The vast majority of medical procedures in the UK are successful. However, in a minority of cases, the medical professional makes a mistake. In a portion of those cases, the mistake is consequential for the patient, and could even amount to negligence.
Understanding Your Rights as a Patient
Under UK law, doctors owe a duty of care to the patient. Patients also enjoy a number of specific rights under the NHS constitution, including the right to refuse treatment, and to access their medical records, and correct any factual inaccuracies. You also have the right to prevent your confidential information from being used for purposes other than your care and treatment.
Identifying Potential Errors in Medical Treatment
In some cases, medical errors are obvious, such as operating on the wrong body part or leaving a surgical instrument inside a patient. In others, they’re less apparent, like a subtle misdiagnosis or incorrect dosage that leads to a gradual decline in health. Having the right legal expertise on your side will help to spot the signs of potential error, whether it’s a surgical mistake, a prescription error, or a failure to diagnose a condition in a timely manner.
An experienced attorney can meticulously review medical records, consult with experts, and assess whether any problems with your treatment have met the threshold for negligence. They can help you understand your rights and options, guiding you through the complex legal process to seek compensation for the harm caused. This support is crucial in ensuring that you or your loved one receives justice and that similar errors are prevented in the future.
Taking Legal Action: What Are Your Options?
For a medical professional or organization to be found guilty of medical negligence, it must be demonstrated that the standard of treatment provided fell significantly below what would be expected from a competent member of the profession under similar circumstances.
This can include errors in diagnosis, improper treatment, or failure to follow up with necessary care. If you believe you’ve been a victim of such an error, your first step should be to initiate a formal complaint with the healthcare provider involved—whether it’s the NHS or a private entity. This allows them an opportunity to address the issue internally.
If you’re not satisfied with their response, or if the matter is particularly serious, you may then consider consulting a solicitor who specializes in medical negligence law. They can help you evaluate your case, gather necessary evidence, and guide you through the legal process of pursuing a claim, ensuring your rights are protected and that you receive appropriate compensation for any harm suffered.
A&E Errors and Emergency Care Mistakes
There are certain areas of medicine where mistakes are more likely. This includes the Accident and Emergency department, where decisions are being made under pressure and at a fast pace. A&E negligence claims often demand more evidence than other medical claims because the claimant’s side needs to demonstrate that the standard of care has fallen beneath that which would have been provided by a competent member of the profession in the same environment.
Since even competent members of the profession make mistakes when under pressure, the mistake will need to be more severe in order for negligence to be established, medical negligence law is extremely well-established, and thus, a good solicitor will be able to determine at the outset whether a claim is likely to succeed, and proceed on a no-win, no-fee basis.
