Filing a Medical Negligence Claim in Scotland: What You Need to Know

 When we find medical professionals for treatment, we trust them and believe they will handle everything and make it right. However, what if they make a mistake and you suffer an injury due to their actions? In that case, you can make a medical negligence claim; in this article, we will explain the fundamentals of medical negligence claims in Scotland.

What is medical negligence?

When a doctor, nurse, or other healthcare professional has a duty of care towards you, it is their legal responsibility to provide you with an adequate standard of care. They fail to fulfill their duty of care if they make a mistake in your treatment, give you incorrect advice, or misdiagnose your illness. 

A mistake can only be considered medical negligence when your care falls below what is expected from a reasonable and cautious professional in the same field and causes you injury or harm.

Assume you fractured your leg and went to the hospital; the doctor examines your X-ray report but fails to identify the fracture. As a result, your leg continues to deteriorate; this is medical negligence. Similarly, if a surgeon operates on the wrong part of your body or a nurse gives you the medicine you weren't meant to take, that would also be medical negligence. In all of these examples, the standard of care was not met, and you were harmed as a result.

How do I know if I have a medical negligence case in Scotland?

Determining whether you are eligible to make Medical Negligence Claims in Scotland can be difficult. However, there is a simple way; search for two basic things: breach of duty and causality.

The term "breach of duty" refers to the healthcare provider failing to complete their job appropriately, which means they did not provide you with the care you deserve. "Causation" refers to the fact that this breach or failure caused you harm or injury.

To have a case, you must first demonstrate that the doctor or nurse failed to provide the appropriate standard of care. For example, they may have misdiagnosed your illness or administered incorrect treatment.

Second, you'd have to prove that this error caused your injuries or damaged your health. Perhaps your disease worsened due to their mistake, or you had to undergo more treatments.

However, determining whether you have a case is not always this simple, so contacting a medical negligence Solicitor is a good idea. They will examine your case and guide you on whether you qualify for a compensation claim. They will also walk you through the process of making a claim if you want to do so.

What are the time limits for making a medical negligence claim in Scotland?

There are rules about how long you can wait before making Medical Negligence Claims in Scotland. The basic rule is that you have three years from when you realize you were harmed due to medical negligence. This three-year term is referred to as the "limitation period".

Assume you had surgery and two years later discover that a mistake was made during the procedure, causing you harm. The three-year restriction period would begin when you found negligence, not when the surgery was performed.

However, there are some exceptions to this, such as if you were under the age of 16 at the time of the negligence or could not make your own judgements (lacking 'legal capacity' at the time), the standards may be different. In such cases, the three-year limitation period will not begin until you reach the age of 16 or regain decision-making capacity.

Because these guidelines can be quite complex, you should seek advice from a medical negligence lawyer as soon as possible; they can guide you on how much time you have to make a claim.

However, the sooner you begin your claim, the better, as evidence is easier to gather, and memories are clearer near the time of the accident. Furthermore, it means you can begin the process to obtain any compensation you may be entitled to, which could help with things like medical bills or loss of earnings.

Types of medical negligence:

Medical negligence can manifest itself in various ways; knowing these different types of medical negligence can help determine if something similar happened to you. Medical negligence in Scotland is typically classified into four categories: errors in diagnosis, faults in treatment, errors in care, and failure to obtain consent.

You can find more information about medical negligence on the NHS Inform website.

Negligence in diagnosis:

Diagnosis errors are a common type of medical negligence. This occurs when a doctor fails to appropriately diagnose a patient's condition. They may miss an illness or even diagnose one the patient does not have.

Assume you're feeling ill and decide to visit the doctor. They say you have a cold, but you actually have pneumonia; this is a diagnostic error. Because the doctor failed to detect the pneumonia, you did not receive timely treatment, which can worsen your condition.

These errors can have catastrophic consequences; if this happens to you, you can make a medical negligence claim in Scotland. If you believe you have been the victim of a diagnosis error, you should seek advice from a Personal injury Solicitor in Scotland.

