| Medical Billing Articles (updated Frequently)
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| Medical Negligence Claim - Has Your Well-Being Been Affected? |
| By: Mumtaz Shah |
Historically, courts in England and Wales have been very
reluctant to find in favour of a plaintiff in any medical
negligence claim brought against hospitals or local
authorities.
Thus, in order to determine whether or not you have a claim for
medical negligence, it is essential that you seek the advice of
a medical negligence solicitor as soon as you possibly can after
the event that transpired that led you to believe that you were
entitled to injury
compensation.
Overview - Establishing A 'Duty Of Care'
The crux to any medical negligence claim you make, whether such
be against the doctor who operated on you, the hospital where
you had the treatment, or the local authority under whose
control the hospital comes under (or the NHS directly itself),
is being able to prove that you were owed, what is known in
legal jargon as, a 'duty of care'.
In this regard, clinical negligence will arise if you were owed
such a duty of care and you were not treated with a reasonable
degree of skill that would otherwise be expected from a skilled
medical practitioner.
As such, if your doctor treated you in such a way that it could
be considered careless, or lacked the training required, or if
they disregarded the normal rules associated with treating your
problem, then you may have grounds for a medical negligence
claim.
Keep in mind, however, that previously the courts have said that
even in situations where doctors have been 'on-call' for 24 and
36 hours, or more, and mistakes were made due to fatigue in
service, a medical negligence claim may not get intimidated -
so, it is imperative that you have a medical negligence
solicitor representing you and protecting your interests from
the outset if you want to stand any chance of winning your
medical negligence case.
The 'Standard Of Care'
You would have thought that being a doctor was sufficient to
assume that they should know what they're doing and have
reasonably foreseen if they did cock-up, as it would result in a
clinical negligence claim.
It is unfortunate in the UK, in any accident
claim that involves doctors or medical practitioners,
things can get nasty. For them it's wasted years of education if
they get banned.
The medical profession is a close community and in most cases
they will not admit that someone within their profession was
negligent unless the actions of that person could be considered
grossly negligent. For this reason you'll need a good and
experience solicitor in medical negligent claims.
Prescription Period
If you believe that you have a cause to sue for medical
negligence compensation, then you are required to start your
claim proceedings within three (3) years from the event that
caused the accident injury.
If you are entitled to claim, one of the few exemptions to this
rule is medical incapacity. Otherwise, if you do not start your
injury
claim process before this time, you will forfeit your right
to claim for compensation. As such, if a med neg situation does
arise, see a specialised solicitor as soon as you can.
Cannot Afford To See A Solicitor
If you believe that you cannot afford to seek the advice of a
medical negligence solicitor following what you believe is
clinical negligence, don't worry - you can find solicitors these
days who are willing to listen to your story and submit a claim
on your behalf based on a 'no win no fee' basis.
Fortunately, in some cases no win no fee solicitors don't even
take a consultation fee from you. You can make arrangements with
your solicitor who will submit a claim for their fees at the
conclusion of your case against the insurance company of your
opponent (after you win).
So, if you believe you have a claim for medical
negligence, don't be put off seeing a solicitor until
tomorrow, go and see a no win no fee specialist in medical
negligence today.
About the author:
It's easy to proceed with a medical
negligence claim and gain maximum results without the
hassle, costs and confusion. Discover the 12 revolutions of
medical claims at http://www.100Percent-Compensation.co.uk
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