The definition of medical negligence is an ‘act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice‘. If a doctor or nurses care falls below the expected standard, their actions may be considered negligent. It would have to be proved that the medical professional did something wrong or failed to meet their duty.
Examples of medical negligence:
- Misdiagnosis or failure to diagnose
- Incorrect treatment, which leads to an adverse affect on the patient and their condition
- Being prescribed incorrect medication
- Failure to give you the standard of care expected.
The duty of a medical professional must not fall below the standard that would be expected of a reasonably competent doctor. It needs to be seen that a body of doctors would have acted in the same or similar manner, when treating the patient in question.
Inherent risks of treatment are normally not considered to be negligent, as they are simply a risk you agree to in order to receive that medical care. The risks and complications would have been present, regardless of the actions taken by the medical professional.
If you have suffered no loss, a claim for medical negligence is unlikely to be successful. It is not easy to win a medical negligence claim, as it can sometimes be difficult to determine the negligence of the medical professional. It can be initially difficult to fully determine the injury from the outset and doctors may not be able to make a full diagnosis, this does not mean their actions are negligent.
To claim compensation, you must be able to prove that there has been a mistake which has caused you undue pain, suffering and further complication than would initially be expected. It would be helpful to have evidence of the injury you suffered, so any photographs or x-rays would be helpful in supporting your claim.
For FREE advice about making a claim for medical negligence, give us a call on our free helpline on 0800 634 75 75.
References
- http://en.wikipedia.org/wiki/Medical_negligence
