Medical Negligence NHS Scotland – Medical Negligence in Scotland can occur when a healthcare practitioner fails to give adequate care and attention, which causes injury or death to their patient. If you or someone you know has been harmed due to medical negligence, it may be possible to make a claim against the NHS through our expert Medical Negligence Solicitors in Scotland team of lawyers. Fill out the contact form provided or call us directly on 0141 280 1112 today to learn more about how we can help you receive the compensation you deserve and require following your accident or medical mistake.
You may be wondering what to do if you or someone you know has been injured by medical malpractice. Your not alone: Scotland’s NHS has one of the worst incidences of medical malpractice in the UK. While this page does not cover every aspect of making a claim against the NHS, it does include information on how to begin and links to other resources that might assist you.
What is medical negligence?
Medical negligence occurs when a patient is harmed by a doctor’s or other healthcare professional’s mistakes. Injury Solicitors can help you make an injury claim if you have suffered as a result of medical negligence. Medical negligence cases can be complicated, but there are specialists in Scotland who can help you. Contact us today for more information about making a medical negligence claim in Scotland.
Medical Negligence solicitors in Edinburgh
Medical negligence NHS Scotland claims in Edinburgh against the NHS are being made every day due to the NHS’s liability. An broad network of medical negligence solicitors in Edinburgh can assist you with your claim. Contact us to take advantage of our network of injury lawyers throughout Scotland.
Expert legal advice from medical negligence solicitors in Glasgow
For those who have been injured or harmed by someone else’s negligence. We have an expert legal team devoted to assisting them in obtaining justice. Experts will help you determine what compensation is possible, whether via the courts or mediation.
Why choose us?
We are a medical negligence legal firm specialising in claim against NHS Scotland medical negligence cases. This includes misdiagnosis of critical illnesses and treatment of minor illnesses by NHS hospitals. Medical negligence in hospitals can happen and it can be very difficult to deal with when it does. You need someone you can trust on your side, so call us today!
Do I have a claim?
Contact one of our Medical Negligence Solicitors in Scotland today to discuss your options. Simply fill out our online enquiry form and we will respond within an hour. We will provide you free legal advice, answer your questions, and establish if you have a claim.
Our legal team
Your legal team includes a personal injury solicitor and legal professionals who fight to get you compensated for your losses. You can sue for medical malpractice in Scotland if you have been misdiagnosed. Contact us today for more information about making a claim.
Medical negligence NHS Scotland compensation payouts
According to the Freedom of Information (Scotland) Act 2002, 876 persons in Scotland received compensation from NHS hospitals or physicians for negligence or clinical errors. In about one-third of these cases patients were awarded between £1,000 and £25,000. In more than a third of cases no award was made, but over two-thirds were for less than £1,000.
How long do NHS compensation claims take?
Depending on the facts, a medical malpractice claim may take between 12 and 18 months to resolve.
Medical negligence NHS Scotland complaints handling procedure
When making a complaint to NHS Scotland, it is important to keep all relevant documents such as medical notes and correspondence. You should also provide as much detail as possible in relation to your complaints. This will help your case, enabling medical negligence solicitors scotland to build up a clear picture of what has occurred and make sure they are addressing all issues.
Medical negligence Scotland time limits
Under Scottish law, if you have suffered a personal injury due to medical negligence, you must make your claim within three years of when you sustained your injury. However, there are some exceptions to these time limits. Under ‘statute barred claims’ in Scotland (for example breach of contract or misrepresentation) it is possible for an injured party to bring their case at any time within six years.
How do I make a claim against NHS Scotland?
Medical negligence is a term used to describe instances where medical professionals have failed to carry out a duty of care in treating you or someone else. Injuries resulting from medical negligence include infections, missed cancer diagnoses and misdiagnosis, surgery errors and delays in treatment. We can help you bring a claim against NHS Scotland if you have been injured due to medical negligence. We are open 24 hours a day ready to assist you and secure you the compensation you deserve.Read More
Medical Negligence Scotland – How to Claim Medical Negligence Compensation in Scotland? The first step is to file a claim within 3 years of the injury or 2 years after the discovery of the damage.
Medical negligence is when a medical practitioner provides subpar treatment to a patient, causing damage or worsening an existing condition. Misdiagnosis, inappropriate therapy, and surgical errors are all examples of medical negligence.
What is classed as Medical Negligence?
Medical negligence is when a medical practitioner provides subpar treatment to a patient, causing damage or worsening an existing condition. Misdiagnosis, inappropriate therapy, and surgical errors are all examples of medical negligence.
It is important to know that not all injuries sustained in a hospital are due to medical negligence. The victim must show a ‘breach of duty’ caused their damage. Many cases of Medical Negligence Personal Injury Compensation are difficult to establish.
What is the average payout for medical negligence UK?
Depending on the circumstances, medical negligence payouts might range from £1,000 to millions of pounds. According to NHS Resolution, the average medical negligence payout in the UK is £50,000.
A personal injury claim can come from a variety of causes, including medical malpractice. Medical negligence can lead to pain and suffering in many different ways. It may have caused injuries, diseases, or prolonged hospitalisation. Legal compensation requires proof that someone was at fault and their actions directly caused your current position.
What can you claim for medical negligence?
Medical negligence claims can be complex and difficult, so get advice from a solicitor first. Injuries or distress caused by medical malpractice may be eligible for financial compensation. For free legal advice and information on your claim, call our helpline at 0141 2801112 or fill out our online contact form.
Here are a few:
Error or delayed diagnosis
Errors in dental work
Negligence in a care home
Birth related injuries
How long does it take to settle a negligence claim?
Depending on the circumstances, settling a medical negligence claim might take up to 18 months. Even when there are similarities, complexities and objections occur.
Most negligence cases are settled out of court. If you’re dealing with a larger organisation, it can take longer to reach an agreement than if you’re dealing with individuals. When seeking legal advice on medical negligence compensation claims in Scotland, patients should search for professionals who have won high-value cases.
How do I sue NHS Scotland?
