Medical Negligence Instructions to File a Claim
Medical negligence is care that is below average provided by a medical professional to the patient that has caused injury or makes an existing condition to get worse. There are several ways in which medical negligence can occur, such as wrong diagnosis, wrong treatment, or mistakes that occur during surgery.
Claims for medical negligence may look complicated, but there are so many things you can do in order to make the process as easy as possible. Below are questions about making claims on medical negligence.
How can I apply for a claim?
To apply for a medical negligence claim, the first thing to do is contact specialized attorneys. From here necessary things will be taken care of. There are some lawyers that provide a free consultation to discuss what has happened and if you have a legal claim.
How do you prove a case of medical negligence?
In order for your case to be successful, there must be an evidence to prove that you have received negligent treatment that has caused injury or as played some part in worsening an existing condition.
How Much Can you claim for Medical negligence?
The amounts of compensation you can claim for medical negligence vary and depend on the following:
- The scope of your injury/illness
- All the expenses you had
- Your future care needs
Do you need to visit a law court?
Cases of medical negligence rarely come to court, and only the most complex cases succeed in getting to court. However, if your case is brought to court, you will get help from your lawyer who will assist you through this process. Many clients are surprised that the atmosphere of the court is much more relaxed than they expected.
Are there any deadlines for claims for medical negligence?
In general, the period of time you have to apply for medical negligence is three years from the date your injury was related to a medical error (not necessarily the date you suffered an injury). However, there are exceptions to this rule.
Will my claim affect my treatment?
Claims should not affect your treatment and it is very unusual for clients to think this has happened. If you have any doubts, your lawyer will always be happy to help. You will be offered to advise you on your rights and, in some cases, you will also be advised on how to transfer care to another hospital if you do not feel comfortable in the hospital where you are neglected,
How long does it take to deal with medical negligence?
Efforts will be put together so that are your claims are settled as quickly as possible while at the same time ensuring that you receive the compensation you deserve. How long it will take depends on what happened in your case.
How Can Pressure Sores Be Caused By Medical Negligence?
Negligence may cause or exacerbate pressure sores if:
- The person stays too long in the same position
- The patient does not have a suitable bed
- The staff does not clean and does not cover the wounds
- The staff does not recognize the development of the sore pressure and takes steps to avoid it
What are the most common surgical errors?
A lot of clinical and surgical negligence claims will be handled. Some of the most common cases may include:
- Failures to diagnose appendicitis
- Failures to diagnose ectopic pregnancy
- Perforation of the bowel during abnormal pregnancy
- Hemorrhage after gynecological surgery
- Wrong size prosthesis being used in surgery e.g. knee or hip joint
- Damage to the bile duct following gallbladder surgery
Do you offer legal assistance for medical negligence claims?
Yes, legal assistance will be provided if the child has suffered brain injury during the pregnancy/delivery that resulted in severe disability. Funds for cases can also be made available by this method, but only if it is considered “Exceptional”.
Will I need a medical examination if I file a claim for negligence?
You are likely to need to consult a medical expert to estimate the extent of damage/injury you have suffered due to negligent treatment. It is important to get a professional advice from another medical specialist who will help you with your claim.
Can I apply for medical negligence on behalf of my child?
Parents or guardians may apply for medical negligence claims on behalf of their children. There are lots of claims related to children which have been done. This way, there will be a discussion with you about how the claim will be handled and other information such as deadlines.
We are one of the few law firms available to help you liaise with the court directly to assist in managing the affairs of your child. We can also help you identify the trust in personal injury that can help you manage the compensation that is being given to protect the future of your child.
Which types of cerebral palsy can be caused by medical negligence?
Cerebral palsy can be caused by medical negligence when there is a lower quality of care during pregnancy and childbirth, which causes a brain hemorrhage or lack of oxygen in the baby’s brain. If brain infection is diagnosed late, cerebral palsy may also occur.
What Is “Causation” In Medical Negligence?
Causation is a term used by lawyers that simply describes the extent of damage caused by negligent treatment.
Take for instance, if you had a pressure sore that turned into serious skin tissue injury. Causation can be proven by looking over a diagnostic delay or the degree of treatment you receive to prove the disease worsens over time.