Medical and dental professionals in the UK have a duty to provide care that meets an acceptable standard. When that standard is not met, and you suffer as a result, it can be classified as medical or dental negligence. For those in Ashbourne, understanding your legal rights and the options available is essential if you believe you have been a victim of negligence.
What is medical negligence?
Medical negligence occurs when a healthcare professional provides treatment that falls below the expected standard, resulting in harm, injury, or a worsening of your condition. This can happen in hospitals, GP surgeries, clinics, or private practices. The consequences can be minor, such as temporary discomfort, or severe, including long-term health issues or even death.
Some examples of medical negligence include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Prescription or medication mistakes
- Failure to obtain informed consent
- Poor aftercare or follow-up
What is dental negligence?
Dental negligence involves similar issues but in the context of dental care. Whether you are receiving routine check-ups or more complex procedures, dental professionals have a duty to act in your best interest and provide care that meets industry standards.
Common forms of dental negligence include:
- Misdiagnosis of dental conditions
- Damage to teeth, nerves, or gums during treatment
- Unnecessary procedures
- Faulty crowns, implants, or bridges
- Inadequate hygiene or infection control
If you live in Ashbourne and have experienced any of these issues, you may be eligible to make a claim for compensation.
How do you know if you have a valid claim?
It is not always clear whether what you experienced qualifies as negligence. For a claim to be valid, three conditions generally need to be met:
- Duty of care – The healthcare or dental professional owed you a duty of care.
- Breach of duty – That duty was breached through substandard care.
- Causation – The breach directly caused you harm or made an existing condition worse.
These elements can be complex to prove, which is why consulting a solicitor with experience in clinical negligence cases is vital.
The legal process for negligence claims
If you believe you have a case, the first step is to contact a solicitor. At Marley Solicitors, we assist clients in Ashbourne with clear, compassionate advice and robust legal representation.
Here is an overview of the claims process:
- Initial consultation – We assess your situation, gather initial details, and determine whether you have a viable claim.
- Gathering evidence – This includes medical records, expert medical opinions, and witness statements.
- Sending a letter of claim – This formally notifies the responsible party that you intend to pursue compensation.
- Response and negotiation – The defendant must respond, usually within four months. Most cases are settled out of court.
- Court proceedings (if necessary) – If a settlement cannot be reached, your solicitor may proceed to court on your behalf.
Time limits for making a claim
In the UK, the general time limit for medical and dental negligence claims is three years from the date of the incident or from when you first became aware of the injury being linked to negligence. However, there are exceptions for children and individuals lacking mental capacity.
Do not delay seeking legal advice, as early action increases your chances of a successful outcome.
Compensation aims to put you in the position you would have been in had the negligence not occurred. It is typically divided into:
- General damages – For pain, suffering, and loss of amenity
- Special damages – For financial losses such as medical expenses, lost earnings, and travel costs
Each case is unique, so the amount awarded varies depending on the severity and impact of the negligence.
Why choose Marley Solicitors for your claim in Ashbourne?
At Marley Solicitors, we understand how distressing medical or dental negligence can be. Our team is experienced, approachable, and committed to getting justice for our clients in Ashbourne. We offer:
- No win, no fee arrangements
- Personalised legal advice
- Access to medical experts
- Transparent communication throughout your case
Our local presence and client-first approach mean you can trust us to handle your claim with the attention and care it deserves.
Preventing medical and dental negligence
While you cannot control the actions of medical professionals, there are steps you can take to protect yourself:
- Always ask questions about your diagnosis or treatment
- Request second opinions when unsure
- Read consent forms carefully before signing
- Keep records of treatments and prescriptions
These actions can not only help prevent negligence but also strengthen your case if something goes wrong.
If you live in Ashbourne and believe you have been a victim of medical or dental negligence, do not suffer in silence. You have the right to seek justice and financial compensation. Marley Solicitors is here to guide you every step of the way, ensuring your voice is heard and your rights are upheld.
Contact us today for a free, no-obligation consultation. Let’s help you take the first step towards securing the compensation you deserve.
