Although you might think that the answer to this question should be a fairly straightforward yes or no, it can be difficult to establish the facts in medical cases, owing to divergent opinions among doctors and other professionals on how certain conditions are best treated. However, there are cases in which it is relatively easy to prove negligence, such as when a medical professional prescribes or administers the wrong drug. If your case is less clear cut, you will probably need to seek legal advice before you know whether you have been a victim of negligence or not.
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Complicated cases
If you have been treated in a manner that you believe has resulted in unnecessary mental suffering or physical injury, which would not have occurred had you been treated correctly, you may well have a good chance of proving negligence and obtaining compensation in a court of law. To prove that a doctor or nurse has behaved in a negligent manner, you will need to prove that the standard of care they provided was below what you were entitled to expect. To do this, the treatment received will need to be compared to recommended practices in the medical community. However, if a reputable medical body is found that approves of the type treatment you received, even though other bodies may disagree, it will be very difficult to prove negligence.
Simple cases
Whilst no cases of medical negligence can truthfully be called simple, some, as mentioned earlier, are simpler than others. In addition to the example at the beginning of this article, that of being administered the wrong drug, there are a number of other actions that it is fairly easy to prove were negligent. These include, but are not limited to, the following:
- Misdiagnosis
- Making a mistake when performing an operation, which results in injury or unnecessary suffering
- Failure to obtain the consent of a patient before carrying out a particular procedure
- Failure to advise of the risks involved in a medical procedure.
Whether you are certain that you are the victim of negligence or you would like to find out more information on the law before making up your mind, you can consult a legal firm that specialises in medical cases before taking any action: mintons.co.uk and other websites run by legal professionals all have details of how to get in touch them and request a chat. After an initial consultation, you may wish to hire the solicitors in question to represent you, assuming that they are of the opinion that you have a good case.
Some firms charge a flat hourly fee for medical cases, whereas others work on a contingency basis. The best fee structure for you will depend on how much you think you might win, your current financial status and other personal factors. If you are unsure of how the way you are charged will affect you financially, you should ask the firm in question to provide you with a clear breakdown of costs for you to review.
About the Author: Mintons Solicitors is a reliable provider of legal aid when it comes to filing clinical negligence claims. Check out mintons.co.uk for more information on the company and its services.
