When you undergo medical treatment the last thing you want to think about is the possibility of medical accidents. It must be stressed that the vast majority of operations performed in the UK are successful. However, medical accidents do occur and the consequences can be serious.
It is common knowledge that medical treatment brings associated risks. Complications cannot always be avoided. Your doctor or surgeon will generally warn you about serious risks and you must consent to the possibility that such risks could eventuate. However, this does not mean that you are unable to recover compensation in the event of something going wrong.
A medical accident may occur due to treatment, or the failure to treat appropriately. Common incidents that liable for compensation include misdiagnosis and surgical errors. Others include not getting your consent to treatment or not warning you about the risks of a particular type of treatment.
Under the law, you may be able to claim compensation if it can be proved that the treatment you received was negligent - meaning the standard of care fell below the standard generally accepted to be reasonable for that area of medicine. This is difficult to establish due to the fact that medical opinion will often differ, and it is a valid defence if it can be shown that the treatment was in accordance with the views of 'a responsible body of medical opinion'. Generally, expert witnesses and experts will need to give evidence.
Claiming compensation for medical accidents is further complicated because even if you can show that the standard of care was negligent, you must still prove that the negligence actually caused the injury and that it did not arise from the illness itself. If you wish to make a compensation claim for harm suffered from medical treatment it is imperative to seek specialist advice.
Alternatives to compensation can include requesting disciplinary action against a healthcare professional or requesting an apology.
If you would like to obtain legal advice on medical accidents, or about compensation, then Caven can put you in touch with a local specialist personal injury solicitor free of charge. So if you have any questions or would like our help in finding local personal injury solicitors please call us at 08001 221 2299 or complete the web-form above.
- Last Updated on 02/03/2010