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The law concerning medical negligence deals with incidents where the medical professional in question breached the duty of care they owe to you.This could be either because they did not choose the most appropriate treatment for your needs, or because they carried out this treatment in the wrong way. You will usually be advised to obtain a second opinion from another doctor or practitioner. They may want to receive a formal request from your GP, insurance company or legal adviser first and will be entitled to charge for their opinion.
If you have suffered injury because of negligent medical treatment, you can bring legal action against the hospital that provided this negligent care. If it is an NHS hospital and you feel your doctor, surgeon, or other medical practitioner has been negligent, you can make a claim against the NHS as their employer. This is because they have ultimate legal responsibility (vicarious liability) for what their employees do at work.
If the care was provided to you by a private hospital, and you are a member of a private health plan, this health plan may provide a legal service to remedy medical negligence. Should you have paid for the private health care personally, you need to check the provisions of the contract between you and the hospital, in order to find out about their policy concerning medical negligence claims.
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