Medical professionals, by virtue of their training and the trust you put in them and their expertise, owe you a duty of care.
When they fail to deliver this, you may be able to make a claim for medical negligence and secure compensation that may go some way to helping and supporting you get your life back on track.
What is medical negligence?
Also known as medical malpractice or a clinical negligence claim, medical negligence is substandard care that’s been provided by a medical professional to a patient which has directly caused injury, or caused an existing condition to get worse. There are several ways that medical negligence could happen such as misdiagnosis, incorrect treatment, or mistakes during surgery.
Our team of specialist personal injury solicitors have been successful in winning medical negligence claims and supporting clients across Scotland for more than 30 years. We can help you secure the justice and the compensation you deserve, providing expert, jargon-free legal advice that will help you achieve the best possible outcome.
How is medical negligence proved?
The test for medical negligence is high and difficult to meet. Doctors and nurses are only human, after all, and we all make mistakes. For something to constitute negligence, it must go beyond a mistake.
The law states that to establish negligence, the health practitioner involved must be ‘guilty of such failure as no doctor of ordinary skill would be guilty of if acting with ordinary care.’ Essentially, the failure must be one that no competent clinician in that field would have made. A failure to meet the gold standard of care does not amount to negligence.
You must be able to prove, with the support of assigned independent medical experts, that:
1) there is a usual and normal practice;
2) the person criticised has not adopted that practice, and
3) that the course adopted is one which no professional would have taken if acting with ordinary care.
In medical negligence cases, there are often many factors that contribute to the injury. This is where your medical records are crucial. Where there are several possible causes of injury, a solicitor must prove that it was the negligent act being claimed for that was the cause or significantly contributed to your injury. When solicitors try to prove medical negligence, they will look at several factors, such as whether your own actions contributed to your ill health, or the number of doctors involved in your care, to name a few.
FAQs
We understand that suffering from medical negligence can be traumatising and making a claim for compensation might seem daunting. However, winning compensation for someone else’s negligence can play an important role in getting your life back on track, enabling you to access any further medical treatment or rehabilitation you need, adjust your home and lifestyle, and offsetting any loss in income over the short or long term.
We might ask for some information to help process your claim. Don’t worry if you don’t have everything at first – there might be other ways that we can get the details:
• Your medical records
• The name and address of the hospital, health board, or surgery that was responsible for your accident
• Names and contact details of any witnesses to your treatment
• If possible, photographs of your injuries and details of the treatment you received
We can help you secure the resources you need, whether that means further medical treatment, financial compensation, or both. We provide a comprehensive accident claims service, including operating on a no win, no fee basis. We have helped many victims and their families throughout the claims process and are ready to support you at this difficult time.
Our experienced team are on hand to guide you every step of the way, and we will be sure to handle your circumstances with the utmost sensitivity.
You have three years from the date of your injury to start a claim, or the date when you first became aware that your injury was the result of negligence. Clinical negligence cases can take a very long time, so acting quickly will improve your chances of a successful claim.
After you start the claim process, how long it will take is entirely dependent on your circumstances. Unfortunately, medical negligence cases can be very complex. The investigation of these claims can take anything from several months to several years, even before court proceedings are raised. Once a court action is then up and running, it can take several more years before a settlement is achieved or a decision made by the court.
Compensation is based on the extent of your injuries and other factors such as any loss of earnings because of the negligence you suffered. There are other more specific losses that can be claimed for in some cases, such as disadvantage on the labour market and pension losses. Separate expert reports from an employment consultant or an actuary will be required in these situations.
If your family members helped care for you due to your injuries, this is factored into the compensation amount.
We will make every effort to understand the effects of the accident to get you the compensation you deserve.
Why choose Gildeas Solicitors?
We understand the importance of keeping you up to date throughout all stages of the claims process. Our dedicated New Claims hotline is based in Glasgow, meaning we can respond to you more quickly.
By choosing Gildeas, you benefit from access to our In-House Counsel of topline legal professionals. We’re committed to providing you with only the highest standard of legal representation.
We’re experts in personal injury law. Our solicitors are accredited specialists in personal injury by the Law Society of Scotland, the regulatory body for lawyers.
As a modern firm, we understand how hectic life can be, especially after an accident. Our streamlined claims process means we can correspond in a way that suits you – whether it’s by phone or email, video link, or by visiting you at home or in hospital.
CONTACT USNo matter the circumstances of your accident, we’ll act quickly to make sure your compensation claim is as hassle-free as possible. If you’re interested in making a compensation claim for an accident in a public place, reach out to us today for a confidential discussion.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal. Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
