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Medical Negligence Claims

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:

  • There must be a usual and normal practice;
  • It must be proven that the defender has not adopted that practice;
  • It must be established that the course the doctor or other medical professional adopted is one which no professional man of ordinary skill would have taken if he had been acting with ordinary care.

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.

Practical Examples

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.

Robert Honeyman Partner View Robert's Profile

Robert is Head of our Litigation Department, where he oversees all contentious cases. His remit includes employment, contract disputes, commercial court work and all aspects of personal injury litigation. With extensive experience of handling cases in the Employment Tribunal, Sheriff Court and Court of Session, Robert was recognised by the Association of Personal Injury Lawyers and the Law Society of Scotland in 2010, as a Specialist in Personal Injury Litigation.

Having joined the firm in 1997, Robert is well respected among clients and peers, and is widely regarded as an organised, proactive and diligent litigator, who will go the extra mile to get the best results for his clients.

Robert is a keen golfer (although not reflected in his handicap) and enjoys running. He also supports a number of charitable and community projects, and is Past President of Largs Cronies Burns Club.

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