Friday, December 15th, 2017

Claiming for Clinical Negligence with a Compensation Lawyer

January 8, 2011 by drewloupsen  
Filed under Legal

People who believe that they have suffered harm as a result of mistakes made by medical professionals who were caring for them may be able to claim compensation with the help of a compensation lawyer. Medical professionals caring for patients have a duty of care. Therefore they must act correctly and appropriately and generally take proper care of the patient. Amongst the most frequently cited examples of clinical negligence are delayed or entirely missed diagnosis, botched surgery or errors in childbirth.

For some patients who have been injured by a professional’s negligence, there is no need to contact a compensation lawyer. Many patients, particularly those who suffered only minor problems, are happy enough to receive an apology and some sort of guarantee that the same problem will not happen again to another patient. This is why it is a good idea to begin with making a complaint informally rather than jumping right in with legal action. If this does not lead to an acceptable resolution, or the patient doesn’t feel able to do so, they can make a formal complaint. Each and every health trust and doctors surgery will have its own procedure for making formal complaints. Also, there are independent authorities such as PALS (Patient Advice and Liaison Service) which can be of assistance. Apologies and occasionally monetary compensation are generally the result of such complaints.

If a patient does not feel that his or her complaint has been resolved after the formal complaint process then they may wish to speak with a compensation lawyer. The compensation lawyer will start by applying (with the patient’s permission) to see the medical records in question, have them reviewed and then come to decision about the strength of the case. This area of the law is complex because it must not only be proven that there was negligence, or a failure in the duty of care, but also that that failure directly contributed to the injury.

A solicitor will have a good idea how likely a case is to be successful and will begin legal proceedings if the chances are good. Time limits dictate that claims must be launched within three years of the event, or within three years of it becoming apparent if injury wasn’t immediately obvious. Patients may be able to find a compensation lawyer willing to handle their case on a no win no fee basis.

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