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Medical Negligence Cases

It may be slightly shocking but medical negligence cases are very common in this day and age, despite the obvious advances made in medical technology and standards of care.

But, within the United Kingdom, on a daily basis, there are compensation cases being raised because of patients not receiving the correct standard of care from some members of the health care profession.

Those working in such a field do so often under difficult and demanding conditions but in cases of human error or failure result in medical negligence cases and compensation claims being made.

medical negligence cases and claiming compensation

Medical negligence cases in which compensation claims are made are done so under civil law.

These laws are made up of various public policies which act in the best interest of society as a whole and the policies more often than not refer to a duty or standard which has to be adhered to.

Medical negligence occurs when health professionals fall short of carrying out their expected duties and injury is sustained by the patient under their care.

However, it is very difficult and an extremely complicated matter to show that a particular instance of negligence has led to deterioration in condition which could otherwise have been avoided if another route of action had been taken.

The most common cases often involve the following aspects of medical care.

• Surgery complications in clinics and hospitals

• Diseases arising from unclean conditions

• HIV/AIDS

• NHS and Nursing Home elderly care issues

• Claims involving children

• The wrong diagnosis being made or inappropriate treatment being administered

• Stillborn babies

• Bed or pressure sores

Once you have established that you have been the victim of medical negligence, prior to going ahead with medical compensation claims and to ensure claims are valid and likely to be successful, you will need to have a testimony from an expert in the field confirming that the injury or injuries have been sustained as a result of the treatment you received.

medical negligence cases

The statement will show that you were having treatment by or under the supervision of a person who is medically qualified at the time of the injury and that an acceptable standard of care was not reached.

An example of this could be a misdiagnosis of your condition or wrongly prescribed treatment for your complaint. You will also need to prove you are entitled to receive the amount of medical compensation you are claiming as far as loss of earnings, trauma and any other prevailing conditions are concerned.

The services of a specialist solicitor are required to help you though the ensuing procedure.

Solicitors who are experts in this area are usually members of AVMA which stands for Action for Victims of Medical Accidents and you can appoint a solicitor by contacting the AVMA directly or by asking the advice of the Legal Services Commission.

It is important that you provide your solicitor will all of the facts. This means taking your medical records along to your first consultation as well as a full account of the details of your claim.

Being armed with all the necessary information will enable the solicitor to advise you about your case, the amount you should claim as compensation and what the chances are of you being awarded compensation.