expected of a reasonably competent and skillful medical practitioner; and
- The requirement to prove “Causation of Avoidable Harm” is satisfied where you can establish that it was negligent medical diagnosis, treatment or care (and not, for example, the nature and unavoidable consequences of your underlying medical condition or potential adverse complications associated with the particular treatment which you have undergone) which could, and should, have been avoidedthat caused you, or a loved one, harm – or, in a worse case scenario, even unnecessary premature death.
In view of the fact that Medical Negligence can be difficult to establishit is extremely important to receive appropriate legal advice from specialist Solicitors who are in a position toproperly advise you and guide you through the necessary process – including engaging the assistance of appropriate Independent Medical Experts in order to establish both of the essential elements for a successful Medical Negligence claim mentioned above and, where necessary, to also select appropriate Barristers to be part of your legal team.
Medical Negligence can arise in a wide range of situations - whether you are the victim of medical misdiagnosis, medication errors or have suffered as a result of negligent treatment resulting in unnecessary consequences such asbrain damage, nerve injury, spinal injury or amputation to name but a few– and, indeed, against a variety of different Medical Practitioners or Medical Institutions (such as, for example, General Practioners, District Nurses, Chiropractors, Osteopaths, Dentists, Nurses, Midwives, Hospital Doctors, Consultants, Surgeons, Surgeries, Clinics, Hospitals and Care Homes – whether part of the NHS or within the Private Medical sector)
Other situations where Medical Negligence claims can arise include situations where:--
- treatment was undertaken without your consent or properly“Informed Consent” was not obtained to treatment which you have undergone (for example – you, or a loved one, were not warned of potential complications or adverse consequences associated with the kind of treatment recommended to you or your loved one, and of which you or your loved one ought to have been made aware, prior to you agreeing to go ahead with that treatment);
- situations where mistakes by Anesthetists result in you remaining aware of pain during surgery and / or resulting in disability;
- avoidable Pressure Sores or Ulcers;
- inappropriate Cancer care has been received – such as, for example, under or over doses of Chemotherapy – resulting in unnecessary suffering and / or premature death ;
- Cosmetic Surgical procedures going wrong; and
- avoidable situations or consequences occur during Pregnancy and / or Childbirth which damage the health of mother or child or, in a worse case, scenario, result in avoidable death.
WHY CHOOSE WOOLLISCROFTS SOLICITORS?
If you have suffered as a result of negligent medical diagnosis or treatment it can be difficult to know where to turn for legal advice and assistance.Woolliscrofts Solicitors are proud to have been representing the interests of injury victims throughout Staffordshire, Cheshire and beyond for over a century.
When a medical diagnosis, a surgical procedure or a hospital treatment goes wrong (whether you were being treated by the NHS or privately), and the mistake was due to incompetence or lack of judgment by a doctor, surgeon or healthcare professional it is essential that you have you need an expert team to advise, assist and represent you. Woolliscrofts Solicitors are your friendly local Solicitors who are truly passionate about securing the victims of Medical Negligence the compensation that they deserve.
Woolliscrofts Solicitors are here to help the victims of Medical Negligence pursue compensation claims. We will fight your corner in order to secure the compensation that you deserve and are fully familiar with dealing with the kind of tactics which some members of the medical profession, their insurers and legal representatives may seek to use in order to resist, belittle or undervalue the claims of victims of Medical Negligence.
We appreciate that Medical Negligence claims can be upsetting, distressing and sensitive matters to discuss with others and generally deal with – but you can be sure that the friendly and approachable team here at Woolliscrofts Solicitors will carefully listen to your concerns, handle your case in a sympathetic manner and strive to provide you legal advice and assistance specifically tailored to your individual needs with a view to achieving your objectives and appropriate compensation.The specialist Injury Solicitors here at Woolliscrofts Solicitors are members of the Law Society Personal Injury Panel and / or the Association of Personal Injury Lawyers (known as APIL).
Most claims are undertaken by Woolliscrofts Solicitorson an insurance backed No Win, No Win basis - which means that there is no financial risk to our clients.
By contacting Woolliscrofts Solicitors on a FREE NO OBLIGATION BASIS we can provide you with free initial advice to help you understand whether you may be entitled to claim compensation and whether we are prepared to enter into a Conditional Fee Agreement to conduct your case on a “No Win, No Fee” basis.
Home or Hospital visits are available if you are unable to attend at one of our network of offices – which are based in Hanley, Tunstall, Wolstanton, Stone and Alsager.
TIME LIMITS FOR CLAIMING COMPENSATION FOR MEDICAL NEGLIGENCE:
-Although there are some limited exceptions (such as, for example, where the patient was under the ago of 18 years or Mentally Incapacitated at the time of the Medical Negligence in question), it is generally necessary to actually commence a Medical Negligence claim in Court (unless, of course, the claim for compensation has been successfully settled without the necessity for formal legal proceedings beforehand) within three years of:-
- the date of your injury; or
- the date when you first discovered that your injury was the result of medical negligence.
It is absolutely crucial to obtain expert legal advice at the earliest opportunity after Medical Negligence has occurred –not only to establish the Time Limit applicable to the particular circumstances of your individual case; but also because:-
- the steps necessary to properly investigate and prepare a Medical Negligence claim to the point at which formal legal proceedings can be commenced can take time;and
- at least some aspects of the evidence which may need to be relied upon in support of a Medical Negligence claim candepend upon the memory of witnesses as to precisely what occurred and when (which is why Woolliscrofts Solicitorsalways recommend that you record all relevant details when they are fresh in your mind)DON’T DELAY – CONTACT WOOLLISCROFTS SOLICITORS TODAY