Medical negligence – know your rights

Many millions of us are treated each year by a seriesHowever, once the issue of negligence is broached
of health professionals in the NHS and privatevictims of medical accidents must prove that they
healthcare, including dentists, doctors, nurses andhave been subject to incompetent care or a lack of
other health care professionals. Happily for most,judgement on behalf of a healthcare professional to
treatment is successful and no problems whatsoeverbe successful in pursuit of their claim. That is where
are encountered during treatment, but unfortunatelythe problem lies for most as medical negligence claims
that is not always the case.can be difficult to prove, certainly without the help of
During the course of diagnosis and treatment wespecialist legal help.
should receive the best possible care. In the majorityHealthcare professionals are only human, and
of cases this happens routinely but when ittherefore can make occasional errors especially when
doesn’t medical or clinical negligence claims canthey are in pressured situations such as in emergency
arise as a result of health professionals orand accident departments, or when undertaking
organisations failing to deliver an appropriate duty ofsurgical procedures. The difference between making
care to patients.mistakes and negligence can be a fine line, but if as a
The fall-out of medical of clinical negligence can beresult of a routine medical procedure a loved one
traumatic, not only for the patient but also for theirunexpectedly dies or suffers severe permanent
family, who may need to care for them in either thedamage then that the family of that patient
short or long term. Indeed, in the immediatedeserves at least a thorough investigation into their
aftermath of a medical accident pursuing a legal claimdemise.
for negligence may be the last thing that the victimIf as a result of that investigation an error of
and their family worry about. Providing immediatejudgement is determined to be the cause of the
day-to-day care for loved ones becomes the prioritydeath or permanent disability, then the family should
and any thoughts of seeking recourse becomes abe free to pursue financial recompense through the
secondary concern.courts, or via an out-of-court settlement.