Clinical Negligence: The most common types of medical negligence you can claim compensation for in the UK
Clinical negligence: discover what clinical negligence actually is and the most common types of medical accident that can give rise to claims for personal injury in the UK.
What is a clinical negligence claim for compensation?
To understand what a “clinical negligence claim” is we must look at the meaning of each word in turn.
“Clinical” – this refers to the medical and dental professions. It includes doctors, consultants, nurses, the NHS, dentists, the ambulance service etc.
“Negligence” – for example: in the medical profession this means that a doctor acted with skill at a lower standard than that to normally be expected of a doctor.
When it comes to diagnosis – a doctor must show that he acted in accordance with a respected group of medical thought to avoid being negligent. It does not mean that he has to have acted with the only group of medical thought as there are likely to be several.
“Claim” – this can be a claim for compensation for personal injury, financial loss or both.
So a “clinical negligence claim” is a claim for compensation for mistakes made by the medical and dental professions.
The term “medical negligence” was originally used before “clinical negligence” and is still often used to mean “clinical negligence” even though, strictly speaking, it does not include dental negligence.
What are the different types of clinical negligence you can claim compensation for in the UK?
There are many different types of clinical negligence you can claim compensation for including:
1. Birth Injury
Compensation can be claimed for a child born disabled due to incorrect administering of drugs to the mother prior to birth or due to an error made during the birth itself.
2. Hospital negligence
There are many mistakes that a hospital can make that can lead to injury. For example – if you went into surgery with a failing kidney and by mistake the hospital removed your healthy kidney you are entitled to compensation.
I have even known cases where surgical instruments have even been found in a patient’s body – left by mistake after an operation.
3. Dental negligence
For example – a dentist who misinterprets your x rays leading to a healthy tooth being removed.
4. Negligent medical advice
For example – if a doctor does not warn you correctly about the risks of an operation and something goes wrong you may be entitled to compensation. Had you known the real risk of the operation you may not have consented to it taking place.
5. Negligence nursing
Nurses are as much a part of the medical profession as doctors so their mistakes can equally lead you to having a claim for compensation.
6. Negligence in the NHS
For example – an ambulance is called in a medical emergency, but takes so long to arrive that a patient suffers significant injury. The ambulance service is seen as an extension of the NHS.
A case in 1991 saw an asthma sufferer receive brain damage, because an ambulance took so long to arrive.
7. Negligent diagnosis
For example – in one case a mother was told by mistake that her child had died causing her to suffer post traumatic shock.
8. Sterilisation failure/ failed abortion
A compensation claim can be made for the birth of a child that was not planned. Had the sterilisation or alternatively an abortion been performed correctly the a child would not have been born.
If you are operated on without giving consent – your person is invaded which is known as battery for which you are entitled to claim compensation.
You now know the most common types of clinical negligence you can claim compensation for in the UK.
As soon as you suspect you have suffered personal injury due to medical negligence there are some important steps you should take.
Click clinical negligence medical claim to find out what you should do if you suspect you have suffered injury as a result of clinical negligence and wish to make a compensation claim.