Negligence in treatment:

Another type of medical negligence in Scotland is treatment errors; this happens when something goes wrong when you are receiving medical treatment.

Assume you're having surgery, and the surgeon makes a mistake, such as accidentally damaging your nerves. Or a nurse or a chemist gives you the incorrect medicine or dose; these are all examples of treatment errors.

If you are harmed due to treatment negligence, you are eligible to make a medical negligence claim. 

Negligence in care:

Another type of medical negligence in Scotland is negligence in care. This kind of negligence 

occurs when a healthcare worker fails to adequately care for a patient.

For example, if a nurse fails to check a patient's condition regularly and, as a result, the patient's condition deteriorates, this is considered negligence in care. Another example is when a caregiver in a nursing home does not assist a person in moving around, and the resident falls and is injured. 

Care negligence can be extremely harmful and lead to significant health issues. If you believe you or someone you know has been the victim of this type of medical negligence, you should contact a medical negligence lawyer. They can assist you in determining if you can make a claim and what steps you should take next.

Failure to obtain informed consent:

In Scotland, failing to seek informed consent is a serious form of medical negligence. It happens when a doctor or other healthcare professional fails to properly explain a treatment or procedure to a patient and hence fails to obtain informed consent.

For example, if a doctor decides to perform surgery on you without first describing what it means, the risks and benefits, and any other treatment options available, then they have not 

gained your informed consent.

Informed consent means knowing what will happen if you decide to undergo a specific treatment and agree to it. It is your right to be informed about and understand the pros and cons of your treatment.

If a healthcare professional treats you without your informed consent and you suffer harm, you may be eligible for a medical negligence claim. Speaking with a lawyer specialising in medical negligence cases is critical, as they can advise you on what to do next.

The legal process:

If you believe you have been a victim of medical negligence in Scotland, you can seek compensation through the legal system; the following are the four steps you need to follow:

The letter of claim:

The first step in making medical negligence claims in Scotland is to send a claim letter. You or your solicitor send this letter to the healthcare professional you believe made a mistake.

The letter describes what happened, why you believe it resulted from negligence, and how it harmed you. This step is critical because it helps the healthcare provider understand why you're making a claim.

Typically, your solicitor will assist you in writing this letter. They will ensure that it contains all necessary information and is written in a proper format. This is the first major step in establishing your claim, and it is critical that you do it properly.

The response from the healthcare provider:

The healthcare provider must respond once you send your letter of claim. In Scotland, they typically have four months to complete their task. They might either accept they were at fault or reject any wrongdoing.

They should clarify their side of the story in their response. They may explain why they believe they were not negligent or their conduct did not cause your injury.

This response is important as it helps you to comprehend what you're up against. It may be easier to reach an agreement if the healthcare professional admits wrongdoing. If they reject responsibility, you may need to prepare to go to Court.

Your lawyer will explain the response and advise you on the appropriate next steps. Remember that this is a complicated process; having a good solicitor can make things easier.

The negotiation processes:

The next step in a medical negligence claim in Scotland is the negotiations. This starts when the healthcare provider responds to your claim letter.

During this phase, you (or your solicitor) and the healthcare provider attempt to agree on an appropriate medical negligence compensation amount. This could include talking about the injury and damage you've experienced, how it's affected your life, and how much it has cost you.

Remember, this isn't a casual conversation, it is a legal debate, and you should seek advice from a medical negligence lawyer. They know what to say, how to say it, and when to say it to support your case.

Negotiation can take time, but if both parties reach an agreement, you can avoid going to Court. If you cannot reach an agreement, taking the case to the Court becomes necessary. However, you don't need to worry, as your solicitor will be with you every step of the way.

Taking care to Court:

This step only happens if you cannot reach an agreement with the health care professional or if they deny any responsibility during the letter of claim phase.

A Judge will decide whether your claim is valid or not and how much compensation you are entitled to. They will hear your experience as well as the story of the healthcare practitioner. 

