To make a claim against the NHS for necrotising fasciitis, please get in touch with us today. We are a specialist firm of clinical negligence solicitors and have considerable experience with necrotising fasciitis claims.
Who can make a medical negligence claim?
Any person who has been the victim of medical negligence will be able to make a claim, as long as they are within the stipulated time limits.
Necrotising fasciitis medical negligence
Medical negligence means that the standard of care has fallen below an acceptable level and this has caused a patient unnecessary harm.
So what would be considered an acceptable standard of care with regards to necrotising fasciitis?
Necrotising fasciitis is a rare condition, but nonetheless the physical indicators should lead doctors to an accurate diagnosis. It is also an extremely aggressive infection, so clinicians should work to achieve this diagnosis without delay and provide immediate treatment.
Therefore an acceptable standard of care would be to reach a timely diagnosis and provide emergency surgical debridement.
If healthcare professionals do not meet this standard of care, they may have breached their duty of care towards the patient. For instance, doctors may:
- Fail to diagnose the condition despite the symptoms being present
- Fail to arrange tests to aid a diagnosis
- Discharge a patient from hospital
- Fail to treat a patient on an emergency basis
A solicitor will tell you if you have been the victim of medical negligence and whether you are able to make a claim.
Time limits
Even if you have been the victim of medical negligence, you must still comply with the time limits that are in place. The law says that medical negligence claims must be made within three years of the index event. Therefore you have three years to bring a claim to the courts, starting from the date you encountered the substandard medical care.
These time limits are strict and cannot be overruled, apart from in exceptional circumstances – for example, if the Claimant is under the age of 18, lacks mental capacity or has only recently gained knowledge of the negligence.
Otherwise a claim must be made within three years. This means that if you are out of time, you will not be able to take legal action. A solicitor will be able to tell you if you have enough time to make a claim.
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