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Medical malpractice, also known as 'clinical negligence' is a serious concern in Cardiff, United Kingdom. This occurs when health care professionals provide a standard of care that falls below what is expected, causing injury or harm to a patient. The key elements involved in a medical malpractice case include a duty of care, breach of that duty, causation and damages. The law surrounding medical malpractice in Cardiff is complex and constantly evolving, and is navigated through both the courts and the NHS Resolution process.
The process of filing a medical malpractice case can be extremely complex and time-consuming. Legal advice is typically required to understand if a claim of negligence can be substantiated. There are also statutory limitations to be aware of; generally, claims need to be brought within three years of the negligence occurring or a patient's knowledge of it. Lawyers can guide you through the legal process, advocate on your behalf, and help maximize any potential settlement or damages awarded.
The major regulatory framework for medical malpractice law in the UK, including Cardiff, is the Law Reform Act 1945 and the Limitation Act 1980. Under UK law, for a claim to be successful, it must be proved that the treatment was carried out negligently and that this directly caused the injury. The applied standard is what would be expected of a competent professional in the same field, taking into consideration the standards at the time. Health care providers also have a 'duty of candour', meaning they are legally required to inform patients about any errors in their treatment.
Many types of errors can potentially lead to a medical malpractice claim, including misdiagnosis, surgical errors, medication errors, failure to properly monitor a patient, and failure to get informed consent before a treatment or procedure.
The process generally begins with a complaint to the healthcare provider. If this does not resolve the issue, a formal legal claim can be submitted, which will typically involve gathering and reviewing medical records, obtaining expert medical opinions, and possibly court proceedings.
Compensation in medical malpractice claims can cover both physical and psychological damage, and includes general damages for pain, suffering, loss of amenity, and special damages for financial loss, such as lost income and increased living expenses due to the injury.
Any individual who has suffered harm as a result of clinical negligence can make a claim. In case of a child, a parent can make a claim on their behalf. In the case of fatality, the deceased's estate or dependents can make a claim.
There may be costs involved in making a claim, such as legal fees and court fees. In many cases, lawyers offer 'no-win, no-fee' arrangements, meaning you pay nothing unless your claim is successful.
Useful resources relating to medical malpractice in Cardiff include the NHS Resolution, the Clinical Negligence Scheme for Trusts (CNST) and Action Against Medical Accidents (AvMA). All provide valuable information and support for those experiencing or concerned about medical malpractice.
If you believe you have been a victim of medical malpractice, your first step should be to make a complaint to the healthcare provider. Document all relevant information and gather all medical records. It is advised to seek legal advice in order to assess your case and guide you through the process.
