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Medical negligence, also known as clinical negligence, is when a person has been given care below the expected standard. If you have suffered an injury, illness or other adverse outcome due to healthcare professionals failing to give you the appropriate care, then you may have a claim for medical negligence.
Medical negligence is a three-part test whereby a duty of professional care is owed to a patient and as a consequence of a breach of that duty, the patient suffers harm.
Medical negligence can happen in any sort of healthcare related institution whether it be publicly or privately whether you get your healthcare privately or through the NHS. It can relate to treatment from all types of healthcare professionals such as dentists, surgeons, a GP, a care home worker, a nurse, a physiotherapist or any medical professional who owes you a duty of care.
You can make a medical negligence claim when a doctor, nurse or other healthcare professional has made a serious and inexcusable mistake, and that mistake has caused harm. It is also called clinical negligence, or medical malpractice. Without medical and legal training it can be hard to know if you have a claim, because not all mistakes are serious enough to sue a doctor or nurse. To get compensation, you need to prove: –
- The treatment you received was so poor that no other healthcare professional would consider it acceptable or reasonable. This is legally termed as ‘negligence’; and
- That this treatment caused significant injury or harm. This is called ‘causation’.
You will therefore be entitled to compensation for your injures and financial losses if you can prove both these points.
Sometimes treatment is unsuccessful. But this does not necessarily mean it was negligent.
Why should I claim compensation?
Your injuries may require treatment that need to be paid for; or your injuries may force you to take time off work, resulting in loss of earnings. In the case of a serious work injury, it may have ruined your prospects of a future or dream job.
By making a workplace accident claim, we will get you compensation that pays you for what you lost financially.Also, a claim against your employer will highlight how your accident happened and make them aware of this so they can take the steps to prevent such a situation from happening to other employees.
How long after my work accident can I still claim?
Your injuries may require treatment that need to be paid for; or your injuries may force you to take time off work, resulting in loss of earnings. In the case of a serious work injury, it may have ruined your prospects of a future or dream job. By making a workplace accident claim, we will get you compensation that pays you for what you lost financially.Also, a claim against your employer will highlight how your accident happened and make them aware of this so they can take the steps to prevent such a situation from happening to other employees.
How long after my accident can I still claim?
Usually you have up to 3 years from when the accident occurred to make a claim.
For industrial disease claims, you have 3 years from when you realise that your symptoms are caused by a work-related illness, or when it is discovered by a medical expert.
How much compensation will I get?
There are many factors that determine how much compensation you will get, such as:
• what part(s) of the body you have injured
• the severity of the injury
• how long it will take to fully recover
• any loss of earnings
• payment for treatment
• and more…
Every case is different so we cannot say upfront how much compensation you are due.
Do I need to go to court?
Only 5% of cases we handle go to trial. The court is seen as a last resort when neither side can come to an agreement on liability (the fault of the accident), or settlement offer, or other.
We will always try to do everything we can to settle a case before it reaches the court. In the event it does reach the court, we will fully support and prepare you for this.
What is NO WIN, NO FEE?
It is an agreement that we will only charge for our service if we help you win your case. In the reverse, this also means that you will not have to pay us for our time if your claim is unsuccessful. The majority of personal injury claims we take on will be on a no win, no fee policy. This will be made clear to you when you bring your claim to us.
The no win, no fee system makes us affordable to all because there are no upfront costs to pay. Simply pick up the phone, tell us about the accident and we will assess whether we can help you with your claim or not.
At Driscoll Kingston Solicitors we can help you claim compensation for an injury which happened at work. Whether you were working as a full or part time employee, a self-employed contractor or a casual or temporary worker you are entitled to claim compensation. Every employer is required by law to have Employers Liability Insurance in place to cover employees involved in accidents at work. The compensation is usually brought against the Employer’s Liability Insurance company not the employer directly.
Driscoll Kingston Solicitors have a team of experts in this area who will guide and support you through the claims process. We understand that it can often be difficult to consider pursuing a claim for compensation from your employer and can feel intimidating even though you are entitled to claim compensation. Let us assist you through this complex procedure. Call us today and speak to one of our specialist solicitors who will explain the claims process and advise you on how successful your work accident claim will be. Driscoll Kingston Solicitors act on a no win no fee basis where possible, 98% of our Accident at Work Claims are on a no win no fee basis which means there is no financial risk to you.