The term medical negligence is becoming a lot more common and used than in previous years. It seems that more and more people are claiming fault with the medical environment with many patients feeling that the treatment they have received was not what they expected and that standards seem to be slipping. It is clear from statistics that medical negligence complaints are on the rise with a lot of hospital spending being secured for law suits that maybe brought against them. This is unfortunate as hospitals are always in need for extra funding and this money could be used to better the medical profession and services.
What is Medical Negligence?
Medical negligence is the act or omission of a medical staff whether they be a carer or surgeon that the standard in which a specific treatment or service that was carried out was below the standard that was expected and as a result an injury or illness has occurred which in events could have been prevented.
The negligent act could have made the patient worse within their illness that is already present or could have caused an entirely new one. The injury may be one that has affected the mental state of the patient and therefore not physical for the eye to see but present within the mind of the victim of medical negligence. It may not always be clear from the start that medical negligence has took place it may be sometime after the event that it becomes clear that something wasn’t quite right.
Where Can Medical Negligence Take Place?
Medical negligence can take place anywhere where a person considered a health worker works. People maybe under the impression that negligence of a medical nature can only happen while at hospital however a negligent act can be committed by a carer in a person’s own home, nurse, dentist, doctor or surgeon. Therefore medical negligence can take place in many places but inorder for it to be medical negligence it must happen due to the substandard service or treatment of a health worker.
When is the Right Time to Make a Medical Negligence Claim?
Once you are aware that a medical negligent act has happened it is important to decide at that point if making a claim is the way you want to go forward. In some cases victims may just want an apology, for the practitioner or health care worker to accept responsibility for the negligence that has occurred. In this case a letter to the hospital or facility where the negligence took place stating your case and how you would like it to be dealt with maybe an option.
If you are not happy with how that went or you feel that you would like to take the case further then contacting a law professional would be your point of call. It’s important to note that if you do wish to make a claim through the courts that acting quickly is the best policy. Although there is a 3 year time limit the sooner you take action the better as the information will be fresh, clear and accessible.
Although there is a 3 year time limit there are events when the time limit is extendable. If the negligence happened to a child they have until 3 years after their 18th birthday to bring a claim to court or if the victim has a mental illness at the time of the negligent act the time limitation will not begin until they have recovered and in the event that they do not recover the time limitation is open ended. In all cases the judge has the deciding decision and if a claim is brought before the judge that as exceeded the time limitation it is only the court who can decided to extend it.
Who Can Make a Claim for Clinical Negligence?
If a person feels that they have received treatment or a service by a healthcare worker that was not at the standard that they expected which inturn has had some bearing on their life then they can argue a case of medical neglect. However family members who are responsible for the victim can also claim if the victim themselves are not able to. If the victim has sadly passed away maybe the negligence had a knock on effect that lead to the victim’s death then a family member can claim on their behalf. Also if a child has been affected by a negligent act the parents or guardians may wish to pursue a claim for the child affected. If a person is suffering with mental health issues is unable to make the claim then another person can make a claim on their behalf.
How to Make a Medical Negligence Compensation Claim?
Medical negligence is complex and medical negligence law even more so especially to the general public who have little understanding of how the law and its regulations work when it comes to medical negligence. It takes a highly specialised solicitor to fully understand the way in which the law works when it comes to clinical negligence as much of the jargon used has been studied by the qualified solicitor.
Inorder to get the claim process moving it wise to investigate professional solicitors who deal with medical negligence cases so that the case can reach its full potential. Using tools such as the internet and news articles to investigate the experience and success rates of law firms is a good place to start as it’s important that your case is completely understood.
Why Should A Victim of Medical Negligence Make a No Win No Fee Claim?
Actually deciding to make a claim is the hardest part because very often people are divided. Victims of medical negligence feel let down by the medical profession, that the duty of care has been breached and that the service or treatment that was provided was below standard and with health being of the up most priority such things should not be allowed to happen. Some victims of medical negligence are satisfied with an apology and an omission that these things should never happen. UK specialist medical negligence claims no win no fee solicitors MedicalNegligenceAssist claims service has been very successful with hospital related negligence cases on the birth injury negligence category.
However some cases of clinical negligence are quite a lot more severe than others. The consequences of the negligence may heal for some people over time and they can return to active normality after so long for others this is not always the case and complete rehabilitation may not always be achievable. Some victims who are left with lifelong effects of the negligence may need help in all sorts of forms including help with money if they are left without the prospect of gaining employment or they need specialist equipment to get around i.e. a wheelchair. Especially those left with brain damage that will need constant care which funds from claiming compensation may offer.
For the people who suffer illness and injury that cannot be reversed and suffer everyday as a consequence, who cannot live a life as intended claiming any sort of compensation may offer a bit of an easier future than without it. Also when making a no win no fe claim against a NHS hospital it could then cause the the NHS to improve their services at that particular hospital.