What is compensation and its role in Medical Negligence cases?

If a patient is negligently injured or harmed as a result of treatment or lack of treatment by a clinician, whether in a hospital, GP surgery, pharmacy, opticians, care home, or indeed in their own home, they are entitled to compensation.

Financial recompense is the only way in which a patient can be compensated for injuries sustained as a result of negligence. Its purpose is to put the patient back in the position they would have been but for the injury.

It is not a “windfall” of money or an elevation of someone’s financial state. It is designed to provide compensation for the unnecessary pain and suffering a patient has endured, together with funding for those who require further treatment or adaptations to property and cars, aids and equipment, carers, and many other things to enable them to live as normal if not a “new” normal way of life as possible.

If a patient sadly dies as a result of medical negligence, then a claim can still be pursued under either the Law Reform Miscellaneous Provisions Act or the Fatal Accidents Act.

It is important to note that all claims are subject to a limitation period and must be brought within three years from the date of incident/knowledge that harm was caused, or in the case of death, three years from the date of death.

Amanda Cavanagh, Associate in the Medical Negligence team at Ashtons Legal, comments, “Our Medical Negligence team is passionate about safeguarding the rights of those who have been negligently injured. We are members of professional bodies such as the Society of Clinical Injury Lawyers (SCIL), Association of Personal Injury Solicitors (APIL), and Association of Victims Against Medical Accidents (AvMA), who all work tirelessly to protect the rights of those injured as a result of medical negligence. Our aim is to ensure that fair compensation is provided to those victims”.

Contact our medical negligence solicitors today

If you believe we can assist you when pursuing a Medical Negligence claim, please get in contact with us on 0330 191 4835 or fill out our online enquiry form.

Our experienced team of lawyers will be able to offer advice and guide you through every step of the claims process and our in-house rehabilitation coordinators can help to support you through your recovery.