Types Of Medical Negligence And How You Can Claim Them
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.
Causality:
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.
