Author Box
Articles Categories
All Categories
Articles Resources

How The Compensation Claim Process Works

May 09, 2012 | Comments: 0 | Views: 141

The term 'medical negligence' refers to a situation in which a person suffers harm or injury due to negligent care, or error in treatment, by a medical professional. All medical professionals - whether doctors, nurses, anaesthetists, lab workers, physiotherapists or any other professionals - are duty bound to take care of their patients.

For a Successful Claim

In order to be awarded damages in a medical negligence claim, the patient or his family should successfully prove that the doctor (or healthcare professionals) had a duty to take care of the patient and not cause harm or injury to him; the medical negligence breached that duty to take care of the patient; the patient has been harmed, injured or traumatised due to the negligence or error; and that the patient has suffered damages, or loss of any kind due to this.

Breach of Duty

While it is easy to prove that the doctor was duty-bound to care for the patient, the next step is a bit harder. The patient (or his legal team) has to prove that the doctor was negligent during his treatment of the patient, and that his standards of treatment or caretaking went below the common standard for professionals in that field. In cases where patients undergo treatment at private clinics or hospitals, the doctor can be sued for breach of contract if he promised certain results which failed to materialise after the treatment. In some cases, the negligence aspect can be very clear, like when surgical instruments are left inside the patient's body, or when the surgeon amputates the wrong limb by error.

Effects of Breach of Duty

After proving that there was a breach of duty, the patient's solicitor must also prove that the medical negligence caused harm, injury and trauma to his client. Some kinds of negligence can be proved more easily, while some others cannot. In some cases, injury can be proved easily, but it is difficult to prove that the patient suffered from mental or psychological trauma due to the error. Then, the solicitor proves that the patient has suffered damage from the negligence. This damage could include physical injury, psychiatric injury and even financial trouble due to the negligence. Any psychiatric injury should be recognised medically and by the court (Eg., Post Traumatic Stress Disorder), and the patient or his family cannot be compensated for grief or emotional upset.

Liability and Compensation

The burden of proof, or the burden of proving negligence, rests upon the claimant. The doctor, nurse or medical professional attending on the case is liable for any negligence that occurs. In addition, the hospital or clinic may be liable too. If the medical professional is an employee of the health service, then the health authority or trust is liable.

If medical negligence is proved, the patient (or his family) can receive medical negligence compensation for any injury or harm (physical or mental) suffered due to the negligence; any financial difficulties arising due to the same; compensation for any lifestyle changes that will have to be made due to the injury; and compensation for any expenses associated with further treatment, or the legal proceedings.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors and specialists in medical negligence compensation claims.

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Medical Negligence


Compensation Claim

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 234

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 240

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 243

All of us have been to our local hospital's Accident and Emergency department at some point, be it for a spot of DIY gone wrong or a sporting accident. Cases in A&E are generally dealt with quite

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 25, 2012 lViews: 212

The birth of a child is one of the greatest and most joyous moments in the life of the new parents, and if the child is born healthy and without unexpected complications this is often the case. On

By: Michael Siebenl Legal > Medical Malpracticel June 18, 2012 lViews: 276

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition.

By: Noel Boensell Legal > Medical Malpracticel June 16, 2012 lViews: 186

Pressure ulcers are more commonly referred to as bedsores. These sores are not something that we can all expect to have when we grow older. Anyone with a loved one in a nursing home or care facility

By: Dave Abelsl Legal > Medical Malpracticel June 16, 2012 lViews: 166

Thankfully, medical negligence isn't that common but there are still lots of people who have suffered misdiagnosis, the wrong prescription or a surgical accident that has led to discomfort, a

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 15, 2012 lViews: 173

There exists several forms of medicinal negligence and no any two cases are always similar. Medical malpractice cases usually involve very many medicinal areas. As opposed to the common perception

By: Jack Quincyl Legal > Medical Malpracticel June 12, 2012 lViews: 155

Preserving a carpet from spills and stains can be a difficult task regardless of the amount of care taken around the home. When a stain occurs, the initial thought is often to rearrange the furniture

By: Ben Stuart Greenwoodl Home Improvement > Cleaning Tips and Toolsl June 19, 2012 lViews: 290

The term 'medical negligence' refers to any harm or injury a person has suffered from, due to negligence or error in treatment by a medical professional. A medical negligence solicitor is a person

By: Ben Stuart Greenwoodl Legal > Medical Malpracticel May 10, 2012 lViews: 159

To err is human. Random accidents and mistakes are very much a part of life just that it is quite difficult to come to terms with them especially on the medical front. Doctors and other healthcare or

By: Ben Stuart Greenwoodl Legal > Medical Malpracticel May 08, 2012 lViews: 205

Any person who has suffered any kind of damage, scarring or other problems due to medical negligence during cosmetic surgery has a right to claim compensation for cosmetic surgery negligence. A

By: Ben Stuart Greenwoodl Legal > Medical Malpracticel May 04, 2012 lViews: 165

Saving on office supplies is a time-tested way to keep a budget under control. It is a methodology that has been followed by several companies, both small-scale and large-scale, over the years. One

By: Ben Stuart Greenwoodl Business > Small Businessl April 20, 2012 lViews: 263

To function efficiently, a business must benefit from an effective office management system. Creating and maintaining an office supplies inventory will aid employees in performing their daily tasks

By: Ben Stuart Greenwoodl Business > Managementl April 19, 2012 lViews: 271

Discuss this Article

comments powered by Disqus