LTB

Law Textbooks


Medical Negligence

Medical negligence (also known as clinical neglience) refers to inadequate or negligent medical care. This can be anything from inadequate dental care to injuries sustained during surgery or at birth. This means that it applies to doctors, dentists, midwives, and anyone else involved in medical care.

Medical professionals have a duty of care towards their patients. If this duty is not fulfilled and the patient suffers as a result, they may be entitled to compensation. Family members may also be able to claim.

Sometimes, medical negligence doesn’t become apparent until some time after the event. You usually have a period of three years from the discovery of the medical negligence in which to make a claim. In extreme circumstances this may be extended by the court.

One common example of medical negligence is known as ‘wrong site surgery’. This is where an operation is carried out on the wrong part of the body, or when the wrong medication is administered. Even if it is not the ‘fault’ of one particular medical professional (perhaps the system is more to blame), this type of negligence still causes unnecessary harm to the patient and so is grounds for a claim.

Another example is an injury sustained at birth, perhaps if some action taken by a health professional is now seen as unreasonable under the circumstances. A claim can be brought on behalf of the sufferer, for example the infant involved.

As with all types of injury claim, you must seek the advice of a specialist solicitor who can advise you if you have a case.



All content and source © 2008 - 2012 Law Textbooks | Handcrafted by The Floating Frog.