They will also examine any available evidence, such as medical records or expert opinions. 

They will then decide whether the healthcare practitioner was negligent and, if so, how much compensation you should receive.

Court cases can be time-consuming and unpredictable, but sometimes they are the only way to achieve the justice you deserve.

The impact of medical negligence:

Medical negligence can have severe consequences for the patient and their loved ones. It can cause physical and psychological pain, financial damages, and even death in the worst-case scenario. 

Physical and psychological harm:

Medical negligence can cause both physical and psychological suffering. It is essential to consider what happens to your body and how it impacts your mind.

A doctor or other healthcare provider's negligence might result in a physical injury. For example, they may incorrectly diagnose your illness, causing your condition to worsen since you are not receiving the appropriate treatment.

Medical negligence can also result in psychological trauma, which means it adversely impacts your emotions. Dealing with a severe medical blunder, for example, can be stressful; it can cause anxiety, despair, and even post-traumatic stress disorder (PTSD).

When making a claim for medical negligence in Scotland, both physical and psychological harm are taken into account. That means you can seek compensation for both kinds of injury caused by negligence.

Financial damages:

Medical negligence can also result in financial damages; for example, you may incur additional medical expenses due to negligence. Perhaps you require additional treatment, other medications, or even surgery; these extra expenses can quickly pile up.

Negligence can also result in a loss of earnings, as you may lose income if you cannot work due to illness or require more time off for medical appointments. You could lose a lot of money if your negligence causes a disability that prevents you from working.

In Scotland, you can seek compensation for these financial damages through a medical negligence claim. This means that if it is proven that the healthcare practitioner was negligent, they might have to give you compensation to cover these costs.

Loss of life:

In the most extreme circumstances, medical neglect can cause death. This could happen if a critical illness is not discovered on time or a major mistake is made during surgery.

Losing a loved one is an extremely traumatic experience, and it can be even more difficult to bear when you know that it resulted from negligence.

If a person dies due to medical negligence in Scotland, their family can claim on their behalf. The received compensation can assist the family in dealing with financial damages because of the death of a loved one, such as loss of earnings, funeral expenses, and other costs.

No amount of money can possibly compensate for the loss of a loved one. However, making a claim can hold the healthcare provider accountable for their actions and give some financial stability to the family left behind.

What to do if you think you have been a victim of medical negligence

If you believe you have been the victim of medical negligence in Scotland, it is critical to act as quickly as possible, and here are two things you need to do.

Talk to Your Doctor:

First, discussing your concerns with your doctor or another healthcare expert is a good idea. You can also contact NHS staff to seek advice about your possible medical negligence claim. They can tell you more about what happened and why; sometimes, there is a reasonable explanation for what appears to be negligence.

You can formally complain if your issues are not handled or if you are dissatisfied with their response. Every healthcare provider in Scotland has a process for dealing with complaints; you can follow the process to make an initial complaint.

Get Legal Advice:

If you're still concerned after speaking with your doctor, seek legal advice; look for a lawyer 

specialising in clinical negligence claims.

Your solicitor can hear your story, examine your medical records, and advise whether you can make a case. If you do have a case, they can walk you through the NHS complaints procedure, from making a claim letter to negotiating a settlement or even going to Court if necessary.

The importance of seeking justice:

Seeking justice for medical negligence in Scotland is critical. It is not only a matter of holding healthcare practitioners accountable for their conduct but also a matter of ensuring that victims are heard and paid for the harm they have endured. 

Seeking justice serves a number of reasons, including securing financial compensation to pay medical expenditures, lost wages, and other monetary damages. It also provides victims and their families a sense of closure and peace of mind, allowing them to move on from the accident. 

Furthermore, pursuing justice raises awareness about clinical negligence and promotes improvements in healthcare practices, with the ultimate goal of preventing something similar from happening again. Victims of medical negligence, by seeking justice contribute to a system that values patient safety and responsibility within the healthcare industry.