Understanding Medical Negligence and its implications
Understanding Medical Negligence and its implications
If you or anyone near you get injured as a result of medical negligence then we can help you. Our expert medical negligence solicitors will hear your whole incident story and work with you to get the compensation you deserve
Assistance With: Medical Negligence Claims
- Birth Injury Claims
- Hospital Negligence Claims
- Misdiagnosis Claims
- Surgery Compensation Claims
- Cancer Claims
- Spinal Injury Claims
- Negligence Claims for Disabilities
Introduction to the Medical Negligence
Medical Negligence is a legal cause of action that arises when a doctor or other healthcare professional violates professional standards through careless acts and omissions, inflicting harm or resulting in a patient’s death. Medical negligence doesn’t arises frequently, As there are many recorded cases in the past. This makes it a crucial topic among people interested in law and healthcare.
Types and Examples of Medical Negligence
There are various types and examples of medical negligence recorded in past. These include:
- Misdiagnosis, such as a patient having regular menstrual cramps but the doctor diagnoses it as ovarian cancer.
- Surgical blunders, such as wrong body part surgery or foreign objects remaining in the body.
- Unjustified death, such as a patient died due to poor medication and irresponsibility of the hospital’s staff but doctors called it a natural death.
- Birth trauma, such as complications during childbirth due to the doctor’s irresponsible behavior.
- Negligent Prescription, such as doctors prescribing wrong medicine which results in allergic effects the on patient’s body.
Key elements to Successful Medical Negligence Claims
When a patient is being affected by a healthcare professional’s negligence, he should claim compensation from the doctor by filing a compensation claim in court. The key elements related to medical negligence include:
- Violation of obligation of supervision
- Time Limits
Violations of the obligation of supervision
The doctor or healthcare professionals must have carelessness in the treatment of a patient, which results in an injury to the patient that gives birth to medical Negligence. To prove it, there are two tests named “Bolam Principle” A legal standard test to examine whether the doctor is negligent or not) and “Bolitho the test” (It is also a standard test used in medical negligence cases in the UK and vides additional requirements to prove medical negligence). The survivor must have logical evidences otherwise the claim will not be accepted.
In court, survivor have to prove what was the cause of their injury or pain. If the healthcare professional’s carelessness is the cause of his injury then it will be medical negligence and healthcare professional have to compensate it. But If the survivor is failed to prove the negligence then the case will not be accepted.
Medical negligence compensation claims depends upon the injuries that the sufferer has got by the doctor’s negligence. There are two types of damages included in medical negligence:
- General Damages refer to loss of amenity and pain or injuries.
- Special Damages refer to additional loses such as loss of expenses, loss of medical equipment, loss of funeral expenses and loss of earnings and savings.
A prognosis report detailing medical professionals’ predictions for the consequences of the injury in the future is required for general damages. Additionally, a thorough analysis of the patient test results, medical records,
When an affected person is claiming compensation, he should know about the time limit in which he can claim compensation otherwise the case will not be accepted. The person should claim compensation within three years of the incident that happened to him. Under 18 children, should claim compensation within three years from their 18 birthday.
Mental illness: If victim is suffering from any type of mental illness than there is no time limit of compensation claim for him/her.
Who Can Bring A Claim For Medical Negligence
When someone is talking about compensation claims a question comes to our mind which is who can bring a claim for medical negligence? So, here is the answer to this question.
A person injured during surgery or gets an allergic reaction to medicine due to doctor’s negligence or may not get proper treatment from the hospital staff or gets avoided by hospital staff can claim compensation. If a patient dies as a result of a doctor’s negligence, then the patient’s relative can take legal action against the doctor or hospital staff on behalf of that affected patient.
How do I Prove that Doctor Was Negligent
If the survivor has to prove that the doctor was negligent and he get injured by the doctor’s negligence. Then he must have powerful evidences (violation of obligations, causation) against healthcare professionals. These includes patient’s test reports and medical records etc.
As medical negligence claim is complicated and time is taken to process, and can’t be proven easily So, the sufferer must assist in medical negligence solicitor will help him to prove that the doctor was negligent.
Why should I assist the best Medical Negligence Solicitors for Advise
A survivor should assist the best medical negligence solicitors who are experienced in their profession. They will give better legal advice, gather evidences and negotiates on behalf of their affected client. They tried their best to prove the fault of the doctor as a result the sufferer wins the case.
They also provide a “No Win No Fee” facility to their clients which means that The sufferer is already facing a traumatic situation, in this situation he will only pay if he wins the case. Otherwise, No fee will be charged from the survivor.
How Long Does It Take To Receive Compensation
Compensation claims are a traumatic and time taken process. It takes time to proceed and to win. It depends upon the nature of the case and how much time the doctor takes to accept his fault. There are usually two types of cases including:
- Simple Cases Simple cases are usually resolved in a few months. In these cases, doctors are usually their fault and the survivor is awarded compensation
- Complicated Cases These cases usually take more time as compared to simple cases. And these cases may be resolved after a year or more.
How much compensation on Payouts Will Sufferer Get For Medical Negligence Claim
Payouts usually depend upon the injuries or pain get as a result of the doctor’s negligence. They usually include the following term and conditions on which the payout limit has been set:
- Disabilities of Survivor
- Survivor’s Lifestyle
- Survivor’s income
- Hospital expenses in past and the future
- Survivor’s Age
- Daily needs of the sufferer and the survivor’s family