Medical negligence occurs where a healthcare professional or healthcare provider may have failed to meet the required standard of care, and this failure caused or contributed to injury or loss.

Not necessarily. An unsuccessful or unexpected treatment outcome does not automatically mean that negligence has occurred. A claim generally requires evidence of a breach of the appropriate standard of care and a link between that breach and the harm suffered.

Claims can potentially involve issues such as misdiagnosis, delayed diagnosis, surgical errors, medication errors, inadequate treatment, failures to monitor, maternity care, and other forms of clinical care, depending on the circumstances.

You may be able to claim if a diagnosis was missed, delayed, or incorrect because the appropriate standard of care was not met, and this caused or contributed to additional injury or loss.

A delayed diagnosis may give rise to a claim where there is evidence that the delay resulted from a breach of the appropriate standard of care and caused additional harm.

Evidence may include medical records, treatment notes, test results, prescriptions, correspondence, photographs where relevant, witness information, and independent medical or expert evidence.

Medical records are often an important part of a clinical negligence investigation. They can help establish what treatment was provided, when it was provided, and the circumstances surrounding the alleged negligence.

Independent expert evidence may be required to assess whether the appropriate standard of care was met and whether any breach caused or contributed to your injury. The type of expert required will depend on the circumstances of the claim.

You may be able to claim if an error involving prescribing, dispensing, administering, or monitoring medication caused injury and the relevant standard of care was not met.

Potentially. Surgical negligence claims can involve issues such as errors during an operation, inadequate treatment, failure to obtain appropriate consent, or post-operative problems, depending on the circumstances and available evidence.

Potentially. Claims can arise from issues involving pregnancy, labour, delivery, or postnatal care where the required standard of care may not have been met and harm resulted.

Yes, depending on the circumstances. Where an injury has long-term consequences, the claim may need to consider ongoing treatment, rehabilitation, care, loss of earnings, and other future losses.

Depending on the circumstances, you may be able to claim certain financial losses resulting from the injury. These may include loss of earnings, treatment costs, travel expenses, and other losses that can be properly established.

If negligence is disputed, the available medical evidence will need to be carefully considered. Independent expert evidence may be required to assess both the standard of care and whether the alleged breach caused the injury.

Clinical negligence claims are generally subject to a three-year limitation period, usually running from the date of the alleged negligence or, where applicable, the later date of knowledge. There are important exceptions, including circumstances involving children and people who lack capacity.

Potentially. In some circumstances, the limitation period may run from a later date of knowledge rather than the date of the treatment itself. The specific circumstances should be reviewed as soon as possible.

A claim may be possible on behalf of a child where the legal requirements are met. The limitation rules for children differ from those that generally apply to adults.

Not necessarily. Claims may be resolved through investigation, correspondence, and negotiation. Court proceedings may become necessary if liability or the value of the claim cannot be resolved.

Medical negligence claims can take time to resolve because medical records, expert evidence, causation, prognosis, and financial losses may need to be investigated. More complex claims can take longer than straightforward personal injury claims.

MYM Solicitors can assess your circumstances, review relevant evidence, assist with obtaining appropriate medical evidence, consider liability and causation, assess your losses, deal with the relevant healthcare provider or insurer, negotiate where appropriate, and assist with court proceedings if required.