Received unnecessary treatment
During operations treatment is often necessary in order to cure patients of illness or put them into a position that they were in prior to being admitted. However often the standard applied to patients can fall well below that which is expected and in many cases treatment is provided that is unnecessary and causes this injury to worsen.
Doctors should perfrom treatment under what is reasonable and what other competent doctors would do in the same situation. This is defined by the Bolam Test. The Bolam Test states that the actions of a healthcare professional will be evaluated in comparison to the actions of other healthcare professionals with similar qualifications practicing in the same area of medicine at a similar place and time. So, if a significant number of equally-competent doctors are believed to prefer a medical procedure similar to that chosen by the doctor under question, the latter will probably not be considered guilty of negligence, despite the fact that another group of equally-competent doctors might select another more effective type of medical treatment.
The Bolam test has a further stipulation that the failed treatment chosen by the doctor in question should be ‘logical’ for the condition diagnosed (even when a group of equally-qualified doctors would have chosen the failed ‘non logical’ treatment over others.)
We can also help if you have been diagnosed wrongly and went on to have an unnecessary operation, this would also be classed as medical negligence. Damages would cover any physical or mental injuries as well other losses such as out of pocket expenses, loss of earnings and compensation for any further treatment arising out of the negligence.
Medical negligence can be brought forward from either the date of the negligence or from the date that harm is realised. This means that even if the injury it is not apparent for some years, if any negligence has occurred you can bring a claim from the date the injuries start presenting themselves. Where you have suffered unnecessary treatment and as a result have been left injured to a greater extent than you were when you were admitted to hospital then you may be entitled to compensation.
Here at Accidents Direct as a leading company with clinical negligence solicitors we will be able to advise you on the treatment you have had and advise as to whether this could start a claim for compensation.