You can complain in writing, via phone, email, in person, or online. Complain to the NHS board responsible for the service.
You may be eligible to compensation if you were injured by NHS care. Our expert solicitors can help you claim against NHS Scotland when they have failed to carry out adequate care.
How successful are medical negligence claims?
As you may already know, Scots law is based on strict liability for professionals and companies. Those who are hurt at work and want compensation must establish that their damage was caused by someone else’s negligence.
How long does it take to receive an offer of compensation?
If you have been injured by a medical professional, you should contact Hamilton Douglas Legal immediately. Hamilton Douglas Legal will ensure you obtain a settlement offer from your insurance within 3 months of filing your claim. However these times can vary depending on the insurer.
Suing the NHS for negligence
Some people are reluctant to sue the NHS. After all, the NHS is a beloved UK institution that does great work. But keep in mind that everyone has a right to adequate healthcare. Your legal right to sue the NHS for medical misconduct and negligence. Suing the NHS will also help identify bad areas of healthcare, preventing others from making the same error.
How long does the average NHS clinical negligence claim take?
It’s hard to predict how long a medical malpractice or negligence claim will take because no two cases are alike. A typical settlement takes two to three years. Complex clinical negligence lawsuits involving substantial harm and loss might take years to settle.
Is it common for the NHS to settle claims without going to court?
Most NHS medical negligence cases are resolved out of court, so you won’t have to deal with the stress of a trial. A medical attorney can defend you in court if you sue the NHS.
How do I start a medical negligence claim?
The first step is to contact us. If you or a loved one has suffered due to medical malpractice, Hamilton Douglas Legal may be able to assist. It is very important that you get professional advice before making any legal moves; while there are strict time limits for making a medical negligence claim, starting one without expert guidance could cause your claim to fail.
At Hamilton Douglas Legal, we have vast experience of representing victims in personal injury compensation claims following medical negligence. Our personal injury solicitors have a proven track record of securing successful results for our clients, with over 75% of our cases achieving compensation awards.Read More
Visiting the dentist for a routine procedure can turn into a nightmare due to dental malpractice or negligence. You may be able to sue your dentist for dental nerve damage claim if you receive such a treatment.
Dental nerve damage is not always caused by malpractice, but by negligence. A dentist may accidentally hit a nerve while giving a shot or damage a nerve after filling due to negligence. In any case, you can always make a claim for compensation because it was not your fault and a devastating result of your treatment.
Causes of Dental Nerve Damage Claim
The duty of care and responsibility owed by dentists is the same as any other profession. If there is negligence, anything can go wrong, making the dentist responsible. Among the most common causes of dental nerve damage claims are:
- Damage to dental nerve during tooth extraction
- Injury caused to dental nerve from root canal treatment
- Dental implants causing a nerve damage
- Dental nerve damage after tooth fillings
- Nerve damage after wisdom teeth removal, this could be due to the inferior alveolar nerve damage.
- Wisdom tooth extractions
- Temporary filling
- Infected tooth
- Root canal therapy
- Treating teeth
- Attempting to save the tooth
All of the above treatments should not cause long-term pain or suffering, nor should they cause permanent or temporary nerve damage. Accidents caused by medical negligence are easily compensable if you have all the medical records for the treatment received.
Can Dental nerve damage heal?
Most people wonder if a damaged dental nerve will heal or what the symptoms of nerve damage are. Yes, it can heal, but it will take a lot of visits to the dentist, resulting in extra costs and loss of earnings. Please contact our solicitors if you lose sensation in your gums, lose taste, or have difficulty eating or speaking long after a dental procedure.
How much compensation for a dental nerve damage?
The amount of compensation you may receive depends on your treatment as well as the general and special damages. A dental implant can cause a nerve injury resulting in a compensation for up to £30000. Our solicitors can advise you further on nerve damage settlements in Scotland. For more precise figures, use our compensation calculator.
The key is to prove your dentist’s breach of duty and negligence under medical negligence law. Dental nerve damage compensation claims vary depending on a dentist’s negligence liability. Once you have all the medical records necessary to prove you received a specific treatment that caused an injury, you should make a claim for all treatment costs and lost earnings. Please read the following article to identify the common causes of dental negligence.
Dental negligence Solicitors in Scotland
With Hamilton Douglas, you can make a claim now with the best solicitors in Scotland on a No Win No Fee Basis. It’s our job to make sure you get the compensation you deserve. Hamilton Douglas Legal can help you with information on compensation pay outs in Scotland. Call us at the number provided or use WhatsApp to contact our solicitors for free legal advice.Read More
Types of medical negligence
Within every 36 hours, NHS handles the treatment of 1 million people. If we compare the 2014-2015 to from one decade ago, there has been a 45% increase in the number of operations held by NHS. On the other hand, the A&E department measured about 25% increase of patients with a total number of 20 million admissions. During this time span, there were 50 million hospital admissions total.
NHS Medical Negligence
NHS has had a good image for providing appropriate and efficient healthcare services among 10 countries over the years. In 2014, the department was regarded as the top healthcare system for patient care and security. However, as the influx of patients arrived, it was inevitable to have some complaints as the system was unable to handle this huge burden.
When the healthcare system comes under the influence of errors and miscalculations, they make mistakes that impact the patient’s quality of life. In such a case, help and support should be provided to the patient to safeguard them from further damage. Medical negligence cases have been added to the list of personal injury claims. So people can claim their loss and get compensation for it.
Medical negligence can not only cause physical damage, but it can affect a patient’s mental condition as well. Anyone who goes under therapy is under a lot of pressure already. When there is a failure in the provision of appropriate medical supervision, patients go under mental trauma as well as physical injury. In Scotland, no win no fee medical negligence services are available, saving claimants money.
In this blog, we will explore some types of medical negligence. We will also discuss how to effectively make a claim and receive compensation. Read ahead to find out all about medical negligence cases in Scotland.
What is medical negligence
A medical clinical injury claim is when a medical practitioner or healthcare provider fails to give proper treatment and you suffer an injury as a result.
