Queuing Up for Justice: Medical Compensation Claims

While the vast majority of medical treatments administered in the UK are successful, a minority are not. Of this minority, a smaller minority involve medical negligence: the provision of healthcare which falls below the standard which would have been provided by a competent medical professional or organisation.

What are the main causes of medical compensation claims?

Medical negligence can take a number of forms. Some of the more common include:

Misdiagnosis

This is where a diagnosis is either mistaken, late, or not provided. This might result in the appropriate care not being provided, or an inappropriate and possibly damaging form of care being provided instead.

Surgical negligence

A great many mistakes can potentially occur in an operating room – and these mistakes have the potential to be life-changing. Too much anaesthetic, or too little, might result in substantial stress or long-term consequences for the patient. The same might be said of foreign objects being left inside the patient!

Improper advice

A patient might feel as though they’ve been guided towards a particular treatment option, without being warned about the potential risks and side effects. If you suffer a side-effect that you weren’t aware was possible, then it might be that you’re the victim of negligence.

What strategies can patients use?

Patients who find themselves in this position might seek to extract compensation themselves. But the better option is almost always to get a competent, specialised solicitor on your side when pursuing an NHS medical negligence claim.

Evidencing a claim of medical negligence involves proving that the standard of care provided was below that which would have been provided by a competent member of the profession. In other words, you’ll often need to get a competent doctor to testify that your doctor was incompetent.

Medical negligence solicitors have access to the necessary contacts, and will be able to secure the appropriate witnesses. They’ll also be able to guide you through the process with minimal stress. Many solicitors here will also proceed on a no-win, no-fee basis, which means that you’ll have extra financial security.

The role of legal frameworks and regulatory bodies

The good news is that there are plenty of mechanisms and institutional tools available to ensure that medical malpractice cases are handled fairly and transparently, and that patient’s rights are protected.

Different medical sub-specialisations are governed by slightly different sets of regulations, and professional bodies. For example, pharmacists are governed by the General Pharmaceutical Council, according to legislation found in the Pharmacy Order 2010. Similarly, dentists are overseen by the General Dental Council, and the Dentist’s Act 1984.

If your solicitor is familiar with the legislation, needless to say, you’ll have a better chance of emerging with the right outcome.