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Why are medical negligence claims so complex?
Medical negligence can be defined as professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. In trusting yourself to a medical professional, you are entering a contract in which the medical staff have a duty of care to look after you to the best of their abilities. This includes adhering to certain standards and regulations and implementing ‘best practice’ procedures at all times.
In the event that this is not adhered to, the patient or relatives of the patient have the legal right to seek compensation for the consequences of any mistakes. While this might sound straightforward, it can be more complicated than it sounds.
In order to pursue a medical negligence personal injury claim, the burden of proof lies upon the victim or victim’s family. In cases such as these, there tend to be four areas that need to be examined and proven:
- It must be established that there was a legal duty of care from the medical professional to the patient. In turn, it must be defined what that duty of care entailed and what the standards of best practice and other regulations were deemed to have been at the time of the incident.
- It must be established that the duty of care was broken by the professional or organisation in question.
- Further, it must be established that this breach of the duty of care is directly responsible for the injuries sustained by the patient. The patient’s testimony and hospital records are often used to support and prove a claim of this sort.
- Finally, the extent of subsequent injuries must be proven and noted. There may be emotional ramifications to consider but, ultimately, it is the extent of the physical injuries that will have the greatest bearing on the amount of compensation awarded.
Time is of the essence
In addition, there are certain time scales to be observed. The time limit in which a claimant can launch a medical negligence case varies according to a number of factors - typically between one and five years. If a claim is to be made on behalf of a child, a ‘litigation friend’ must be appointed and they too must adhere to certain strictures.
The success of a case depends on the strength of the evidence and the victim’s awareness of their legal rights. In addition, anyone considering launching a claim of this sort must have a good working knowledge of the complexities of medical law. Because of these factors, anyone looking to pursue a claim for medical negligence would be best advised to seek the services of an experienced and specialist personal injury lawyer. Lawyers of this sort are not only well versed in this field, but they are continually revising the constant changes in the Law - changes that may well have significant impact on the potential of the case to succeed.
For some, no amount of compensation can ease the grief, pain or discomfort of an incident of medical negligence. But it may help to ensure that those mistakes are never made again and that no-one else has to suffer the consequences of a breach of that all-important duty of care contract between patient and medical professional.
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