Medical negligence occurs when a doctor or healthcare professional breaches their duty of care to a patient and causes injury. If you think you’ve suffered from medical malpractice, it’s important to get legal advice as soon as possible.
Misdiagnosis for medical negligence claims
Failure of proper diagnosis can lead to delayed treatment and unnecessary suffering. It can result in the severity of disease and even death. Incorrect diagnoses might lead to a drastically different treatment approach, which can exacerbate the condition. According to a Daily Telegraph report, one in six patients treated by the NHS or GPs are misdiagnosed.
Medical misdiagnosis falls into two kinds. One is where the disease remains undiagnosed despite performing laboratory and radio logical tests. The second case is when the illness is misdiagnosed. Both carry life-threatening risks, as the healthcare provider will be unable to provide appropriate treatment, leading to negative health effects.
Delayed Diagnosis for medical negligence claims
A delayed diagnosis, like a misdiagnosis, can impair the patient’s health. Delayed diagnosis conditions are less severe since the doctor gives proper therapy later. However, the delay in treatment can contribute to worsening symptoms and severity of the disease.
For a delayed diagnosis to qualify as medical negligence, the attending doctor should have assessed you with incompetence, such that some other doctor would have done a better job. For example, your symptoms may point out to a certain disease, but the doctor did not order a test for it. Even if they had the tests done but were unable to interpret the disease from those tests, you can still claim a medical negligence case.
Medical negligence and malpractice
A failure to treat happens when the doctor is able to diagnose the disease correctly but is unable to provide an effective treatment plan. This may be due to malpractice or lack of knowledge, which may lead to a significant health threat.
Provision of wrong treatment means taking a huge risk with the underlying condition of the patient. For example, a type 1 diabetic requires insulin injections but if the doctor gives tablets and suggests lifestyle changes, it may not work for them. These situations usually occur when doctors are treating multiple patients at a time. Some of these doctors are not diligent and fail to provide their patients with a basic standard of care. In such a case, you can make a medical negligence claim.
Liability Of Medical Devices:
In some malpractice cases, medical professionals are not the only ones liable. For example, if the medical professional uses a faulty or poorly designed medical device on a patient, they along with the supplier of the product is responsible.
Patients who go through surgeries that require passage of a certain device in their body like angioplasty balloons, IVC filters, and stents etc. are likely to come across this situation. If these devices fail to provide the promised result due to their faulty manufacturing, they can cause harmful effects.
For example, the breakage of an IVC filter and its release in the bloodstream can result in worsening of the medical condition. If you believe that the medical professional and manufacturers were incompetent in the identification of this liability, you can submit a medical negligence claim.
Examples of medical negligence
Most UK doctors do successful procedures, but errors can occur. The government has adopted the phrase “Never events” for surgical errors that should never occur. These situations are so dangerous that there is no room for such negligence.
From April 1 to October 31, 2015, a count of never occurrences was kept. During this time span, 190 never incidents were recorded. In 79 cases, the procedure was conducted on the incorrect side of the patient. In 49 cases, a foreign item was found within the patient. These are just two types of surgical negligence incidents. Others include:
- Surgery performed on the wrong patient
- Performing the wrong procedure
- Perforation of organs
- Operation on the wrong body part
- Scarring or disfigurement as a result of cosmetic surgery
- Infections because of not following appropriate antiseptic measures
Errors In Prescription or Medication Dose:
Every day, hundreds of prescriptions are written and dispensed in the UK. Whereas most of them are correct, some of them contain errors. Every medication has side effects in addition to its indications. Doctors need to be extra cautious while prescribing medications, as a wrong dose or formula of medication can bring serious consequences. These can range from a small allergic reaction or digestive problems to brain damage, psychological illness and even death.
Some commonly performed medical negligence related to medication involve incorrect dose, longer or shorter periods prescribed for antibiotics. Sometimes, doctors do not realise that there is a certain component in the medicine that their patient may be allergic to. It is also one of the kinds of medical negligence that can cause patients serious damage.
Wrong Medical Advice:
Most medical procedures require pre-procedure and post-procedure protocols followed before and after the procedure to ensure patient’s safety. If the doctor or medical professional fails to advise the patient of them, it can lead to serious consequences. A doctor should inform you about the dangers and side effects of the surgery you are about to undergo.
This information allows the patient to make an informed decision, keeping all the possible lifestyle and health changes they will experience after the procedure. If your healthcare system fails to do this, and you end up with injuries or damages, you can make a medical negligence claim. This also applies to dental claims and misdiagnosis.
Pregnancy And Birth Injuries:
Around 2012, there were 694,241 births in England alone. Most of these deliveries are trouble-free, but other situations grow more problematic. Even the tiniest error during the delivery of a baby can have devastating results.
Birth injuries include any damage to the mother or child. They can occur during pregnancy, labour, or even after birth. You can submit a claim for some types of birth injuries.
Injuries that occur during pregnancy include maternal or gestational diabetes, uterine rupture, placental abruption and pre-eclampsia. In some cases, the medical professional fails to perform an effective vasectomy or inform parents that their child would be born with disabilities. Wrongful birth situations are eligible for medical negligence claims.
The baby may develop cerebral palsy, second or third-degree tears, brachial plexus injuries or episiotomy during labour. Congenital hip dysplasia is a common injury that happens as a result of medical negligence. In such cases, reach out to the best no win no fee solicitors to submit your claim to the relevant authorities.
Establish Three Core Elements For A Successful Claim:
If you wish to present a successful claim, you need to be aware of these core elements:
A Duty Of Care:
You need some evidence to prove that your particular GP or healthcare professional was in charge of caring for your health needs. They had a duty towards you, which they failed to fulfil. This should be your go-to claim.
Breach Of Duty:
This means that the treatment you received was not in line with the specified standard of care. It fell below the excepted level set for a group of medical professionals practising procedures/patient care. Breach of duty occurs when you are not provided with the treatment you deserved.
Prove your injury with physical evidence or eyewitnesses who were present at the time of injury. Keep in mind that you can’t gain enough just by proving that someone did something wrong and performed a certain kind of negligence. So carry enough evidence with you to ensure appropriate compensation.
