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Your Guide To Making A Medical Negligence Claim

February 3, 2023 By Chloe Stuart Medical Negligence,Personal Injury Claims

When you or a loved one suffer from ill health and require assistance from a medical professional, it can be a very stressful and worrying time. We trust that the medical professionals looking after us will provide us with the best care possible but sadly this is not always the case and mistakes do happen.

Jones Whyte Medical Negligence Specialists

With the increased pressures on GPs, Doctors, Surgeons, Paramedics, Midwives, Nurses, and Dentists, errors in treatment provided, missed or delayed diagnosis, and failure to obtain informed consent, is unfortunately on the rise. Our medical negligence lawyers understand that making a claim against a professional can often feel like a daunting prospect and are here to guide you every step of the way. We recongise the life-changing impact that medical negligence can have on the individual and their family.

We ensure that you are heard from the initial consultation, right through until the conclusion of your case. We recognise that one of the most important aspects when pursuing a medical negligence claim is obtaining answers as to why the negligence occurred in the first instance and ensuring that those involved learn from their errors, to prevent similar failings from occurring in the future. We provide access to the top medical experts available in the UK to obtain these answers and ensure that you are compensated fully.

Legal Test

In order to be successful in your legal claim for medical negligence, there are two hurdles that we require to prove on your behalf:

  1. Breach of Duty of Care: In order to establish liability, it must be proved that the treatment provided fell below the standard of care expected and is a practice that no other medical professional acting with ordinary skill and care would have taken. The opinion of whether the care provided was below the standard expected, is provided by an independent medical expert who specialises in the same field.
  2. Causation: Whilst it is essential to establish that the care fell below the standard expected, we also must prove that on the balance of probabilities, this resulted in an adverse outcome.

What Damages Can I Claim?

As well as any pain and suffering endured as a result of the negligence, below is an example of some other heads of damages that we can seek to recover on your behalf:

  • Loss of earnings, including past and future loss of earnings
  • Loss if employment
  • Pension Loss
  • Care & Assistance
  • Gratuitous care from family or friends
  • Corrective treatment
  • Physical & psychological rehabilitation
  • Adapted accommodation
  • Aids & equipment

Pursuing a Medical Negligence Claim When The Individual Has Passed Away

In cases in which an individual experienced medical negligence whilst they were alive but are no longer here to pursue a claim, the Executor of their estate can pursue the claim. The Executor can pursue a claim for the pain and suffering caused to the individual, prior to their death.

In Scotland, close relatives (spouse, parents, children, grandchildren, grandparents, and siblings including step-relatives) of an individual who has died as a result of negligence can pursue a claim for loss of society under s4(3) of the Damages (Scotland) Act 2011.

To pursue a loss of society claim, we must be able to prove that the care provided to the deceased patient caused or contributed to their death. The deceased’s relatives are each compensated for the loss of their relationship, support, and guidance of that family member in their life.

In certain circumstances, in which negligence occurred during the individual’s lifetime but they are no longer here to pursue the claim, the Executor can also pursue the claim on behalf of the estate, even if the negligence did not directly result in death. For example, where a delay in diagnosis of incurable cancer occurs, which shortens the individual’s life and which can affect their overall quality of life but does not directly result in death, an Executor can pursue a claim for medical negligence on behalf of the deceased’s estate.

Time Limits

In order to pursue a claim for medical negligence in Scotland, Court proceedings must be raised and served on the negligent organisation or individual professional, three years from the date in which you could reasonably be expected to have become aware of the negligence.

For negligence pertaining to children, the time limit in which to raise the claim in Court is three years from the date of their 16th birthday.

At Jones Whyte, our Solicitors will handle your case with the utmost respect and professionalism. With years of combined experience, our Solicitors are aware of the sensitive nature of medical negligence claims. We are always on hand to support you and provide advice. Get in touch today via the form below and a member of our Clinical Negligence team will respond to you promptly.

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