Common types of Clinical Negligence

Medical negligence claims help victims who have suffered physical injury due to medical, dental, or clinical negligence, getting them the compensation they deserve. 

 

It refers to substandard care provided by a medical professional to a patient. If you believe you have experienced maltreatment, misdiagnosis, or a mistake with your care, this is called “clinical negligence.”

 

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What are the common types of medical negligence?

 

Prescription Errors

  • Incorrectly prescribed or dispensed medication can have serious adverse effects on the patient. Not only because the underlying condition is not being treated correctly, but also because of suffering adverse effects from incorrect and inappropriate medication.
  • Consequences of prescription or medication errors can be short-lived. However, they can be devastating, life-changing, or even result in death.

Misdiagnosis

Alongside delayed diagnosis, medical misdiagnosis is one of the most common types of medical negligence claims:

  • Medical misdiagnosis (incorrect diagnosis or failure to diagnose) is when a medical professional provides an incorrect diagnosis or fails to diagnosis you after negligently misinterpreting your symptoms and/or not investigating your symptoms appropriately.
  • If you have received an incorrect diagnosis, you may have undergone unnecessary treatments or procedures. Further to this, particularly in relation to a failure to diagnose, your condition may go untreated, or its treatment may get delayed, meaning that you may require more invasive treatment in the future.

Delays in diagnosis

  • Here a medical professional fails to a diagnosis a health condition when they should have done or fails to refer you for investigations, meaning you are diagnosed late. This can again lead to a worsening of the condition and prolong your period without necessary treatment.
  • This can encompass delays in referrals, scans, and other investigations. It can also include medical professionals overlooking symptoms or records that are re-reviewed at a later date and urgently acted upon once the delay has been identified.

Dental negligence

Teeth play a key role in our appearance, and your oral health must be cared for professionally.

 

We place trust in Dental Health professionals to recognise and correct any dental complaints that we may have. Mistakes and delays caused by dentists can cause significant pain and can even affect our mental well-being.

 

Some common examples of dental negligence can include:

  • Incorrect and delayed diagnosis of teeth health and even oral cancer
  • Nerve injury
  • Cosmetic dentistry
  • Periodontal Disease Misdiagnosis
  • Mistakes in treatment leading to the loss of a tooth or multiple teeth.
  • Surgical Errors in extraction and root canal treatment

Here at Oakwood Scotland Solicitors, we have a lot of success in dealing with Dental Negligence Claims. 

 

Cancer Claims

There are 3 types of claims involving cancer patients:

  1. Delay in diagnosis: This is where there has been a significant delay in you undergoing appropriate tests and being diagnosed with the correct condition.
  2. Incorrect diagnosis: When you have been diagnosed as suffering from cancer when in fact you are suffering from a less sinister condition.
  3. Incorrect or inappropriate treatment: When you have received your diagnosis however the treatment for the same is incorrect or inappropriate. The results can be devastating.

Certain cancers can be exceedingly difficult to diagnose, and some people are advised that they have cancer when they do not, and vice versa. This can be devastating to those involved and their families.

Cancer misdiagnosis is common, and presently this is increasing. The most common are:

  • Lung Cancer: Often misdiagnosed as respiratory diseases such as pneumonia or asthma, as the symptoms are often the same – such as shortness of breath or coughing.
  • Breast Cancer: There are a number of reasons why lumps are formed in or around the breast that can lead to misdiagnosis of cancer. Often the lumps may be benign or could be inflammation of the breast tissue. There is a growing rate of male breast cancer being diagnosed.
  • Pancreatic Cancer: Often this will be misdiagnosed as irritable bowel syndrome, gallstones, or pancreatitis.
  • Colorectal cancer: Conditions such as irritable bowel syndrome, ulcerative colitis or haemorrhoids can be diagnosed instead of cancer.

Other cancers that are misdiagnosed include Ovarian, Cervical, Prostate, Skin, Testicular, thyroid, stomach, and a whole variety of other cancers.

 

How do I know if I have a medical negligence claim?

You may have a claim if you have suffered harm due to a doctor, nurse, or other healthcare provider failing to provide appropriate care. Our legal experts can assess whether the care breached professional standards and caused the injury directly, in which case you may be eligible to claim compensation for your pain and suffering.

 

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Frequently asked questions:

 

Is there a time limit to make a claim?

Yes. The UK Limitation Act 1980 sets out this time limit. The time limit for bringing a medical negligence claim is three years from the date of the incident or the date the claimant became aware of the negligence. Exceptions apply to children and vulnerable adults.

 

Will I have to go to court?

Most medical negligence cases are settled without the need to go to court. If a settlement cannot be reached, our solicitors can represent you in court proceedings. 

 

How much does it cost to bring a claim?

Oakwood Solicitors is a “No Win, No Fee” firm, meaning you will not have to pay legal fees unless your claim is unsuccessful.

 

What evidence is needed to support a claim?

Evidence can include.

  • Medical records
  • Expert medical opinions
  • Witness Statements
  • Photographs or personal notes

Can I claim on behalf of someone else?

Yes. You can claim for a child, someone lacking capacity, or a deceased relative (depending on the circumstances).

 

Further information:

The Limitation Act 1980.

Claiming on behalf of someone else.

Oakwood Solicitors Clinical Negligence. 

 

WHAT TO DO NEXT

If you believe you have suffered from clinical negligence, get in touch today for a no-obligation consultation.

 

Choose one of the methods on this page, or call us on 0141 406 3324 to find out how we can help you with your enquiry.

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