Medical Negligence Claims Don’t Apply To The NHS Only:
Medical negligence is not only limited to the National Health Service. Most people use this term as synonymous with Healthcare. However, they don’t realise that healthcare includes private physiotherapy clinics, dental care and cosmetic surgeries as well.
While NHS in the UK has a workforce of 80 million, ranking as one of the five largest in the world. It does not mean that medical negligence claims only apply to this department. Any sector in the medical profession can perform clinical negligence of different grades and severity.
Time Duration To Make A Medical Negligence Claim:
There is a limitation of time for the submission of a medical negligence case. Do not wait for longer than three years if you have had an encounter with such an incident. This applies to different typed of medical negligence claims.
This time duration is measured from the day you became a victim of medical negligence or injury. However, there are some exceptions to the three-year rule. Some cases are special and hence, the law is not strict for all victims of personal injuries.
These exclusions exist for children who have been injured by the medical staff’s incompetence. The three-year rule applies to children from the day they turn eighteen. Time begins after regaining the capacity of a victim who is unable to administer their affairs due to mental negligence or other relevant reasons.
However, we do not recommend avoiding a medical negligence claim just because it’s too late. Even if three years have passed since the incident, solicitors may still be able to help you. Your case may have certain elements that make it strong enough to pass for a medical injury compensation. So submit your claim today with the help of Hamilton Douglas Claims.
Medical negligence solicitors Scotland
If you were unfortunate to have experienced any type of medical negligence claim, you can hire a personal injury solicitor to forward your claim to the relevant authorities. Compensation for workplace injuries as well as medical negligence can be obtained by getting services from Hamilton Douglas Legal. Hire a solicitor from our expert panel of personal injury lawyers. They will fight your case and put in all the effort to ensure you receive maximum compensation for your injuries.Read More
What are the Causes of Dental Malpractice and Root Canal?
Since every field is prone to human error and malpractice, dental malpractice root canal occurs with a relatively lower frequency than others but its pain and suffering can be devastating for the patient.
Representing only 7% of medical malpractice, dental malpractice can result in long term injuries and fatalities in case of severe dental negligence. The most worrisome of these practices are wrong tooth treatments in the case of root canals. Although dental malpractice root canal is usually due to technical errors, however, it may also reflect dental negligence.
Dental malpractice explained
Before a dental professional can perform professionally, he or she must fulfill various legal tasks and obligations. In the case of each patient, this includes adhering to a set of standards and principles. A specified procedure should be followed all through the process, from running tests to making a diagnosis to finally treating the patient. This is to eliminate any chance of error and safeguard the patient from receiving the incorrect treatment.
If there is any breach of standards, it is part of dental malpractice. It may not always be part of a mistaken therapy or diagnosis, but it can be fatal, as cases across the United Kingdom demonstrate. In the majority of malpractice and wrongful tooth cases, the patient has to endure a lot of pain and suffering.
So, how do we deal with dental malpractice?
The answer lies in understanding basic dental laws, which provide complete protection to a patient while ensuring a high standard of healthcare. It is responsible for holding dentists accountable for any malpractice or negligence on their part. A patient can always pursue legal action for an injury or mistreatment if there is sufficient evidence pointing to dental malpractice causing the same injury or incorrect tooth treatment.
Causes of Dental Malpractice
Dental malpractice can occur for a variety of reasons. A similar pattern follows in many of these cases, pointing to a lack of training, knowledge, and experience on the part of the dentist. There are many dental malpractice reports where dentists are acting inappropriately, particularly cases of dental malpractice involving the wrong tooth root canal. The following are some of the most common reasons for pursuing legal action against a dentist:
- Incorrect diagnosis as a result of false positive results or even technical mistakes
- Failure to refer to a specialist when the case is beyond the scope of a dentist’s expertise, resulting in mistreatment.
- Wrong treatment period calculation and, in some cases, delayed treatment
- Incorrect tooth diagnosis and treatment, such as a wrong tooth root canal.
- Failure to adhere to the standard treatment protocol, as well as failure to properly treat a damaged tooth.
- Incorrect surgical procedure
- Applying the incorrect process
Dental malpractice root canal with wrong tooth
A root canal is an excellent way to keep a natural tooth from falling out. However, if not done correctly or with care, nerve damage occurs, and the possibility of tooth loss exists. There have been numerous reports of dental malpractices involving wrong tooth root canal treatment, in which, due to a misdiagnosis, root canal treatment is performed on the wrong tooth rather than the actual tooth that requires it.
Performing a treatment even when there is no need for a root canal. One of the most common dental mistakes is performing a root canal when a simple filling could save the tooth, resulting in nerve damage and tooth loss.
During a root canal is a procedure, the dentist must ensure that the nerve canal is sealed only to the apex of the root during a root canal procedure. Otherwise, there is a risk of re-infection and tooth loss. There is a high risk of infection and nerve or sinus damage if the sealing material is too long and incorrectly placed past the apex.
Is dentist responsible for failed root canal?
This can be avoided if proper x-rays are taken and analyzed before deciding on the procedure and ensuring proper nerve placement. Failure to recommend x-rays prior to treatment ia part of dental malpractice. Filling the outside root area by mistake or incorrectly identifying the nerve occurs as a result of failing to follow the prescribed protocols, and no patient should ever have to go through this.
Sometimes Wrong tooth root canals are not always the result of negligence on the part of the dentist, but can also occur on the part of the patient. It is dangerous to your dentist if you do not provide accurate information. For example, pointing out the uninfected tooth or even asking the dentist to perform a root canal procedure when it is not required may result in the procedure being performed on the wrong tooth or without the need for it. This may result in a personal injury.
A root canal procedure that affects an adjacent tooth, such as infecting another tooth with the procedure or simply causing damage to other teeth during treatment, is a clear indication that the dentist did not comply with the standards and you can make a claim under this category.
