Author Box
Articles Categories
All Categories
Articles Resources

Medical Negligence - Who Is to Blame and Is It Right to Claim?

April 12, 2012 | Comments: 0 | Views: 91

Errors committed by medical professionals in the course of their work result in hundreds of thousands of medical negligence claims every year. Either an institution or an individual practitioner may be at fault while dealing with patients under their care. GPs, hospital doctors, surgeons, clinicians, nurses and orderlies may be individually to blame, otherwise a patient's condition may represent an institutional shortcoming, such as the high profile failure of many hospitals to deal with the MRSA virus in recent years. Wherever the responsibility lies, the result will often be potentially high value clinical (medical) negligence compensation claims against the private or public health care provider concerned.

Medical negligence claims are often complicated affairs, some of which last for years, and this is only partly explained by ramifications of medical decisions, and the depth of bitterness involved in many cases.

To prove negligence it is necessary to show that a medical professional (or institution) acted in an irresponsible manner, and differently to how you would expect a reasonably competent fellow professional to act in the given circumstances. Comprehensive evidence can be difficult to obtain, and the reluctance of the medical profession as a whole to admit failings is a factor in this. Courts must also determine whether medical negligence claims have any public benefit, as the provision of health care is of such critical importance to society.

General Practitioners are routinely at fault for failing to diagnose a patient, or misdiagnosing, and subsequently prescribing the wrong medications or course of treatment. Where this is the case, the medical professional involved will have failed to treat a condition properly, and may have prolonged and potentially worsened it.

Otherwise medical errors can be the direct cause of an independent injury, illness or disease. Surgeons may commit errors during operations, nurses may neglect patients, or medical institutions may fail to carry out the necessary tests, and subsequently fail to refer patients for the further treatment that they require. Whatever the circumstances, the consequences of decisions, actions and inaction in medicine are often dramatic and profound.

Medical negligence claims have the tangible long-term benefit of driving up standards across the medical profession, as well as leading to groundbreaking court decisions, which are often greatly to the benefit of society as a whole. Realism must always trump personal considerations and complex feelings of shock, anger, loss, guilt and blame. Medical professionals are as susceptible to human error as anyone else, and often operate under incredibly trying conditions. A reasonable level of competence is however expected of them, and where individual medical practitioners or institutions fail to meet this minimum standard of care, they may be found to have acted negligently, and will be liable to pay compensation for their errors.

Harry Marldon is often asked; how much compensation would I receive for suing for medical negligence? With the help of expert negligence solicitors, they will advise best how to sue for medical negligence on a no win no fee basis.

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Suing For Medical Negligence


How To Sue For Medical Negligence

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: 292

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: 430

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: 235

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: 242

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: 390

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: 244

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: 213

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: 187

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: 167

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: 174

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: 156

Discuss this Article

comments powered by Disqus