Essential Ingredients in Medical Negligence Claims
Posted by robertandrews on December 21st, 2012
The success of medical negligence claims depend on several factors. The solicitor handling the case, presentation of evidence and evaluation of the compensation for the claims are all essential in processing the claim.
Consulting a credible lawyer is the top most consideration in medical negligence claims. An extensive knowledge and experience in personal injury claim is important in handling the case. Medical negligence covers a wide area involving claims for hospital negligence, prescription of incorrect medicines, birth injury, cancer, dental negligence, orthopedic, ophthalmology, plastic surgery, anesthetic negligence, pediatrics, ENT treatment, surgery, general practitioner and equipment failure.
Presentation of evidence is necessary to prove the validity of the claim. The claimant needs to provide pieces of evidence like medical records, hospital bills, receipts and expenses related to the injury.
Evaluating the compensation for injuries gives the claimant an idea on how much can be awarded by the court. It depends on the impact of the injury including its effect on the patient’s daily activities. The claims calculator is used to estimate the value of the compensation. There is an estimated amount for each injured portion of the body.
The above-mentioned factors are weaved together to paint a successful claim for personal injury in the United Kingdom.
How to Bring a Claim for a Malpractice
Medical negligence claims can be complex. This is the reason why the injured person needs to meet the requirements for personal injury claim.
First, the victim of negligence needs to prove that the health care provider owe a duty of care. All health care professionals including doctors, dentists, nurses, general practitioners, physiotherapists, surgeons and hospital staff owe a duty a duty to take care of the patients. The victim can make a claim against, a doctor, NHS hospital or private hospital.
Second, it is important that the health care provider breached the duty of care. Failure of medical provider to comply with the standard of care set by the medical community is negligence.
Third, the breach of duty causes injuries to the claimant. Injuries can be physical, psychological or financial. The claimant needs to show solid evidence to show the validity of his claim.
Lastly, causation between the breach of duty and injury needs to be established. The offending party’s negligence caused injuries to the victim.
Injuries can be sustained from mistakes due to a misdiagnosis of diseases, delayed diagnosis of cancer, prescription of wrong medicines, misdiagnosis of infection, surgical errors, negligent dental treatment and foreign object left inside the body.
A specialist solicitor assists in making a compensation for malpractice. It is recommended to seek legal help to know the details of the claim.