Causes of wrong tooth treatment
The majority of cases of incorrect tooth treatment are due to technical errors, which explains why, in some cases, even the most trained individuals perform a root canal on the incorrect tooth. If, for example, the rubber dam was not correctly placed, resulting in the wrong tooth root canal, you can still make a claim as a technical error but does not constitute negligence on the part of the dentist.
A dentist’s judgement may sometimes cause incorrect tooth treatment seen in cases where two dentists’ opinions contradict the diagnosis and treatment plan, which is subject to a rightful claim. Dental negligence refers to failing to review a patient’s previous dental records and history. Because the patient’s entire case is not thoroughly investigated, this could be considered dental malpractice.
Wrong tooth treatment claims can also arise when a patient claims that there was no proper consent prior to treatment of a specific tooth, or when patients continue to experience symptoms and pain after treatment. Patients are frequently misinformed about their condition, and they may question the motivation behind the treatment, resulting in a false tooth treatment claim.
Who is responsible for a failed root canal?
When it comes to the technical reasons for incorrect tooth treatment, there are several instances where technical errors are typically the reasons for incorrect tooth treatment and the leading cause of dental malpractice related to a wrong tooth root canal. Here are a few examples:
An incorrect diagnosis by looking at dental records and dental history.
Lack of skill and concentration on the part of the dentist or the technical staff
Improper placement of the Rubber dam, resulting in incorrect tooth treatment
Technical flaws that prevent the issue from being identified
Among other common consequences of these technical errors are:
Root canal on wrong tooth or wrong tooth extraction.
Trying to restore a tooth instead of extracting it
Incorrect incision wrong tooth incision
Surgical extraction causing infection due to faulty equipment
Crown placement malpractice.
Errors due to wrong interpretation by the dentist due to a referral.
Legal Issues related to wrong tooth treatment
Because the patient may avoid all legal aspects of the claim, wrong tooth treatments do not always receive compensation. Perhaps the dentist did not provide the appropriate treatment as documented in the dental record.
A patient may avoid filing a dental malpractice claim due to a lack of documentation or even a lack of understanding of the process. When dealing with dental malpractice or medical negligence, there are a number of details to present to the patient.
Some basic details include:
- The dental work plan a dentist provides or referrals in case of multiple dentists.
- Receipt of the patient’s consent for a specific treatment on a specific tooth.
- Actions of a dentist after completion of the treatment (in case of wrong tooth treatment).
- Any record of specialist referrals in case a dentist does not refer which could have avoided the injury.
- Complete dental records and history of the patient
- Procedures by the dentist as means of correction.
- The result of the originally performed treatment
- Result of the corrective treatment
Evidence required for a dental malpractice root canal claim
Wrong tooth claims can also arise from a patient’s perception of the treatment being incorrect or from any malpractice involved; however, these can only be defended and justified if complete records are available. Among these records are:
- Lab reports
- Treatment plan
- Dental history
- Dentist’s diagnosis
How can we assist you?
You can sue a dentist for mistreatment only if you can prove mistreatment or incorrect tooth treatment. One must demonstrate that the treatment caused serious or long-term injuries, owing to dental negligence. Refusal to treat a tooth because of technical errors is a common occurrence.
In the case of incorrect tooth root canal claims, lengthy paperwork, medical reports and a large amount of documentation may be necessary. When proving these types of cases, a person must go through a series of tests. Such cases typically necessitate expert testimony as well as professional opinions from qualified experts.
A successful dental malpractice case requires proof of the dentist’s actions causing harm or confusion, and proof of minimum standards breach. Multiple professional opinions that all lead to the same conclusion can help you get ahead of your case early on.
Remember that in case of breach of standards, other qualified professionals’ standards must be compared before deciding. To avoid all of this stress, you may require professional assistance with a dental negligence claim.
Best dental malpractice root canal solicitors
If not handled correctly, these types of dental malpractice cases can become very complicated. This is where Our Company can help. You can rely on Hamilton Douglas to assist you in receiving appropriate dental care and treatment that is up to standard; if not, you can claim your money as well as a substantial claim.
We understand the agony that a root canal can cause, especially where there is dental malpractice. As a result, we place a higher priority on patient compensation. If you suffer an injury during treatment or due to dental malpractice, we will assist you to claim for compensation. Read further on dental nerve claim for more information.
For our clients to receive the maximum compensation benefits, we handle all cases on a No Win No Fee basis. To help you get through this difficult time, our experts will thoroughly investigate your case. Contact us today for a free assessment of your claim.Read More
Medical professionals go through years of training and put in all the effort in making sure the patient gets the best level of treatment that they can. But the medical field is unpredictable and risky. And sometimes, things go wrong.
There are many reasons why things go wrong, such as misdiagnoses, delays, misunderstandings, etc. Things can stand at a razor’s edge in the medical field, and medical negligence like this can lead to severe impairment and even death.
This is why victims of medical negligence can make compensation claims. But if you are medically impaired or don’t understand how the legal aspect of claims works, then it can be hard to navigate.
This is why we’ve put together a list of 10 essential things that you need to know when it comes to medical negligence claims.
Let’s take a look at how medical negligence is defined legally
The circumstances of medical negligence occur when the medical standards set by the governing medical body are not met. ‘Standard of care’ refers to the level of medical attention deemed necessary to be given to a patient during treatment. If that standard is not met, then medical negligence can occur in many forms and can result in injury or otherwise damage to health.
If the standard of care is not met, then the patient can file a compensation claim. Like any other claim, evidence is required in the case of submission.
Why you should hire a good solicitor
In important cases where medical negligence is involved, it is best to obtain the legal services of a lawyer that has experience in dealing with medical negligence compensation claims. A good lawyer will guide you through all the legal procedures and steps and will make sure that you understand all your options.
No need to go to court
With all the help, knowledge, and proof that you would have, you would most likely not need to worry about going all the way to court. Financial settlements are quite common.
There is a time limit that applies when reporting a medical negligence
The law in the UK states that medical negligence claims must be submitted within three years since the knowledge of negligence is obtained. But it isn’t fully restrictive. There are many exceptions that, depending upon the circumstances of the case, might mitigate or extend the time limit.
