Get the Picture How do Medical Negligence Claims Proceed
Doctors and other medical persons are blindly trusted by people. Their advices are religiously followed by many patients and they are not imagined to perform any negligent action. But unfortunately, a large number of medical negligence claims UK hints at the dark side of this picture. It shows how worst it could be when learned medical practitioners, who are trusted upon, commit mistakes. Then the victims of such malpractices look out for the ways to deal with the situation. So, it is good you trust your doctor but for being on the safe side you must be conversant with how to tackle unforeseen complications and how to go about medical negligence claims.
For understanding the nitty-gritties of malpractice litigation procedure, it is wise to pore over how a legal practitioner attends to a medical negligence claim and how he ensures compensations for his clients. Following are given some essential elements of a negligence litigation:
Duty of Care:
The patient, who has been victimized by medical negligence, must bear out that the doctor by whom he has been treated owed a duty of medical care towards him. He also has to support his medical negligence claim by establishing that the doctor was negligent during the treatment which caused him injuries. But in the cases where accused practitioner is found to be a quack or some unlicensed professional, no compensation is given to the victim since he is not legally liable for providing healthcare, but legal action can be taken against his illegal practice.
Liability and Causation:
The claimant must also prove causation and liability for winning medical negligence claims UK. Both of these elements are crucial as court does not award any compensation without these proofs.
Liability means to provide evidences forthe medical negligence perpetrated by practitioners or their assistants. For medical negligence claims it is fundamental that claimant has undergone some medical treatment falling below the healthcare standards. Since no medical professional is expected to deviate from accepted standards, if it is founds so he is held responsible for his negligent acts.
Then comes the stage of proving causation for medical negligence claim - It means to provide evidence for establishing link between claimed negligence and injuries suffered by the patient. A lawyer expert in medical negligence claims UK is in charge of showing that medical negligence was the only cause of injuries and losses born by the claimant. Not only present but future implications of said malpractice are also considered to apprehend the extent of losses caused by mere negligence of a practitioner.
Letter of Claim:
Once all evidences are in place to prove liability and causation, the defendants must be formally informed of the medical negligence claim lodged against them. The claimant’s lawyer sends a letter of claim to the accused doctor or the hospital. Then depending upon defendant’s response to this letter either court proceedings starts or matter is solved out of court. medical negligence claims UK