Medical Injury Claims
Working towards a better solution

To determine whether you have been injured medically your solicitor must prove that what happened to you was outwith the regular workings of current medical care. Many clinical procedures come with risks which should be explained to you in advance of such treatment occuring. Most of these procedures will require you to sign a document stating that you understand such risks and that if something does go wrong with the treatment that you do not hold the individuals or the healthcare institution liable. This only covers the actual treatment itself. For example, if you are having a transplant and your body rejects the transplanted organ despite the doctor's best efforts then there is no real negligence. If during the transplant operation or during the aftercare someone makes an error that cause the transplant to be ineffective then negligence can be suggested.

An injury that is considered medically inflicted can also result from incorrect medicine, whether the wrong type or the wrong dosage. Of course, with the extensive leaflets included in almost every pack of medication in this country many will try and reduce their own level of negligence by blaming the patient for not reading the leaflet and discovering any errors themselves. For example, if you have a pre-existing heart condition that the doctor has not noticed on your file yet you are prescribed a medication that contains a warning against use by such individuals. Many cases trying to prove medical negligence simply come down to opinion, normally that of the medical professionals asked to give their evidence but sometimes the decision is made by a judge as to their own estimation regarding who is to blame.


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