You can claim against any medical professional
It doesn’t really matter where the negligence comes from, whether it’s a nurse, a surgeon, dentist, whoever they are, if they make errors in your medical treatment and/or do not meet the required standards or medical care, they can be held responsible and you can submit a negligence claim against them.
Funding the case
Legal aid may fund any medical negligence claims but that isn’t always the case. You can also relieve the financial burden by signing a no win no fee agreement that will help you through the process of the claim.
Proving your claim
The key to any claims case is to have evidence. Physical evidence that can be properly analysed. Which is why you need to make sure to gather all kinds of evidence to present to the court
Copies of all transcripts and records are essential.
Strengthening your proof
Reports and notes must back all proof that you will be submitting, that your solicitor must get from your doctor, as is your legal right.
How long it may take for a medical negligence claim to go through
Medical negligence cases aren’t simple. There are so many complicated factors involved that need to be considered. But it should be expected that such cases go on for months, years even. And that you are in it for the long haul.
Medical negligence cases are technical in nature, and as such, there needs to be a medical expert who can shed light on the medical aspects of any case.
If you have been through the unfortunate circumstance of medical negligence, then making a claim is important. And knowledge about making such claims is even more critical.
Life is the most important thing, and if you feel as though there has been negligence or mishap in your treatment, contact HD Claims now. Our lawyers are here to help you navigate your medical negligence claims. Our lawyers are the best at dealing with personal injury claims in Glasgow.Read More
Medical Negligence Lawyers Scotland – Helping Patients And Their Families – Medical Negligence is an unfortunate, but common occurrence around the world. Thousands of people die every year at the hands of medical negligence. Others face lifetime disabilities or serious injuries as well.
You can take legal action against the National Health Services (NHS) for Medical Negligence Claim. Legal issues and actions are always better when taken with the help of solicitors. Law firms in the UK have specialised solicitors who deal with medical negligence cases. These cases include accidental death, internal organ failure, loss of limbs, brain damage among others.
Scotland has recently seen a huge rise in medical negligence claim cases. To prevent such medical negligence, healthcare providers need to work with extreme caution.
Medical Negligence Lawyers Scotland
Medical negligence in Scotland covers any act or omission by a professional health care worker that causes some sort of harm or loss. These solicitors are trained to handle medical negligence claims and cases. Their experience of hundreds of other similar cases enhances their ability to put out a better fight for your case.
It is always easier to build up a strong case when it comes to serious medical negligence cases. This is why it is advisable to seek help from solicitors that specialise in medical negligence. Medical negligence lawyers will make sure that the entire legal process goes smooth and transparent. Their main role is to protect the interests of their clients who have been a victim of medical practitioner errors.
Many solicitors have taken on a number of cases relating to Medical Negligence. They also offer their services to victims of birth injuries and those involved in accidents. They also help the families of those who have lost a loved one as a result of Medical Negligence. These are some of the most common cases that they handle.
What Constitutes A Good Medical Negligence Lawyers Scotland ?
A good Medical Negligence solicitor has to be very competent. They should have great communication skills and know how to handle different situations. They should also be able to give examples showing the victim of negligence to be innocent. The Solicitors should know how to deal with difficult situations. These services may include cross-examination by medical practitioners. Sometimes, medical practitioners tend to avoid answering questions directly. The situation becomes tense and any wrong move could result in a compromise of evidence.
Healthcare providers may feel ashamed to admit any mishaps in a case involving medical negligence. Thus, they tend to use ‘off the record’ excuses for withholding information. Some doctors even refuse to take part in a case, citing either a lack of time or a lack of interest. This makes it difficult for the victim or their family to receive fair compensation.
There are many professional lawyers who deal with these cases. They can be called on for advice at any hour of the day or night, and many of them work independently. There are many solicitors who have vast experience representing victims of Medical Negligence. This helps victims and their families to identify their rights and seek justice.
Implications Of Medical Negligence
Medical Negligence can have many implications for the victims and their families. These include:
- Financial loss
- Medical treatment that is inappropriate or ineffective
- Suffering caused by delays or complications during medical treatment.
If a medical practitioner is guilty of this negligence, they must pay compensation to the victims and their families. It is important to contact doctors immediately when you start experiencing medical problems. This way, you can get effective treatment in time and avoid any further complications.
Medical negligence can also lead to many reasons for fatalities. Major vital organs of the human body sometimes go unchecked after an accident or mishap. However, their functionality inside has already been breached. Lack of symptoms or no signs of any changes often misleads the medical staff. However, it is their duty to conduct proper examinations and checks to ensure everything’s fine. Any lapse of survey or checkup can damage a person’s health. This is how medical negligence may lead to someone’s death.
Time limits for making an injury claim
While you have 3 years under Scottish Law to notify the negligent party of your medical negligence claim, we encourage you to notify them as soon as possible. Why wait? Contact us today to start your claim.
Medical Negligence Scotland No Win No Fee
No Win No Fee implies that if we don’t win your case, you don’t pay a penny — as long as you follow the process exactly. If your case is successful, we will take a small amount as agreed upon at the beginning of your claim.
How we assist you after a Medical Negligence
In order to make a claim for compensation, you must do it within three years after the accident. We guarantee not to charge you a fee if your case is lost, our network of solicitors at HD Claims share the risk of your case. So if you have suffered an accident and are unsure what to do after a car accident in Scotland, get in touch with our legal team today by calling 0141 2801112 or filling out our online contact form.
Can I make a claim?
We can help you make a successful compensation claim if your medical negligence accident occurred within the last three years, was not your fault, and left you injured.
