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Clinical Negligence

Legal Knowledge (3)>Healthcare (1)>Clinical Negligence (1)

About this section

Clinical or medical negligence is the term used to describe in instance where a patient has been harmed because they did not receive the proper standard of care.

This includes actions such as:

Surgical mistakes
Misdiagnosis or delayed diagnosis
Performing a procedure without consent
Giving incorrect treatment or even failing to warn the patient of the potential risks or side effects of treatment

The Medical Protection Society estimates that outstanding medical negligence claims against the health service amount to approximately £3bn.

A doctor is required by governing body the General Medical Council to inform a patient when a treatment has gone wrong.

If you have been injured during medical treatment, you should ensure you receive the necessary treatment to put the injury right. You may wish to get a second opinion or be referred to another hospital or clinic.

You should get a detailed explanation from the medical staff concerned about the treatment you received. You might wish to make a formal complaint using the internal complaints procedure within the organisation. Put your complaint in writing, date it, and keep a copy for your records. You should aim to make your complaint within six months of the injury occurring.

You might wish to get a copy of your medical records to assist with your complaint. You are entitled to access your records by law under the Data Protection Act 1998. You can simply ask your GP, surgery staff or health authority if you can inspect the records. However, people are advised to apply in writing through a letter sent by recorded delivery, including any required payments and the required proof of identity.

Although by law the hospital or surgery has 40 days to respond to a request in writing, you should receive a response no later than 21 days after your application was received. The cost of obtaining your medical records is £10 for information held in a computerised format and £50 for manual records.

It is important to keep a detailed record of everything that happens during and after your medical treatment if you are considering legal action over clinical negligence. It helps to have details of the extra costs you have had to pay as a result, including loss of earnings. You shoudl also keep photographs of injuries and notes on your state of health. Consult a solicitor for further advice.

Articles in this Category

05/12/2008	Clinical Negligence Case Studies
	3 examples of medical negligence including surgical error, misdiagnosis and negligence
	Read More >>>

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