Medical Negligence Claims
As your local accident claim experts, we can help you make a personal injury claim.
If you have received substandard medical care, it may be possible to raise a claim for medical negligence. If you have suffered injury or illness as a result of this, we understand that this can be both devastating and life-changing.
At The McKinstry Company, we are highly experienced in dealing with these matters. Our sensitive approach, tailored to you and your needs, will allow us to establish if you have a claim and – if so – pursue it. We are tireless in our approach, fighting your corner to ensure that justice is served.
To discuss your circumstances, contact us on 01465 915021 or complete our online contact form. We’re here to help.
What is Medical Negligence?
Doctors and medical professionals, owe a duty of care towards patients. If they fail in this duty, there may be a potential claim that can be made for medical negligence.
The Legal Tests
The legal test for medical negligence is long established in Scotland:
This test clearly makes it a high bar to prove negligence – it must be shown that no medical professional using ordinary skill would have acted in this way resulting in the claim. The medical professional in question must have been acting in such a way that was inconsistent with how others would have behaved in the situation. This is challenging to prove and requires expert legal insight.
In addition to meeting this test, it has to be shown that the negligence caused the injury. This is sometimes called the ‘but for’ test – but for the negligence, the injury would not have happened. It is necessary to show a link between the medical professional’s actions (or inactions) and the loss that you have suffered.
There are many examples of what can constitute negligence in practice. Most commonly, we often think of the actions of a medical professional – such as administering the wrong drug – as being at the root of a negligence action. However, inaction can also create liability.
For example, a doctor may not have diagnosed you correctly. They may have failed to perform tests that all medical professionals would recognise as being standard, given your symptoms. This failure to act may then have meant that your illness was not correctly diagnosed and therefore, not treated.
How We Can Help You Claim
If you think you may have a claim for medical negligence, it is important that you access expert legal advice as soon as possible. We will establish the facts in relation to your claim and let you know if and how it should be pursued. We can assist you in lodging a complaint with the NHS and can advise on the prospects of a civil damages case. We can advise you on whether you are likely to receive compensation and how much that compensation may be.
There is a strict time limit that must not expire before you raise your proceeding. If the time limit expires your claim is likely to be lost.
We understand that dealing with a medical negligence claim can be incredibly stressful and overwhelming for the patient and their family. Our expert team are here to ensure that we take care of the day to day administrative burden, all the while keeping you up to date and informed.
Contact The McKinstry Company Medical Negligence Lawyers, Ayrshire
If you want to learn more about medical negligence cases, get in touch today. You can contact us on 01465 915021 or via our online enquiry form. Our friendly and dedicated team are here to help you.
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