Medical Negligence Scotland - Suing the NHS for Medical Negligence compensation in Scotland

Compensation claims for Medical negligence in Scotland arise when patients seek compensation from the NHS or sue an NHS hospital because the client believes they have received sub-standard negligent medical treatment which has caused injury or harm. 

Claims can be against medical professionals such as a hospital doctor, GP, nurse, physiotherapist, dentist, pharmacist or ambulance driver, and against medical institutions such as an NHS hospital, private hospital or a GP surgery.

Medical negligence compensation claims (also known as clinical negligence or medical malpractice) is a complex area of law. It is therefore important that you obtain advice from a solicitor who is a recognised expert in the field before you sue the NHS or bring a claim against a doctor. 

Medical Negligence Scotland provide a full range of services to help you with your claim for compansation and will act on your behalf as the middle man by engaging our team of legal experts in medical law, this will keep your cost to a minimum and ensure you receive the most suitable lawyer for your claim.

There are three main elements that have to be established and proved in order for a medical negligence compensation claim  to be successful. This is the same whether you are suing the NHS or a private doctor:

• Negligence
• Causation
• Damages

Steps in Pursuing A clinical / medical negligence compensation claim in Scotland

Medical Negligence Scotland – Steps in Pursuing A clinical / medical negligence compensation claim in Scotland

Before making a claim for medical negligence compensation to sue the NHS or a private doctor, it will be necessary for your solicitor to prove that  the medical professional or medical institution you attended for treatment was indeed negligent. 

At Medical Negligence Scotland, we will help you make your claim for compensation and act on your behalf.

So What is Medical Negligence?

Medical Negligence is where the standard of medical care provided by the NHS or private hospital fell below the level expected of a professional in that field. For example, patients may be able to sue NHS hospitals because of failure to diagnose a medical condition, mistakes made in treatment such as surgery and use of improper or out of date treatment or medication.

It needs to be understood that Medical professionals will not be negligent just because there was a better alternative for the care. To be negligent so that you (through your solicitor) can sue the NHS, the level of care needs to have fallen below the level expected of the average competent medical professional in the field. 

Would a Competent Doctor in The Same Specialty Have Acted in The Same Way Under The Same Conditions?

This is the key question whcih needs to be asked when bringing a claim against a doctor or hospital. If this hypothetical doctor would have, then negligence cannot be established even if many or even most doctors would have acted differently.

Evidence.

In order to establish negligence and sue the NHS, your solicitor will need to obtain expert evidence from a medical expert in the relevant medical field. If your claim is against a GP then normally your solicitor will obtain expert evidence from another GP. An experienced solicitor will know suitable and highly respected medical practitioners in numerous areas of specialty who are able to serve as a medical expert. The medical expert will review your medical records and in most cases needs to give you a medical examination before preparing his or her report.

Medical Negligence Scotland collaborate with law firms to give advice on medical legal matters and regularly act as expert witnesses in the Scottish Law courts.

Medical Negligence Scotland - know your legal rights.

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