Medical negligence claims are filed when a procedure does not go the way that the patient had thought it should. These claims cover the physical, emotional, and financial distress that can occur when a surgery does not go as planned.
Unfortunately the suffering that is caused by a surgical procedure that did not go as planned cannot always be made to completely go away no matter how much financial compensation you receive, but compensation can go a long way in helping your recovery.
Medical negligence claims can be caused by an incompetent surgeon, a reaction to a medication that you are given, poor quality care in the hospital, among other things.
Common Medical Negligence Claims
There are actually thousands of medical negligence claims filed each year in the United Kingdom alone. They can be due to:
- NHS or private hospital negligence.
- Birth injuries.
- Neck injuries.
- Spinal injuries.
- Brain injuries.
- Negligence in surgical procedures.
- Incorrect medical diagnosis.
- Cosmetic procedure negligence.
Medical negligence claims can be filed if you were disfigured during a surgical procedure, or if your surgical procedure did not go like you planned it to go, and if you did not heal properly, or your surgery ended up costing you more than you thought it would because of complications.
Common Reasons For Medical Negligence Claims
Of course people who are injured from a medical procedure can be compensated for their pain and suffering but there are other types of compensation that can be sought as well. Such as:
- The psychological impact that a surgery that caused physical injuries could have on you.
- The amount of wages you lost while recovering from the procedure.
- The additional cost of other procedures designed to correct any physical damages caused by the original procedure.
- The cost of your hospitalisation or recovery care.
- Any money that you had to spend out of your pocket to buy medications, medical devices such as bandage materials, and the expense of travelling to and from the appointments.
Proving Losses In Medical Negligence Claims
In order to claim some of the losses that you could be entitled to when you file a claim you will need to have receipts, documentation, and invoices showing the amounts of money that you paid for your care.
You are even entitled to some compensation if the care that you received was performed mainly by family and friends of the family.
What if you signed a Waiver saying you understood the risks associated with the Surgical Procedure?
You may still be entitled to file a claim even if you signed a waiver saying you understood the risks associated with the surgery, or the medications used during the surgery.
A physician is supposed to inform you of any risks associated with any surgical procedure you agree to. They should detail every possible risk, and after they give you these details they are supposed to give you some time to consider them before you sign the form agreeing that you understand the risks.
If your surgeon did not give you the time it takes to consider the risk as they have explained them then they were negligent and you are entitled to compensation for medical negligence.
If the surgeon or nurse explained the procedure, told you about the risk, and handed you the form to sign while they stood there watching you, then they did not provide you with the time to consider the consequences and make the decision to have the surgery without feeling pressured by them to do so.
How Hard Is It To Win A Claim?
It can sometimes be very difficult to prove the extent of the damages you have suffered. A personal injury solicitor that specialises in medical negligence claims will instruct you that some incidences of malpractices are very easy to prove, while other times an expert medical opinion is required to prove that your dissatisfaction is due to negligence not just you not being happy with the surgery you had done.
An experienced solicitor will hear the details of your case and look at the evidence you have for them, and then they will be able to tell you what types of compensation you qualify for.