Experiencing poor medical treatment can be devastating, especially when it results in lasting harm. While most healthcare providers aim to deliver high standards of care, mistakes still happen. If you’ve been affected by negligent medical treatment in Paignton, you may be entitled to claim compensation.
This guide outlines what medical negligence is, how to recognise it, and what steps to take if you’re considering making a claim.
What does medical negligence mean?
Medical negligence refers to situations where a healthcare provider fails to deliver appropriate care, and that failure causes injury or illness or makes an existing condition worse.
It is not enough to simply be unhappy with the treatment you received. A successful claim must prove that:
- The medical professional or organisation owed you a duty of care
- That duty was breached through action or inaction
- You suffered harm as a direct result
Negligence can occur in both NHS and private healthcare settings and in many different types of treatment.
What are some examples of medical negligence?
People in Paignton have contacted us about a wide range of incidents that could form the basis of a negligence claim. Common examples include:
- Delayed diagnosis or misdiagnosis
A delay in identifying a condition like cancer, sepsis, or a stroke can allow the illness to progress unnecessarily. - Surgical mistakes
Operations carry inherent risks, but errors such as operating on the wrong area or failing to prevent infection can be classed as negligent. - Incorrect prescriptions
Giving the wrong drug or dose, or missing a known allergy, can lead to serious health issues. - Negligence during childbirth
Injuries to mother or baby during delivery due to improper monitoring or delayed intervention. - Failures in aftercare
If a patient is discharged too early or not given proper follow-up, this can also amount to negligence.
If you’re unsure whether what happened to you counts as negligence, a specialist solicitor can help you determine whether you have a claim.
Where might this happen in Paignton?
Patients in Paignton may receive treatment from local surgeries, clinics or hospitals such as Torbay Hospital or practices within the South Devon NHS Trust. If your experience involved a misstep by a GP, nurse, consultant or even a physiotherapist, you may still have grounds to pursue a claim.
Our team is familiar with how healthcare is delivered in this area, which helps when investigating local complaints and reviewing how care was provided.
What should I do if I think I’ve been harmed by medical negligence?
You don’t need to be certain you’ve experienced negligence to get advice. If you suspect that medical care has gone wrong, here’s what you can do:
Step 1: Write down what happened
As soon as you can, make a clear note of the key dates, names of professionals involved, the type of treatment you received, and what went wrong. This will help your solicitor assess the situation quickly and clearly.
Step 2: Get hold of your medical records
You’re legally entitled to request your records. This includes appointment notes, test results and prescriptions. Your solicitor can also do this on your behalf if needed.
Step 3: Contact a solicitor
Specialist solicitors in medical negligence can review your case and advise whether it’s strong enough to proceed. At Marley Solicitors, we offer free initial consultations, so there’s no risk in finding out where you stand.
How long do I have to make a claim?
In most cases, there’s a three-year time limit from either:
- The date the negligence occurred
- The date you became aware that negligence may have caused your harm
There are some exceptions. For example:
- If the claim is on behalf of a child, the time limit begins on their 18th birthday
- For individuals lacking mental capacity, the clock may not start unless capacity is regained
Acting quickly is always recommended, as delays can make it harder to gather evidence and secure expert opinions.
What compensation can I receive?
The amount of compensation depends on the severity of the harm and how it affects your life. A medical negligence settlement may include:
- Pain and suffering caused by the injury or illness
- Loss of earnings (past and future)
- Medical expenses, including private care or rehabilitation
- Travel costs for medical appointments
- Adaptations to your home or vehicle if needed
- Emotional and psychological impact
We work with independent medical experts to ensure all aspects of your loss are properly considered and valued.
Will I have to go to court?
The majority of medical negligence claims are resolved by discussion outside of court. However, if a fair agreement cannot be reached, your case may proceed to trial. If that happens, our legal team will prepare everything and support you throughout the process.
We always aim to resolve matters without unnecessary stress, and court is generally a last resort.
Can I afford to make a claim?
Yes. At Marley Solicitors, we handle medical negligence claims on a no win, no fee basis. This means:
- You don’t pay any upfront fees
- If your case doesn’t succeed, you won’t pay us anything
- If you win, our fees are taken from the compensation you receive, and this will be discussed with you before we begin
This approach means there’s no financial risk in pursuing justice, even if you’re currently facing medical costs or time off work.
Why choose Marley Solicitors in Paignton?
We understand that taking legal action can be daunting, especially when you’ve already been through a difficult experience. Our Paignton-based team is here to make the process straightforward and stress-free.
Clients choose us because:
- We specialise in complex medical negligence cases
- We are familiar with local hospitals and medical practices in South Devon
- We offer clear, jargon-free advice and regular updates
- Our priority is securing the best possible outcome for you
What if I’m still unsure about making a claim?
Not everyone wants to start a legal process right away, and that’s okay. Sometimes, just speaking to someone who understands what you’ve been through can help you make the right decision.
We’re happy to talk things through with you without any pressure. Whether you decide to move forward or not, we’ll give you honest advice about what options are available.
Start your medical negligence claim today
If you believe that you or a loved one has suffered because of poor medical treatment in Paignton, don’t wait to find out where you stand. Contact Marley Solicitors for a free, confidential consultation.
We’ll help you understand your rights and guide you through the process, from gathering evidence to negotiating a fair settlement.
