How do medical negligence claims arise?

Medical negligence claims arise when a healthcare provider fails to meet the standards of care that is required by law. This can often result in injuries to patients. Patients who have experienced medical negligence may be able to file a claim against the healthcare provider.

Here are some most common reasons of arising medical negligence claims:

1. Lack of informed consent: when a patient is not properly informed of the risks and benefits of a proposed medical treatment, they cannot give their informed consent to the treatment. This can lead to medical negligence claims if the patient is harmed by the treatment.

2. Lack of informed refusal: when a patient is not properly informed of the risks and benefits of a proposed medical treatment, they may refuse the treatment. This can lead to medical negligence claims if the patient is harmed by not receiving the treatment.

3. Lack of communication: when communication between a patient and their medical care team breaks down, it can lead to medical negligence claims. This can happen if a patient is not properly informed of their condition or treatment plan, or if there is a miscommunication about the risks and benefits of a proposed treatment.

4. Lack of documentation: when medical records are not properly maintained, it can lead to medical negligence claims. This can happen if a patient’s medical history is not accurately documented, or if important information about a patient’s condition or treatment is not properly recorded.

5. Lack of follow-up: when a patient does not receive follow-up care after a medical treatment or procedure, it can lead to medical negligence claims. This can happen if a patient is not properly monitored for complications or if their condition worsens because they did not receive the necessary follow-up care.

6. Lack of availability of medical records: when medical records are not readily available, it can lead to medical negligence claims. This can happen if a patient’s medical records are not properly maintained or if they are not easily accessible to the patient’s care team.

7. Lack of communication between treating physicians: when communication between a patient’s treating physicians breaks down, it can lead to medical negligence claims. This can happen if a patient’s condition is not properly communicated between their different care providers, or if important information about a patient’s treatment is not shared between physicians.

8. Lack of continuity of care: when a patient’s care is not properly coordinated, it can lead to medical negligence claims. This can happen if a patient is seen by multiple care providers who are not working together, or if a patient’s care plan is not followed.

9. Lack of coordination of care: when a patient’s care is not properly coordinated, it can lead to medical negligence claims. This can happen if a patient is seen by multiple care providers who are not working together, or if a patient’s care plan is not followed.

10. Lack of a system for monitoring and reporting adverse events: when there is no system in place for monitoring and reporting adverse events, it can lead to medical negligence claims. This can happen if a patient is harmed by a medical error but the event is not reported or investigated.

11. Lack of transparency: when medical care providers are not transparent about their policies and procedures, it can lead to medical negligence claims. This can happen if a patient is not given information about their rights or the risks and benefits of a proposed treatment.

12. Lack of accountability: when medical care providers are not held accountable for their actions, it can lead to medical negligence claims. This can happen if a patient is harmed by a medical error but the care provider is not disciplined or held responsible.

13. Lack of access to care: when patients do not have access to the medical care they need, it can lead to medical negligence claims. This can happen if a patient is not able to get an appointment with a specialist or if they are not able to get the medication they need.

14. Lack of timely care: when patients do not receive the care they need in a timely manner, it can lead to medical negligence claims. This can happen if a patient’s condition worsens because they did not receive timely treatment or if they experience unnecessary pain and suffering because of delays in care.

15. Lack of effective care: when patients do not receive effective medical care, it can lead to medical negligence claims. This can happen if a patient’s condition does not improve with treatment or if their condition worsens because of the ineffective care they received.

In conclusion, medical negligence claims arise when a healthcare professional fails to provide an appropriate level of care, which results in injury or death to the patient. The main causes of these claims are misdiagnosis, errors in surgery, and medication mistakes. If you believe that you have suffered from medical negligence, it is important to consult with a solicitor to learn about your legal rights.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.