How to Make Hospital Negligence Claims
September 5, 2010 by drewloupsen
Filed under Legal
If a patient suffers an injury because of the negligence of the doctor, nurse or person treating them then they might well be entitled to make hospital negligence claims to win financial compensation. This compensation can be a vital lifeline for people who may be unable to work as a result of the injury they received due to negligent care. Remember, however, that hospital negligence claims are a complex area of law and that not all patients are entitled to claim.
Hospital negligence claims may be made following negligence which takes many forms. As well as in hospitals, it can occur in surgeries and clinics, or anywhere were medical treatment is carried out. Negligence may arise as a result of poor training or lack of regular training keeping professionals updated with latest techniques. Other times, simple human error causes negligence: misreading drugs charts or writing illegibly can cause sometimes grave mistakes. Indeed, according to estimates, thousands of patients die every year because of mistakes and negligence.
If a medical professional’s care is below the standard which would reasonably be expected of a competent practitioner then that is negligence. However, negligence alone does not give a patient the right to make hospital negligence claims.
Proving that negligence took place is in itself a complex task. Because there are generally several acceptable ways of doing things in the medical profession, using any recognised technique means negligence has not taken place. In other words, just because one doctor might have acted differently, doesn’t mean that negligence has definitely taken place.
Claims are not always successful, even once negligence has been proven. The claimant and their solicitor must demonstrate that the injury suffered was a direct result of the negligence and would not have occurred any other way. Whilst this may sound rather simple, it is not always easy to prove that the injury was not brought about by the original problem for which the patient was undergoing treatment.
Speaking to an experienced solicitor is very important if you think you may have grounds for hospital negligence claims. Because this area of the law is so complex it is important to choose your solicitor carefully. A law firm with a long history of working on hospital negligence claims with a good success rate will be in the best situation to advise you.