Can I claim?

test-picOn of the most frequently asked questions is Can I Claim? The answer is more often less clear cut than most would like.  If you feel you have received substandard treatment by a medical practitioner then it may be that you have a claim for compensation.

Contact us today on 0800 012 5880 and ask to speak to our Specialist Medical Negligence Solicitors.  They can discuss with you the treatment you received and injury you feel you have sustained.

As the treatments we are able to receive in the modern world are both complex and life changing it is often difficult for patients to determine whether the treatment received was the right treatment or negligent treatment.  Some of the reason for this is that we place our trust in practitioners and do not feel in a position to question either their ability or resultant treatment.  It is without doubt however that most of the time, and far more often than not, the treatment is of the highest of standards and practitioners deserve praise for the work they have undertaken.  However on occasion things do go wrong, for many number of reasons, and patients are entitled to medical negligence compensation when this occurs.

Medical Negligence Claims are founded on the basis of common law of negligence and breach of duty.  The case of Bolam v Friern HMC in 1957 sets out what is now known as the Bolam Test which basically considers the treatment in line with what would be considered reasonable by any other reasonable practitioner with the appropriate expertise.

A simple example of this is misdiagnosis of a fractured arm.  In order to diagnose a fractured arm an x-ray needs to be taken and considered.  It may be that the treating practitioner fails to notice the fracture and it is left untreated for a period of time.  As pain continues a further practitioner considers the same x-ray and notices the fracture which was clearly present on the first consideration.  What is then considered is how this affected the recovery of the patient, i.e higher risk of arthritis for example at the fracture point.

If you are unsure as to whether the treatment you received was of a reasonable standard you should consult a specialist medical negligence solicitor.   Call us today free on 0800 012 5880 for a no obligation consultation. Alternatively text “Simply” to 07883504919 or complete the form to the top left of this page.