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How to identify medical negligence

When we need care or support from a medical professional, it is often when we are at our most vulnerable. This is why medical negligence can be debilitating, humiliating and dehumanising.

Often the results that occur when professional negligence in a clinical setting occurs can leave us suffering for months, and even years and can sometimes leave us with life-changing conditions.

Learning what medical negligence is can help you understand if you have the foundation for a claim.

What is medical negligence?

Medical negligence is when a medical or healthcare professional deviates from standards within their profession through a negligent act or omission. This often leads to injury or illness that the patient wasn’t previously experiencing prior to this encounter.

Negligence from a medical professional can arise from errors in diagnosis, treatment, aftercare or health management.

Medical negligence refers to the clinical and research activities encompassed within medicine and includes non-surgical treatments.

Examples of medical negligence

Understanding what medical negligence is can be complicated. Here at Davis Blank Furniss, we’ve helped people to make successful claims for medical compensation for decades.

Common examples of medical negligence include:

  • Surgical errors
  • Misdiagnosis
  • Delays in diagnosis
  • Giving inappropriate or incorrect treatment
  • Delays in administering treatment
  • Prescription errors
  • Errors made during pregnancy

What is dental negligence?

Dental negligence refers to the malpractice or omission of adequate treatment by a dental healthcare provider that results in injury or illness.

Examples of dental malpractice

When visiting the dentist we expect to receive a professional treatment whether that be fillings, the removal of teeth or a deep clean. We don’t expect to leave with an injury or condition more severe than the one you arrived with.

Common examples of dental negligence include:

  • False diagnosis
  • Missed diagnosis
  • Careless dental work
  • Poor hygiene resulting in illness or infection
  • Careless anaesthetics use resulting in illness or injury

Identifying if you’ve experienced medical negligence

You should receive a high level of professional care from all healthcare professionals whether you see a private consultant or a professional through the NHS. However, some practitioners can act carelessly or put the needs of others above their patients. This should never happen.

If you feel you’ve received less-than standard care or have been neglected by a medical or dental practitioner, you have a right to claim compensation for any illness, injury or suffering you’ve had to endure due to the lack of care.

Have you ever left a hospital or doctor surgery with a wound left untreated? Have you ever had surgery executed by an incompetent surgeon that has resulted in further, avoidable complications? Have you been left in a ward overnight without being checked on?

If you’ve answered yes to any of these, or feel your experience is in line with this level of inadequacy, then you’ve likely experienced medical negligence.

Is it too late for me to claim?

There are special circumstances that can change the timeframe of when you can claim which is evaluated on a case-by-case basis. However, for adults with capacity to make their own decisions in life, the typical time limit to claim for medical or dental negligence is three years fr

om the date the incident happened or the date you became aware that you have been mistreated, if that is later.

Am I entitled to NHS care if I claim?

NHS logo

Simply, yes. Always. Medical professionals are not allowed to mistreat you or refuse you treatment if you have previously claimed compensation privately or from the NHS.

Can I claim compensation for negligence?

Are you unsure if you’ve been a victim of medical or dental negligence from a healthcare professional? We’ve been helping individuals for over 60 years with the claim for compensation. If you’re not sure if you have a right to claim, call Davis Blank Furniss or email the team directly. Download the Clinical Negligence Claims brochure.

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