While the UK healthcare system is among one of the best, unfortunately, doctors sometimes fail their patients. A breach of a professional’s duty of care is known as medical negligence, and its impact on patients ‘lives is significant, having physical, psychological and financial consequences. If you’ve been a victim of medical negligence, it’s essential to make a claim, but the process can be lengthy and confusing, and you need enough evidence.
How to determine if you’ve experienced medical negligence
Medical negligence describes any medical error that can lead to injuries or, worse, patients’ deaths. From a legal perspective, this issue is very complex, so it’s imperative to seek the help of an attorney if you believe you’ve been a victim of medical negligence. Common types of medical negligence include:
- Misdiagnosis occurs when a doctor gives an improper diagnosis of a medical condition by misinterpreting test results or not considering all the potential diagnoses. The consequences of misdiagnosis are severe, as it can lead to an invasive procedure or delay treatment.
- Birth injuries happen when a healthcare provider doesn’t meet the adequate standard of care during the labour process and can include cerebral palsy, brain damage and broken bones.
- Surgical errors occur when the medical professional makes errors like performing unnecessary surgeries, leaving medical devices in patients’ bodies after the surgery, or operating on the wrong part of the body.
- Prescription mistakes: happen when a healthcare provider prescribes an incorrect medication dosage, resulting in severe medical complications and, at worst, leading to death.
- Radiation injuries result from improper protection during radiation treatments or X-rays and can have devastating consequences, leading to conditions like cancer.
It can be challenging to determine if you have a medical negligence case. However, there are some signs you can watch out for, such as:
- Errors in diagnosis or medical treatment;
- Injuries that didn’t result from natural causes or accidents;
- Delays in medical treatment;
- Infections acquired from the hospital.
If you experience any of the symptoms above, it’s vital to contact a solicitor as early as possible, as they can guide you through the legal process and help you file a compensation claim. If necessary, they will also represent you in court, thus ensuring you’ll get the compensation you deserve.
Steps to take if you’ve been a victim of medical negligence
If you believe you have been a victim of medical negligence, several things can help you claim your rights:
Seek medical help
If your doctor has failed you, it is time to seek a second opinion from another medical expert. There are two essential reasons why you should do so. Firstly, an experienced doctor can adequately address your injuries and create a recovery plan. It’s imperative to consult another medical expert, as they can tell you whether your first doctor made an error that caused your injuries. Plus, your medical records are vital evidence when claiming compensation.
Gather evidence for your case
To establish evidence of medical negligence, it is necessary to show that the healthcare provider had a duty to provide a certain standard of care and that this duty was breached, resulting in harm to the patient. The following types of evidence can be used to support a claim of medical negligence:
- Medical records and documentation: This includes your medical history, treatment plan, and any relevant test results;
- Expert witness testimony: This can be from medical professionals who can provide an expert opinion on the standard of care and whether it was breached.
- Records of previous similar incidents: This can help establish a pattern of negligence.
- Testimony from witnesses: This includes friends, family, or other healthcare providers who can provide evidence of the harm caused by the negligence.
- Physical evidence: This can include photographs, X-rays, and other visual evidence that can support the claim.
Document your injuries in a journal
Keeping a journal of your injuries can be a helpful tool in documenting the effects of medical negligence. This can include a record of the following:
- Symptoms: write down any new or worsening symptoms you experience, like pain, discomfort, or changes in your physical abilities.
- Treatment: keep track of any medical treatments or procedures you receive, including medications or their side effects.
- Appointments: record the dates of your appointments with healthcare providers and any instructions or advice you receive.
- Impacts on daily life: note any changes in your daily activities, such as work, sleep, or recreation, and how your injuries are affecting them.
Having a detailed and organised record of your experiences can help demonstrate the extent of your injuries and their impact on your life. This information can be really helpful in proving a medical negligence case.
Contact a personal injury lawyer as early as possible
Contacting a solicitor is a crucial step in pursuing a claim for medical negligence, as they can provide guidance and help you understand your legal rights and options. When looking for the best among the other personal injury attorneys, finding someone specialising in medical negligence claims is vital. This can be a complex claim, and you need an experienced legal professional to help you navigate the process and increase your chances of a successful outcome. Your solicitor can assist you in gathering evidence, negotiating with the healthcare provider or their insurance company, and representing you in court if necessary. They can also provide emotional support and advocacy during the process. Keep in mind that medical negligence claims involve time limits, so it’s best to seek legal advice as soon as possible if you suspect you’ve been a victim of medical negligence.
Conclusion
If you’ve suffered an injury due to medical negligence, it’s vital to seek legal help and start your claim. Medical negligence is a complex issue, and it’s best to have an experienced professional on your side. While the legal aspect is important, you should also remember to focus on your recovery by respecting your doctor’s treatment and getting enough rest. If necessary, don’t hesitate to seek help from a mental health professional, as they can help you process the trauma you’ve experienced due to the doctor’s error. Having a solid support system is another essential component of the healing process, so don’t hesitate to rely on your loved ones.
