Medical negligence compensation claims

Medical negligence refers to a failure by healthcare professionals to provide the expected standard of care, leading to negligent treatment. This can include errors in medical procedures, misuse of medical records, or incorrect treatment. In these instances, the care provided falls short of what is reasonably expected from a medical professional, potentially resulting in a medical negligence claim.

Seek legal advice as soon as you realise something has gone wrong or suspect substandard medical treatment. The sooner the better as investigations will be required. A medical negligence claim normally must be brought within 3 years of the negligent act or advice although a claim can still be considered if you only became aware of the problem at a later date.

Our medical negligence lawyers will investigate the claim using independent experts who will offer unbiased opinions about the treatment provided.  After the claim is intimated to the medical practitioner it will become clear whether negligence is admitted. If it is a good claim it must then be valued by assessing the loss suffered as a result of the negligent treatment.

Here are a few examples of situations where healthcare professionals may fail to uphold the standard of care, potentially resulting in harm to the patient and forming the basis for medical negligence claims.

• Birth injuries and birth-related negligence
• Surgical errors
• Medical accidents
• Misdiagnosis or delayed diagnosis
• Dental negligence
• Cosmetic surgery claims
• Medication errors
• Incorrect treatment or failure to properly investigate
• Orthopaedic injuries
• Physical injury
• Equipment failures
• Care home injuries and neglect

If you have not done so already, you can by visiting the NHS Inform website where you will find details on how to raise a complaint in your area. Once you have filed your complaint to the NHS please save an electronic version of your complaint and upload it to us using the form below which will help us to speed up the claim process.

Absolutely. Regardless of whether your care was from the NHS or a private facility, you’re entitled to pursue a medical or clinical negligence claim against those responsible.

To assess if you have a valid medical negligence claim in Scotland, the primary criterion is proving that a healthcare professional or facility failed to provide the expected standard of care, resulting in negligent treatment. This could range from incorrect treatment to worsening an existing condition. The link between the negligence and the harm suffered must be clearly established, often with the aid of medical records.

Seeking guidance from specialist medical negligence solicitors is crucial. They are adept in handling clinical negligence claims and typically work on a ‘no win no fee’ basis, reducing financial risk. In Scotland, the typical timeframe for filing a claim is three years from the date of negligence or from when the harm was first acknowledged, with certain exceptions applicable.

Compensation in medical negligence cases isn’t limited to physical injuries but may also include psychological trauma, lost earnings, and future care costs. The compensation amount varies based on the specifics of the case.