Does your Medical Negligence Claim hold water?
Medical negligence claim is retaliation to a substandard medical practice. In general, any act on part of a medical person which doesn’t comply with accepted healthcare criteria such as rendering an incorrect treatment or conducting some experimental medical procedure on a patient thus subjecting him with more injurious conditions than his previous ones. Upon such unexpected damages inflicted on patients, tort law provide the victims with the option of medical negligence claims–anyone who feels to be suffering from an undue injury or pain caused by doctor’s malpractice is permitted to pursue a compensation claim against the responsible person.
Malpractice or negligence in medical treatment could be shown by a physician, a nurse, a hospital or anyone in the health-care team. No one has immunity from medical negligence claims UK, as all medical persons and institutes owe a responsibility of providing health-care in an accurate and responsible manner on the defiance of which they will have to face the music.Medical negligence claim is a way not only to protect patients’ rights but it also helps in bringing negligent medical practices in light.
However, it is big deal to get through the hurdle of medical negligence claims. Though there are numerous solicitors available who are adept in medical negligence cases and can help maximizing claimants’ winning probability, but for that they require heaps of evidences to bolster the case. Each and every aspect of negligence claim should be substantiated by proofs in order to counter the defendant’s statements. For successful proceeding your medical negligence claim must have following grounds:
- Whoever you think is responsible for botching your treatment and causing you uncalled-for injuries must be shown to have a duty of medical care towards you. It means that the hospital or physician who provided you negligent treatment must have a legal health-care duty otherwise your medical negligence claim will not be valid against them.
- If you successfully prove that the accused medical practitioner owed you a health-care duty when they treated you, now it should be proved that duty was breached. As health-care duty has specific standards that all practitioners are expected to meet, and any deviation in this regard would be taken as a breach of the duty ensuing medical negligence claims UK. The medical experts from same specialty as that of accused practitioner investigate the case and verify if purported negligence occurred. Expert reports determine that what should have been the standard course of treatment and that where the accused practitioner had shown negligence if any.
- There should not be any other reason behind the injuries claimed to be caused by negligence. Just suffering complications or injuries after a negligent treatment does not provide solid grounds for medical negligence claims UK; you must be able to establish a direct link between your injuries and said negligence.
- You must be in possession of your medical records and receipts of the expenses that you incurred due to said negligence.
This article is intended give you a comprehensive understanding of the grounds essential for a valid medical negligence claim. Before going on with negligence litigation you must ensure if your case carries above mentioned points. medical negligence claims UK