Fonseca Law Solicitors


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Clinical negligence - The personal injury people fear

Medical surgeon

Most personal injuries are a result of accidents at work, on the road or trips and slips and many are hard to avoid, but the majority of clinical negligence claims aren't due to accidents, rather they're a result of clinical errors or a doctor's incompetence. While clinical studies have proved that medical treatments are safe, many people fear clinical negligence because it can leave them with disorders or disfigurements.

Fortunately clinical negligence claims are less common than road accidents or trips and slips, but the results can be as equally catastrophic. When you enter hospital, doctors and other medical professionals such as nurses have a legal duty to care for you; after all, you are trusting them with your well-being. Medical professionals are legally required to provide you with an acceptable level of care and protect you from harm.

When your medical treatment is below this acceptable threshold and you suffer as a result, you may be entitled to compensation. If you have suffered pain and/or loss of earnings due to medical negligence you may be eligible to make a claim. You can also make a claim if you've had to fund the cost of any care as a result of clinical negligence.

What entails clinical negligence?

There are many forms of medical malpractice and the only way to make sure you’re able to claim is to speak with qualified solicitors such as ourselves. Nevertheless, common clinical negligence claims involve:

  • Poorly set broken bones
  • Death as a result of medical error
  • Death or serious complications due to a delay in diagnosis
  • Misdiagnosis that leads to a more serious illness or death
  • Removal of wrong organ or limb during surgery
  • Surgical objects being left inside a patient after surgery

While clinical negligence is rare, it does happen and unfortunately there have been cases in the South Wales area. One example saw a woman diagnosed with a calf strain by GP when a few days later it was actually discovered to be DVT (Deep Vein Thrombosis), while in another case a man had both kidneys removed instead of one.

How to make a clinical negligence claim

If you suspect that you've suffered as a result of clinical negligence, there are a number of important aspects you’ll need to prove. Firstly you’ll have to prove that a doctor has committed a serious error that no other competent doctor would have made. Secondly, you’ll have to provide evidence that this error resulted in the injury you’re claiming for.

Claiming for clinical negligence can be more complicated than other forms of personal injury (such as road traffic accidents) due to the complexity of the law and establishing liability. Nevertheless, here at Fonseca Law we have the legal knowhow to advise you on your legal position. If you've suffered less than satisfactory medical care, don’t suffer in silence! Contact us today and we’ll tell you if you can get compensation.