Medical Malpractice UK Law Blog
Thursday, 10 November 2011
Are You Entitled To Medical Negligence Compensation?
Whether it's a checkup at the local doctors or a full operation at a hospital, healthcare is something we all rely upon at some point in our lives. Every year, millions of people pass through the doors of a medical institution, expecting to emerge healthier and cured of their ailments.
However, this sometimes isn't the case. Even though medical professionals benefit from years of study and practice, accidents and mistakes can and do happen over the course of treatment. These incidents can be life-changing for a patient, affecting their quality of life drastically. Although not always preventable, these accidents usually come as a result of negligent treatment either through carelessness or incompetence.
Medical negligence can have serious detrimental effects on a patient and as such, large sums of compensation are often awarded to victims of negligent treatment. However, while thousands of victims claim the compensation they deserve every year, there are cases that fall below the radar and often go undealt with.
This is largely because the victims of these cases don't believe their case to be serious enough to deserve compensation. In truth, any treatment deemed to have fallen below a reasonable standard of care to the detriment of a patient's well being can be considered medical negligence, regardless of whether it led to a month off work or the need to retire entirely
So how does one go about claiming for medical negligence? Your first port of call should always be specialist medical solicitors, as legal cases centred around medical issues can be extremely complex. Pick a solicitor based on their previous track of cases and success - usually, they will feature some of their cases on their website. Through a consultation, you should be able to determine whether you have a case and how to proceed.
Proving you've suffered as a result of negligent health care is difficult, which is why a good solicitor is essential. To begin with, a solicitor will compare your course of treatment and the resulting issues with a 'standard' course of treatment resulting in full recovery and no ill effects. This procedure helps prove that the treatment you received was not up to standards.
However, this isn't enough basis with which to proceed with a case. You'll need to prove the injuries and ill effects you claimed you incurred through documentation. More often than not, this will be in the form of medical reports but can also come in the form of a psychiatric evaluation if you suffered emotional damage. You then need to prove that your quality of life suffered as a result of these ill effects.
On the whole, however, your solicitor will deal with putting your case together so don't be overwhelmed by the process. It's also important not to be put off by legal costs or guilt about suing a doctor or health trust - a wealth of financial support is available for the former while the latter is often dealt with via a special 'medical negligence' fund so there is no risk of bankrupting a well-meaning medical professional.
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