How do I claim Medical Negligence





How do I claim Medical Negligence?

When it comes down to it people seem to forget the fact that doctors are human and everyone, including them will make the occasional mistake when placed under a lot of pressure. These mistakes are usually harmless and often go unnoticed; however there are occasions when medical professionals fail in their degree of care. When this happens it is known as medical negligence.

Medical negligence can sadly happen across many sectors such as:

• GP’s
• NHS or privately funded hospitals
• Privately funded health practitioners
• Other health professionals, for example, nurses, occupational therapists
• Dentists
• Defective medical products (for example, implants or drugs)

Illness is never as it totally seems but it is the job of medical professional to do everything possible to make sure that in complicated illnesses you are diagnosed and treated as quickly as possible. In extremely complex cases it is essential that as well as being seen by a doctor, you are also seen by a specialist. This is because negligence may occur from a delay or failure to diagnose a condition as well as a delay in the treatment that you receive. In cases such as these you may receive substandard, improper or negligent treatment.

If you are one of the unfortunate people who feels failed by a medical professional then you could be entitled to make a claim for compensation. If your diagnosis was delayed or your treatment came too late or your treatment was the wrong cause of action for your symptoms as well as if a medical professional failed to carry out extra tests that could have spotted your illness sooner then you may have a case for compensation. If this sounds similar to a situation that you are in then contact a legal

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Medical negligence claims are extremely complex and if you are hoping to pursue one it is essential that you seek specialist advice. Medical negligence cases enables patients and medical professionals to resolve disputes either through negotiation or through the help of the courts. So what is the difference between medical negligence and making a complaint? In a medical negligence claim you are asking for money to compensate you for an injury or illness you experienced whereas you are unlikely to receive any compensation for making a complaint; however you will more than likely receive answers to why your diagnosis or treatment was inadequate, receive an apology and perhaps prevent it from happening again in the future. You cannot at the moment take out a clinical negligence case while you have an ongoing NHS complaint.

When you are contemplating making a medical negligence claim you need to think about what constitutes a reasonable standard of care. In many cases this is whether a doctor’s actions are recognised as being proper by a body of medical opinion. Whatever the definition, if a doctor is found to have provided an adequate standard of care, then there has been no medical negligence and no medical malpractice.

Medical negligence is a serious issue and as a result you need to be able to demonstrate that the treatment received caused problems/illness to progress or begin. In some cases you may have to produce an expert witness whose job will be to present expert testimony that will establish the facts of your medical negligence case and give you more of a chance of being successful within it.

Helen is the web master of Accident Consult, specialists in all aspects of Medical Negligence claims.

How do I claim Medical Negligence? / Author: Helen