How do I claim compensation for Medical Negligence?
Posted on 23rd January 2019
You’ve been injured at work, injured in a road traffic accident, or bashed your head after tripping over a defect in the local high street. So what do you do? Well, before contacting your nearest personal injury solicitors, you attend A&E, your local Accident an Emergency Department, where, most of the time at least, you’ll be extremely well looked after, by everyone from the receptionist, to the triage nurse attending upon you.
Or will you? Ok, it only happens on rare occasions, but in the case of Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, Mr Darnley, and his local personal injury specialist, had to go all the way to the Supreme Court to get justice, after being denied the same in the County Court, and Court of Appeal.
No Win, No Fee Solicitors:
MG Legal's leading No Win, No Fee Solicitors accept all our Injury Compensation claims on a No Win, No Fee basis.
Our team put your first, and work with care to ensure that your wishes are met. Call us today on a free, no-obligation basis at: 01772 783314.
Get in touch today to speak to our No Win, No Fee.
The case of Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 is a significant legal case in the field of negligence law, particularly within the context of medical negligence, that was decided by the Supreme Court.
The case revolved around Mr. Michael Darnley, who was injured in an assault and subsequently went to the A&E (Accident and Emergency) department of Croydon Health Services NHS Trust. Upon arrival, he was incorrectly informed by a receptionist that the wait time to be seen by a healthcare professional would be approximately four to five hours. Based on this information, Mr. Darnley chose to leave the hospital after waiting for a short period. Unfortunately, he suffered serious injuries as a result of an undiagnosed haemorrhage that could have been treated had he stayed at the hospital.
Mr. Darnley brought a claim against the NHS Trust, arguing that the misinformation provided by the non-medical reception staff regarding waiting times constituted a breach of duty of care, which led to his injuries worsening.
Why choose MG Legal Solicitors?
Transparent fees.
Our solicitors offer their services on a clear fixed-fee or hourly rate, and accept personal injury claims on a no win no fee basis.
We are the experts.
Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
Regular communication.
When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
Multiple office locations.
If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster and Lytham for your convenience.
The Supreme Court ultimately found in favour of Mr. Darnley, holding that the NHS Trust was vicariously liable for the negligent provision of information by its reception staff. The Court reasoned that the provision of information about waiting times was part of the overall duty of care owed to patients presenting at the A&E department. It also emphasised that it was reasonably foreseeable that a patient, given inaccurate waiting time information, might decide to leave the A&E department and suffer harm as a result.
This judgment is significant because it highlights the scope of the duty of care owed by hospital staff, including non-medical personnel like receptionists, to patients. It underscores the principle that all staff members can impact patient welfare and safety, and that hospitals are responsible for ensuring accurate and safe communication of information to patients.
In the case of Darnley, the Claimant’s personal injury solicitor stuck in there, and in the end, the right result was ordered by the court, and the Claimant received compensation arising out of the Defendant’s medical negligence.
MG Legal, personal injury solicitors in Preston, have offices in Garstang, Longridge, Preston, and now as of 2024, a new office in Blackpool. Our reviews speak for themselves, and all personal injury work is accepted on a NO WIN NO FEE Basis.
Home visits are available upon request. Or why not drop in to see our expert personal injury solicitors in Preston, or in any of our other offices, with no appointment necessary.
Clear, fixed-fees
Fully-Qualified No Win No Fee Solicitors
Tailored Service
Multiple Office Locations
Decades of Experience
Home Visits
Tagged as: Accident Injury Solicitors, Accident Solicitors, Best Medical Negligence Solicitors, Best Personal Injury Solicitors, Car Accident Solicitors, Garstang Solicitors, Lancaster Law, Longridge, Longridge Solicitors, Medical Negligence, Personal Injury, Personal Injury Law, Personal Injury Solicitors Manchester, Preston Law, Preston Solicitors, Road Traffic Accident Solicitors, RTA, Solicitors in Garstang, Solicitors in Lancaster, Solicitors in Longridge, Solicitors in Preston, Your Local Solicitors
Share this post: