Medical Negligence: How Does It Work And Can I Claim?

Medical Negligence

Medical negligence could affect anybody visiting their doctor’s surgery, or going under the surgeon knife, or maybe in the back of an ambulance or in hospital. Being a patient under the care of a doctor is probably the only occasion where we would unconditionally place our entire welfare in the hands of a healthcare assistant.  We need look no further then the current travesty within the NHS at the Stafford Hospital in Staffordshire where mismanagement, mistakes, neglect and abuse has left 1200 patients dead and no-one to-date has been fired. What Is Medical Negligence And Can I Claim?The Stafford Hospital bosses have been accused of putting cash before care which has resulted in over a thousand claims for medical negligence.

The costs for claiming medical negligence in the Stafford Hospital fiasco will run into hundreds of millions of pounds and a further £13 million will be spent on investigating this appalling scandal and it is the taxpayers that will pick up the bill. This fiasco has highlighted over 100 other NHS hospitals that are to be inspected in the wake of these claims for medical negligence.

Definition of Medical Negligence

Today the term medical negligence is often referred to as “clinical negligence” by solicitors acting on behalf of their clients.  The process of medical negligence is where a patient takes a member of their medical team or and individual that treated them whilst in hospital, in an ambulance or at a doctors surgery for example to a court for financial recompense.

For a patient to bring a successful case of medical negligence against a hospital, surgeon, doctor or nurse they must show beyond reasonable doubt that the medical assistant or hospital owed them a ‘duty of care ‘and that they were negligent in their management and that they the claimant had indeed suffered harm as a direct result of being treated by them.

Anyone claiming medical negligence will need to prove liability (that the medical attendant had acted in a way no other similar professional would have done in a similar situation) and causation (which is proving that the harm caused to the claimant would not have occurred had it not been for the action of the defendant and it was more than 50% likely to have caused them the harm) in order to obtain any recompense.

A solicitor acting for a client will assess the claimants’ loss in terms of quantum losses which is the calculation of any future and current loss of earnings as well as any reduced loss of quality of life or any mental anguish suffered. The claim for these quantum losses would be in the form of a financial reward to compensate the victim.

Find The Right Medical Negligence Solicitor

The definition of medical negligence is different in every case as no two cases of medical negligence are the same.  So it is important that following any medical situation that you believe has caused you harm, you should contact a medical negligence solicitor to take advice.  Always look for a solicitor that specialises in medical negligence as they will have the specific knowledge and experience to advise you and help you claim the correct compensation following a medical mistake.

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