The term “medical procedure errors” can cover practically any medical situation in which a medical professional makes a mistake, and the important thing to consider when claiming compensation for medical procedure errors is that the mistake must have led to a loss, an injury or the avoidable deterioration of an existing condition that was avoidable “at the time and in the circumstances”.
In order to determine that you have suffered an “adverse event” due to the negligence of a medical professional, your solicitor will request access to your medical records. These will be reviewed by an independent medical expert to ascertain whether there is sufficient evidence of negligence to support claims for errors by medical professionals before any legal action is initiated.
Making Claims for Errors by Medical Professionals
Provided that there is sufficient evidence of negligence to support a claim for injury compensation, your solicitor will send a “Letter of Claim” to the party responsible for your care (NHS Trust, GP practise, dental surgery, etc.). The letter will advise the party that you suffered an avoidable injury and explain why it is considered you are entitled to compensation for medical procedure errors.
The party will conduct its own investigation and either admit liability for your injury or contest your claim. When claims for errors by medical professionals are contested, it may be necessary to issue court proceedings. This does not necessarily mean that you will be required to attend a full court hearing, as negotiated settlements are often agreed at the last minute to save on court costs.
Settlements of Compensation for Medical Procedure Errors
Settlements of compensation for medical procedure errors have to take a number of factors into account. The nature and extent of your physical injury is often the primary factor, but claims for errors by medical professionals should also take into account any psychological injury that you have been diagnosed with – especially if the medical professional in question is a psychiatrist.
In the likely event that you have suffered a deterioration in your quality of life, and are unable to pursue pastimes and social activities that would form part of your previous lifestyle, you will also be able to claim compensation for medical procedure errors for your “loss of amenity”. Claims for errors by medical professionals also enable you to recover any costs or loss of income you have experienced.
Time Limit for Making Claims for Errors by Medical Professionals
There is a three-year time limit for making claims for errors by medical professionals, but the time limit does not start until you are diagnosed with an injury – or an avoidable deterioration of an existing condition is identified – that is attributable to the medical professional´s mistake. This date is called the “date of knowledge”.
Despite this fairly long time limit for making compensation claims, you should not delay speaking with a medical negligence solicitor at the first practical opportunity. In many scenarios it can take a considerable amount of time to establish negligence in compensation claims for errors by medical professionals, and to delay seeking legal advice any longer than necessary may exempt you from claiming compensation for medical procedure errors.
Independent Legal Advice about Compensation for Medical Procedure Errors
If you have suffered a loss, an injury or the avoidable deterioration of an existing condition which you believe is attributable to the negligence of a medical professional, you are invited to call our Medical Negligence Advice Bureau and discuss the nature of the medical professional´s error – and its consequences – with a medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about making claims for errors by medical professionals and explain the process for determining negligence as it applies in your specific circumstance. Claiming compensation for medical procedure errors can be a complex and lengthy procedure. Make sure you receive independent legal advice about claiming compensation for medical procedure errors by calling our Medical Negligence Advice Bureau today.