Claim for Medical Negligence
When to claim compensation for medical negligence.
At Davis Blank Furniss we have helped people to make successful claims for compensation since 1877. If you feel like you or a loved one may have a claim for medical negligence, we can help assess if it is fair and reasonable for you to go ahead.
When we need medical or health services for whatever reason we all have a right to the highest level of care available. This is true for both NHS and private care.
All medical staff have responsibility over the health and wellbeing of their patients. Many sign the Hippocratic Oath to uphold professional medical standards at the beginning of their service. So you should be able to expect a high level of care no matter where you are treated.
When a high level of care is not provided, it can be classed as medical negligence. But what does this really mean?
You do not expect to arrive at a hospital and leave with a wound left untreated. You do not expect to be left in a ward over night, and never checked on. And you do not expect to leave with an illness more serious than that which you came with. These are just some examples of medical negligence, which occurs when medical professionals fail to give you or a loved one an available chance to be in good health.
How is medical negligence found?
At times it is possible to feel like you should not put in a claim, as you may feel a certain duty, or respect for the professional involved. But if medical negligence has taken place it is important to identify this for the sake of your own health and for others, and there are many measures in place to ensure the legitimacy of claims.
The typical rule to assess medical negligence cases is known as the Bolam Test, which takes its name from a famous legal case in 1957, Bolam v Friern Hospital Management Committee. From the case came a general principle still used to assess medical negligence, in a few words it means: “If a doctor reaches the standard of a responsible body of medical opinion, the doctor is not negligent.”
This means that legal proceedings involve a team of medical professionals. They assess the standard of care provided, aiming to discover any negligence, to make sure all hospitals practice at a high standard.
So if you or a loved one in your care have experienced medical negligence, get in touch with Davis Blank Furniss. We will listen to your story, we will assess your claim, we will talk you through the proceedings, and we can help you to get the compensation you deserve.