Although A&E departments are often busy and have lengthy waiting times, the standard of care should be equal to that of a scheduled appointment or procedure. More often than not, a visit to accident and emergency will end with no incident and the treatment required will be carried out. Where this is not the case, and negligence leads to incorrect or sub-standard care, or perhaps preventable issues as a result of non-intervention, a claim may be made. The pursuer has 3 years to bring a claim forward from the date of incident, or from the date the issue is discovered. If the patient dies as a result of the negligence, the spouse or family of the deceased can make a claim within 3 years of the date of death.
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In the rush to see everybody as quickly as possible, doctors and nurses perhaps don’t take enough time to examine or listen to patients, which can result in misdiagnoses. This in turn, can lead to incorrect treatments being administered or tests not being done at all. This can then cause patients to suffer from preventable or treatable illnesses. This can include misdiagnosed fractures, hospital born infections, or even illnesses being interpreted as something entirely different. This can lead to loss of revenue due to time off work that would never have been necessary had the correct diagnoses been given in the first instance. This would be taken in to consideration when awarding compensation should a claim be successful. Our team can look at your specific circumstances to understand if you have a strong case or not.
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At Scot Accident Claims we have a team of highly qualified medical negligence solicitors that are ready to take on your case and make sure you get the justice you deserve. We specialise in personal injury law and have a history of client case successes. If you would like a free call consultation please call 0141 292 6428.
Some patients are turned away without ever seeing somebody who could have correctly diagnosed their issue. This can be dangerous in cases of head trauma for example, where the patient could in turn have a bleed or brain trauma. It can also lead to cases of sepsis or necrosis being misdiagnosed. These are very time sensitive conditions, and if not remedied on time can cause permanent issues or even death. It seems to be that although staff should listen to patients and exhaust all avenues before treating, there is an expectation to treat within a certain timeframe. Every medical case is unique in some way, therefore it is unreasonable to target such a thing to the extent we see in the NHS. This seems to be a failure on patients and medical staff alike.
Unlike cases of negligence with planned procedures or known conditions, claims of this nature are perhaps more usefully aimed at establishment than with practitioner. In recent years, the NHS has opened Minor Injuries clinics, which are open until 10pm (area dependent). Would it perhaps ease the burden on accident and emergency departments if there were more of these clinics open through the night to deal with broken bones and stiches etc, while more out of hours GP clinics might see less people at accident and emergency with illness? These things of course cost money, but perhaps if the redistribution of such services is successful it would ease the burden on one department, and dramatically reduce negligence claims.
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