What are the most common types of clinical negligence claims?

By Faith J. Adams


Every year in the UK, millions of men, women and children put their lives in the hands of the medical professionals, whether through the NHS or other private groups. Clinical negligence claims are the compensation patients can claim for when they believe their medical practitioner (from doctors and surgeons to nurses and dentists) has made a mistake. But what are the most common kinds of clinical negligence?

One of the most common types of clinical negligence claims are those which are related to birth defects. For example, should a doctor, nurse or mid-wife make a mistake before or during the birth (e.g. misdiagnosis or the wrong administration of drugs) then the mother and child can claim for compensation. However, due to the nature of birth defects, sometimes it take months or years to realise a defect has occurred.

Another type of medical negligence claim is battery, which is claimed when a patient is given surgery without their prior consent. Hospital negligence covers a wide range of mistakes but generally they relate to when a mistake has lead to further injury or treatment that could have been preventable.

Claims can also be made against sterilisation failures and failed abortions which have both lead to the birth of an unplanned baby, which if performed correctly, should not have happened. On a much broader scale, negligence in the NHS covers all of the NHS's services, including any mistakes carried out, for example, by the ambulance service such as arriving too late to a patient causing further injury.

The final three are bit more self explanatory. Dental negligence applies to any mistake carried out by a dental practitioner, including the removal of a healthy, or the wrong, tooth. Negligent medical advice claims are filed for when a patient doesn't feel as though they received the right advice, e.g. not being told all the risks before a surgical operation. And finally, negligent diagnosis claims are made when someone was misdiagnosed, leading to further injury or stress.




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