If medical treatment is provided by someone who is not appropriately qualified, the treatment may be sub-standard or completely incorrect and this can result in the patient suffering a personal injury. If you have fallen victim to a rogue doctor, you should seek legal advice at the earliest opportunity as you may be entitled to pursue a compensation claim.
At The Legal Line our lawyers have a wealth of experience in recovering compensation for the victims of medical negligence, including those treated by rogue doctors. Contact us on 0800 0328511, or by completing a claim enquiry form online, for expert advice from our specialist personal injury lawyers.
Rogue Doctors
Clinical Negligence Involving Rogue Doctors
Making a Claim Against a Rogue Doctor
Clinical Negligence Compensation
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We put our trust in doctors when we are unwell and rely on them to provide the advice and treatment we need. Few people would question a doctor’s diagnosis or prescription and it would be extremely rare for anyone to question if their doctor was qualified, as when visiting a hospital or clinic it is natural to assume this is the case. Unfortunately however there are some cases where patients receive treatment from someone putting themselves forward as a doctor when they are not medically qualified.
The term ‘rogue doctor’ is used to describe someone who is providing medical treatment whilst not qualified to do so. This could include, for example:
• Someone who is not a doctor posing as a doctor.
• A doctor who has been struck off but continues to practice illegally.
• Someone who is qualified to practice medicine in another country but not the UK.
• A doctor who is not qualified to administer the type of treatment being provided.
It is perfectly acceptable to ask your doctor about their qualifications and experience and in the USA, where this is more commonplace, there is a lower medical error rate.
If you suffer harm as the result of incorrect medical treatment provided by a rogue doctor it is important to seek advice from a clinical negligence solicitor, as you may be entitled to compensation.
The NHS and private medical establishments have a responsibility to check that anyone they employ is appropriately qualified. They can do this by requesting proof of their qualifications, obtaining references from former employers and checking that they are registered with the General Medical Council (GMC), who regulate all doctors practising within the UK.
A particular area of concern is the cosmetic surgery industry, as there are some unregistered clinics and specialists and those offering non-surgical procedures only (e.g. injectable fillers, botox, laser treatments) are not required to register at all.
If a hospital or clinic fails to protect the safety of their patients by ensuring that they are treated by trained professionals, they could be held responsible for any harm that occurs as a result. If you have suffered harm due to negligent treatment, contact us on 0800 0328511 for confidential advice.
It is often advisable to make a written complaint first, as this helps to ensure that the matter is noted and looked into. This may even prompt a change in procedure or some other action to prevent recurrence of the same problem.
Whilst the initial complaint will generally give rise to a reply or explanation it is unlikely that an offer of medical negligence compensation will be made. If that is what you believe should happen you need to seek legal advice from a specialist medical negligence solicitor. That should be someone who is a member of the Law Society’s clinical negligence panel.
For a medical negligence claim to be successful it has to be proven that no reasonable medical professional would have provided treatment in the same way, that the treatment received fell below the accepted standards of care and that this caused some form of injury to the patient.
In every case, medical evidence will be required and it is necessary to show that the person you are making a medical negligence claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligence), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
At The Legal Line, we have access to experienced medical specialists who can act as expert witnesses in any court case. Your lawyer will be able to collate all of the necessary information and evidence to pursue your medical negligence compensation claim to the best possible outcome.
There are two elements to a compensation award. The first is called general damages and is financial compensation for the pain and suffering you may have gone through and what is known as loss of amenity, an inability to do things that you used to be able to do before. The award for loss of amenity can be for a short period after the medical negligence or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the medical accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the injuries caused by the negligent treatment had never occurred.
An award in a clinical negligence case is based on the injuries you have suffered that you would not have had if the treatment had been a success. There may be information available on previous awards in similar cases. Very often, clinical negligence cases are settled out of court.
At The Legal Line, our lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of clinical negligence. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.