CONTACT HAMILTON DOUGLAS TO START YOUR CLAIM
If you have suffered a medical negligence within the last three years and sustained an injury that was not your fault, you may be able to make a claim for compensation. Our network of solicitors work on a No Win No Fee basis, which means you won’t have to pay anything up front if you decide to make a claim with us. You can reach out to us at any time using the phone or WhatsApp number provided below. We are open 24 hours a day, seven days a week.Read More
Medical Negligence Lawyers Glasgow – In case of medical negligence, a person is entitled to submit a claim to attain financial reimbursement. It is not possible to deal with these situations yourself unless you are well-versed in this area. Legal matters are not an easy task to deal with. They need expert advice and assistance. Therefore, it is recommended that you get in touch with an esteemed law firm to get your case defended. Lawyers good at their jobs would ensure you are given a justified settlement. If you are looking for personal injury lawyers in Glasgow, we have a team of expert lawyers to help assist you.
With the right set of advice, you will surely make the right decision for your family and yourself. Here are some crucial points that one must keep in mind before you begin to submit your claim.
Steps To Make a Medical Negligence Claim
If you have been a victim of medical negligence and plan to make a claim, you must know the basics of the entire process. What you need to do is that first, you should get associated with professional legal counsel. After choosing your personal injury solicitors, you submit a claim. All the paperwork and everything else will be taken care of by your lawyers. When you have made a claim, you move on to gathering sufficient evidence about your improper treatment to make your case strong. After that, you will most likely be offered a settlement because these cases hardly ever make it to court.
Causes of Medical Negligence in Glasgow
It is pretty standard in Scotland for people to make medical negligence claims. These claims arise when a patient is subjected to the health of professional delinquency by a doctor or the medical staff. It could either be their carelessness to help the patient in the recovery process or general incompetence in taking care of them. If you are a complainant submitting a claim, you need to prove that you were provided with substandard healthcare and were not taken good care of. IF you suffer from any adverse health condition, you must be able to prove that it is entirely due to their negligence and would not have happened to you otherwise.
Time Duration For Making A Claim
There is a time limit for a patient to submit a negligence claim. For the claim to be legitimate, it must be within three years when the problem first occurred. If the claim is brought to court after this period, it won’t be acceptable per British Law. There are, however, some situations where exceptions can be made, and periods may vary.
The Right Legal Assistance
It is essential to be extremely thorough when choosing a personal injury solicitor. A competent lawyer will guide you best according to the situation and present you with the best suitable options. The lawyer should be well qualified and a specialist in medical negligence claims. They should possess all the related knowledge on the situation that they are courting. The finest solicitor will assist you with the proper legal counsel and help you settle the case with appropriate compensation. They will direct you during the whole process and make sure it gets resolved.
Skip The Trial
People believe that the complainant needs to meet with the jury and then head to trial in medical negligence cases. It is a common misunderstanding about such allegations. You need to know that there is no going to jury involved in these cases. Not just that, most of these issues are resolved by both parties by settling without needing to go to court. Mostly, defendants make a cash proposal themselves which is either accepted or negotiated by the offended party. Keep in mind that you should not settle for less and make sure you are fairly compensated.
As a victim of medical negligence, our experienced group of lawyers at HD Claims can help you out and get through it. With the right set of legal counsel, we will be able to resolve your case before you know it. So if you reside in the UK and are dealing with the scenario mentioned above, we can assist you in the best possible way.
Medical Negligence Lawyers Glasgow
Make a claim with the best network of solicitors in Scotland with Hamilton Douglas. It’s our job to ensure you get compensated. Hamilton Douglas Legal can assist with compensation claims in Scotland. For free legal advice, call us at the number provided or use WhatsApp to get in touch.Read More
10 Things You Should Know About Medical Negligence Claims – Medical negligence is defined as poor treatment or care given by a medical professional to a patient that results in injuries, diseases, difficult conditions, or even death. Medical negligence includes providing incorrect diagnoses, administering incorrect medications, delaying treatment, performing incorrect emergency room procedures, and more.
If you have been harmed by clinical negligence, you can file a claim for financial compensation. However, these claims are seemingly complicated, and you cannot deal with legal matters unless you’re well-versed in the subject. To ensure you claim your rightful compensation, you should contact a professional law firm. Our professional team of lawyers has vast experience in dealing with medical negligence in Scotland and the surrounding regions.
With the right help and advice, you can make the correct decision for yourself and your family. Here we have listed ten 10 Things You Should Know About Medical Negligence Claims:
The Legal Matters And Definitions
Medical negligence claims are pretty common in the UK. Medical or clinical negligence happens when a patient submits a claim against their doctor, or the staff, for monetary compensation because they demonstrated negligence or carelessness in the treatment process. In order to prove that your treatment was inadequate, you must have all proof to show that it caused your illness.
The Time Limits For Submitting A Medical Negligence Claim
Under Scottish law, a patient has three years from the date of discovery to file a medical negligence claim. However, there are some instances where the time limit can differ. These exceptions include cases where the loved ones of the deceased weren’t in their right mental capacity at the time of the mishap, children under the age of eighteen, or when the victim has died and their family members pick up the case later on. There are certainly other cases as well where the judges may accept exceptions, but this happens rarely.
Finding The Right Legal Help
When faced with such a situation, it is extremely vital to get in touch with a professional medical negligence solicitor. Solicitors must be extremely skilled and knowledgeable in their line of business. An appropriate lawyer will take you through the entire process, from obtaining legal advice to settling your claim.
Trials Are Very Rare
Contrary to popular belief, you will not have to go to trial for injury or medical negligence claims. You won’t have to face a jury in these matters, and most clinical negligence claims are settled without a trial. Mostly, the defendants will offer a financial settlement themselves to finish off the matter. However, you shouldn’t fully rule out going to court, depending on the specifics of your case.
Medical Negligence Claims Aren’t Always Against NHS Doctors
Another myth that surrounds the medical negligence claims is that you can only claim when shown carelessness by an NHS staff. This is wrong, as any medical professionals and health practitioners are answerable if you have evidence about their negligence. Dentists, surgeons, cosmetic doctors, private clinics, and even eye doctors can be brought to court.
How To Pay For It
There are only a few cases where legal aid is provided in medical negligence cases. However, mostly it’s not and the claimants mostly choose to fund their claims by signing for law firms that offer no win any fee agreements, also known as conditional fee agreements.
You Need Concrete Evidence
In order to be able to submit a claim, and be successful in winning the monetary compensation, you must have all the physical shreds of evidence required to get your case going. Make sure you note down everything and keep records of whatever you go through, including the little things. Expert medical prescriptions, opinions, correspondence, records, and all kinds of notes will make the work of your solicitor easy and strengthen the likelihood of getting you your deserved money.
Get Extra Proof
To get additional proof, your lawyer can contact the medical professional who treated you and request them for all the medical records and anything else that is important for your claim.
The Time It Might Take
You need to maintain patience in medical negligence claims. It’s highly unlikely to get your monetary compensation within a few months. The process that goes to a trial might take around 3 years and sometimes even longer settle. The longevity of the claim mainly depends on how the defendant is responding.
Medical Witnesses Are Important
Without a medical witness, your case will most likely fail. In most cases, medical witnesses are asked for their expert opinion. Their professional views and advice help determine that the act can be deemed as negligence or not.
When encountered with any such accident, know that you’re entitled to compensation, but it’s only possible if you get in touch with a sound solicitor, who can guide you through the whole process. It is also important that you acquire as much knowledge as you can about medical negligence claims before starting the process so that you make the right decisions.
Medical Negligence Claim Calculator
Use our online calculator to estimate an approximate valuation of your claim.
Medical Negligence No Win No Fee
Any accident suffered during the last 3 years may be eligible for compensation. We handle all claims on a No Win No Fee basis. This protects all our clients from unexpected solicitor fees. You only pay a percentage from your compensation if your claim is successful.Read More
5 Causes of Medical Negligence Claims – Scotland boasts one of the world’s best healthcare systems, with the Scottish government consistently strengthening it. Despite all this care, the NHS budgets billions of pounds each year to cover medical malpractice claims.
When you are sick or injured, you go to a trustworthy medical practitioner for treatment. You go to the hospital expecting the doctors and medical staff to work entirely in your best interests and fix all your problems. This is true in most cases, however, there are a few instances where negligence prevails. Every year, thousands of doctors and technicians end up doing more harm than good to their patients.
If you or a loved one has been harmed or injured by a medical professional’s negligence. Contact Hamilton Douglas Legal to speak with the best medical malpractice lawyers in Glasgow. Our expert legal team understands the complexities and sensitivity of claim cases and how to get you the compensation you deserve.
Speaking of medical negligence, there are various factors that cause such accidents. Let’s shed light on some of the most prominent ones.
Delays In Treatment
Despite the NHS’s efforts to improve protocols and reduce waiting times, there are still many cases that are delayed. These delayed cases are one of the most leading causes of medical negligence claims. Not tending to an ill patient, or delaying treatment of any patient leads to exacerbation of their already bad condition. Consequently, the condition worsens, and in some cases, there are fatalities as well. There are several accounts of individuals having to wait weeks or months for surgery for highly painful diseases. Moreover, delays are also witnessed in maternity wards. Surprisingly, the maternity wards account for almost half of the total medical negligence claims. Delays in medical care can be detrimental to the patient’s health.
However, despite progress, some hospitals and clinics lack current technology and skilled doctors. Many individuals select these hospitals because they charge less than fully financed facilities. After a misdiagnosis, a patient may have to wait a lengthy period for a proper diagnosis and treatment. Incorrectly diagnosed illnesses will obstruct the healing process, causing more issues than solutions.There has been a rich profusion of misdiagnosis cases in the UK, where doctors and technicians could not determine the root cause of the problem, or when they did, it was too late.
Misdiagnosis not only endangers a patient’s life but also also affects their mental health, causing worry and anxiety. But even the most seasoned and skilled doctors make these mistakes due to busy schedules and multi-tasking.
Prescribing The Wrong Medicines
Another most common cause of medical negligence is medication errors, something that should NEVER happen. It was common to give patients too many medications or the wrong medicine. All of these factors can cause problems. The doctor may have doubled or tripled the painkiller dosage, causing serious conditions and even death. All this comes under the negligence of the medical staff.
Mistakes Made In The Emergency Wards Or Anesthesia Errors
When patients go into an emergency room or are going through a treatment that requires taking anesthesia, the medical staff needs to have all the medical records of the patient, and take great care in every step they take. A subtle mistake in administering the amount of anesthesia can lead to severe health issues and even fatalities. Similarly, wrong emergency room procedures can cause devastating results. Unfortunately, this factor has been prevalent in the hospitals and clinics of the UK as well.
It’s safe to say that any error occurring on the operating table is always unintentional. These mistakes are always regarded as negligence. There are abundant cases where surgical instruments were left in the body before stitching it up, or the surgeons mistakenly operated on the wrong area.
All the above-mentioned cases are quite common in the UK. If you or someone you know has suffered because of someone else’s negligence, you may be eligible to make a claim and receive compensation. Get in touch with us to get a free consultation on all the legal matters and get the best service on a no win no fee basis.
Medical negligence NHS Scotland
A high standard of care must be maintained at all times by NHS Scotland’s medical staff, however there have been cases of carelessness. If you have been harmed as a result of the negligence of a member of the NHS, you may be eligible for financial compensation.
Medical Negligence Scotland No Win No Fee
No Win No Fee implies that if we don’t win your case, you don’t pay a penny. If your case is successful, we will take a small amount as agreed upon at the beginning of your claim.
NHS Scotland compensation payouts
Determining medical negligence injury without professional review is difficult. When you contact us, a claims advisor will listen to your case and explain your options. They could seek legal advice to assess your medical negligence claim. Call us today for free advice and to start the claims process. You may be able to make a No Win No Fee claim today.
Medical Negligence Compensation Calculator
Our compensation calculator does not cover all probable injuries from a medical negligence injury. Call today for a free case review. Also, keep in mind that these are average compensation estimates. If you win your case, you may not receive the exact amount.
Start your medical negligence claim with Hamilton Douglas Legal
Looking to claim your compensation for a medical negligence accident? Contact HD claims Legal and start your claim today.Read More