Medical injury

 

There are many different types of injury, different ways they may be caused and different people that can be liable in personal injury. Medical negligence is a large and fairly specialist area of personal injury and many law firms undertake only medical negligence work.

A medical negligence claim arises when a doctor or other medical practitioner breaches their duty of care to their patient, who is injured as a result of the breach. The injury could be anything from unexpected results, longer recovery period or subsequent unplanned re-admission to hospital and is therefore slightly different to other claims for personal injury.

Medical negligence claims can be difficult to prove as receiving a medical injury as a result of treatment (or lack of), does not necessarily mean that the medical practitioner failed to act with reasonable care and skill. Further to this, the law does allow for differences of medical opinion, so just because another doctor would have done it differently, does not mean you will have a successful personal injury claim.

A medical injury can result in large compensation payments for claimants as well as loss of public faith in the NHS. As a result of this the solicitors that represent defendants are usually very experienced and the claimant will also need experienced medical negligence solicitors.

Where the breach of duty is by a medical practitioner employed by the NHS, the NHS will be vicariously liable for its employee’s breach of duty. This means that the claimant will usually choose to sue the NHS for damages arising from the injury.

If you would like to obtain legal advice on personal injury, medical negligence or a related subject, Caven can put you in touch with a local specialist medical negligence solicitor free of charge.  So, if you have any questions or would like our help in finding local medical negligence solicitors please call us on 08001 221 2299 or complete the web-form above.

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