Medical negligence is a term given to any situation when a medical professional fails to provide standard care for their patient and performs the procedure in a manner contrary to what would be expected of them. The patient may also be at fault in this case, but it does not excuse the professional from being negligent. If you feel that you have been a victim of medical negligence and are the victim’s lawyer, you have specific requirements that must be met before pursuing medical negligence claims case.
- First, you have to be diagnosed with an injury due to the alleged negligence on the part of a medical professional. If it’s determined that negligence was present, how serious was it? Situations most appropriate for medical negligence claims are those where a medical practitioner directly or impliedly put you at risk by either misdiagnosing you or otherwise acting in a manner contrary to what would be expected of them. These can be either a misdiagnosis that otherwise could have led to incorrect treatment and further harming your health or administering treatments in a manner contrary to standard practice.
- It must also be determined that the harm caused to you due to the alleged medical negligence claims falls within the area covered by your legal claim. Additionally, you must be able to point to proof that the harm was caused as a direct result of the breach of a duty owed to you. The legally obligated commitment to perform your medical treatment and procedures is known as ‘duty of care’. If your medical professional breaches this duty, you have a legal right to file a medical negligence claim against the medical professional. Similarly, suppose you were injured due to your carelessness and failure to adhere to medical advice. In that case, you have a lawsuit against the individual who advised you of the risk involved in that particular procedure or treatment.
- Medical negligence claims cover negligence on a medical professional concerning the information provided to you during a consultation. Where the specialist failed to give you the necessary information you required to make an informed decision about your particular treatment or procedure, you have a claim against the professional for breach of duty. As well as this breach of duty, if you lost time while waiting for a specialist to provide you with the information you require, you may also have a case against the medical professional. All of these types of claims are covered under legal action when you have been the victim of poor quality care and procedures administered by another medical professional.
Compensation for medical negligence claims depends on several factors. These include:
- nature of the injury
- any long term health effects resulting from the damage done to you
- the extent of your loss
- whether the compensation received was adequate for your loss
- any out of pocket expenses you had to incur due to the injury
- the emotional impact your condition has had on your life
- any financial difficulties you may have incurred due to the damage done can also be compensated for
If you wish to lodge a claim, you need to first get in touch with a solicitor who specialises in this area of law. They will provide you with all the relevant information you need to begin the process of making a claim. Your solicitor will advise you on how to go about filing a claim and how to increase your chances of success. They will also be able to give you all the relevant information about the negligence laws.