Medical Negligence

Understanding Medical Negligence

Medical negligence (also known as clinical negligence) occurs when a healthcare professional provides care that falls below an accepted standard and the patient suffers harm as a result. This harm can come in the form of injury, unnecessary pain, emotional trauma or deterioration of an existing condition. When the breach of duty causes preventable harm, the law provides a route to accountability and various remedies.

What is medical negligence?

Medical negligence is where a healthcare provider has given inadequate care to a patient causing them harm.

Examples of medical negligence include:

  • Misdiagnosis or delayed diagnosis: when a condition is not properly observed, misdiagnosed, or treated too late.
  • Surgical mistakes: this may include an operation on the wrong area, foreign bodies left inside the body, or unwarranted procedures.
  • Injuries at birth: for example a failure in monitoring, delayed C-sections or misuse of instruments during childbirth.
  • Medication mistakes: prescribing a wrong dose or failing to recognise dangerous drug interaction.
  • Inadequate informed consent: failure to disclose the risks of a procedure or to provide information on other alternative procedures available to a patient.

Bringing a claim

You can bring a claim for medical negligence to seek compensation for harm caused by substandard medical treatment. This could be against an NHS Trust, a private hospital, your GP or dentist. To bring a claim in England and Wales, a claimant must prove:

  • The healthcare provider owed you a duty of care;
  • The duty was breached by falling below the accepted standard;
  • You suffered damage, your condition worsened or your recovery was delayed; and
  • The breach directly caused the harm.

Harm includes physical injury, psychological trauma, or even financial loss, for example through time off work, treatment costs, travel expenses and care and rehabilitation costs.

The time limit for bringing a claim is three years from the date of injury or the date of knowledge of the negligence, whichever is later. If a family member or loved one dies and was the victim of a medical failure, their Estate can bring a claim and seek compensation on their behalf. Similarly, if a victim lacks capacity or is under the age of 18, a parent or other appropriate adult can bring a claim on their behalf.

How we can help

At Taylor Hampton we strive to make the process as transparent and stress-free as possible.

Following an initial enquiry, we will chat with you on a free, no obligation basis. Our experienced professionals can help you determine the strength of your case and discuss your options moving forward.

If you decide to bring a claim, it will be important to obtain your medical records to ascertain exactly what happened. We may then instruct counsel, as well as independent medical experts, including a breach of duty, a liability and a condition and prognosis expert, to prepare reports setting out their expert opinion on the case and the merits of pursuing any claim.

Why Taylor Hampton?

Taylor Hampton has extensive experience representing individuals in medical negligence cases, providing uncomplicated advice and strong results. We are known for being proactive and determined in negotiations, helping our clients achieve the best possible results for their situation.

Whether your case involves a delayed diagnosis, surgical injury or any other medical error, Taylor Hampton’s team can provide a clear path forward. You may want to make a medical negligence claim for various reasons, including bringing the wrongdoer to account, requesting an apology, obtaining damages or even to push for regulatory reform. We can help you achieve any of these remedies.

In the appropriate case we may be able to act on a no win no fee basis.  We are also able to advise on insurance provisions such as taking out ATE insurance, to help protect your financial position when bringing a claim.

If you would like to make an initial enquiry, please contact us here. The medical negligence team at Taylor Hampton is led by Anna Johnston, who you can contact here.

Discuss Your Medical Negligence Today

Taylor Hampton can assist you in pursuing or defending claims for Medical Negligence, guiding and supporting you throughout the entire process.

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For all enquiries please call Taylor Hampton on +44 20 7427 5970