posted on 23 02,2018 / 8:29 am
Medical negligence is when an individual lays a claim against a medical practitioner. This must be specifically due to a medical injury. The injury must have been caused by below acceptable medical treatment. Clinical negligence compensation claims are not necessarily to punish the practitioner. They are first to validate what has happened to the patient. Secondly, to leave them with necessary compensation that reduces or prevents their relevant suffering. According to Negligence Claim Line, the highest case of clinical negligence compensation claims falls into orthopaedic surgery. Accident and emergency claims are the second highest. A more positive statistic is that 96 % of NHS overseen cases are settled before court.
Proving clinical negligence can be difficult. You or your solicitor needs to prove that 50% of the treatment you received was not up to par. Further, then this, it must have had a real-life negative impact on you and your wellbeing and. The medical injury must also not have been caused by an already underlying condition. Further, then this you need to prove what exact, medical injury damages or earnings lost have come about as a result. To do so the case will need to past the ‘Bolam’ and ‘Bolitho’ tests. These look at what most practitioners would have done in the same situation. To do this your solicitors will need access to all your records of a medical nature. It is imperative with clinical negligence compensation claims that you hire a solicitor to assist you with the claims process.
It is always possible to make a claim for medical negligence if you think that the medical injury was due to a breach of a duty of care on part of a medical practitioner. You can make clinical negligence compensation claims on a ‘No-win No-Fee’ or conditional agreement basis where you only need to pay a part of the won claim if the claim does eventually win. On top of this, many of these medical negligence claims cases can last up to and over 2 years depending on the severity of the injury and complexity of the case itself.
When it comes to making a medical negligence claim as mentioned, it is important to gain legal help. Choose one of our solicitors to assist you in making your clinical negligence claim. If you would like a more in-depth look at the medical negligence claims process then you should read What Does a Claim for Clinical Negligence Compensation Entail?