By Shannon L Smith
A medical accident can happen. You can be misdiagnosed, given the wrong medication, or your treatment may not work out because of medical complication. If you don't recover from an illness or there have been complications, this does not mean that there has been any medical negligence. If you undergo heart surgery, you know that there can be complications and you may not recover fully or the condition may reoccur.
The legal term used to describe a medical accident is 'clinical negligence'. What it means is that the medical practitioner did not give the proper care or treatment to a patient. This does not imply that the person was incompetent; it just means that they made a mistake and did not do the correct diagnosis or prescribed the wrong treatment.
What clinical negligence means that the, diagnosis was wrong; the proper treatment was not given, a mistake was made during surgery. It can also include; not giving the correct treatment, not warning you of the risks involved, not getting your consent to the treatment.
If you feel that any of these circumstances have occurred to you or to a relative of yours, you may be angered and confused about what course of action to take. You can seek a second opinion or talk to your doctor and tell him or her, what is wrong. Before you decide to take any legal action you must decide what are you seeking? Do you want an apology? Do you want to ensure that the mistake is not repeated? Or do you want compensation?
The whole case depends upon the extent of evidence provided by the client to the solicitor. The solicitor will consult a doctor to establish that medical negligence did occur. After gathering proof the solicitor will first talk to the doctor against whom the claim is to be filed. The doctor may decide to settle the matter out of court. The reason for this is that a doctor fears that if medical negligence is proved against him or her, they stand to lose their license to practice. In case the doctor refuses to pay compensation, the solicitor will file a claim on the client's behalf. Further, the solicitor will prepare the arguments on behalf of his client.
All these arguments will be done with the availability of proofs given to the court to get the decision accordingly. The medical negligence solicitor after proving his allegations against the plaintiff will get the compensation from the plaintiff or the insurance company. The plaintiff then is bound to pay the compensation in the shape of money which the court directs him to pay as soon as possible. If the plaintiff ignores or denies paying money, further action is taken against him.
If you want compensation you will need to hire a solicitor who is experienced in handling such cases. The solicitor will study your case, get a legal opinion on it and then tell you if you can get compensation. Remember all medical professionals have insurance and your solicitor will be defending your case against them. He or she will need to get help from experienced medical practitioners to help in the case. Filing a case for clinical negligence will be a long drawn process and can take up to ten years to get a verdict. If you are absolutely sure that a clinical negligence has occurred and you have all the evidence, only then get in touch with a solicitor. If you are unsure then its best to file an NHS complaint and get the matter resolved amicably.
The legal term used to describe a medical accident is 'clinical negligence'. What it means is that the medical practitioner did not give the proper care or treatment to a patient. This does not imply that the person was incompetent; it just means that they made a mistake and did not do the correct diagnosis or prescribed the wrong treatment.
What clinical negligence means that the, diagnosis was wrong; the proper treatment was not given, a mistake was made during surgery. It can also include; not giving the correct treatment, not warning you of the risks involved, not getting your consent to the treatment.
If you feel that any of these circumstances have occurred to you or to a relative of yours, you may be angered and confused about what course of action to take. You can seek a second opinion or talk to your doctor and tell him or her, what is wrong. Before you decide to take any legal action you must decide what are you seeking? Do you want an apology? Do you want to ensure that the mistake is not repeated? Or do you want compensation?
The whole case depends upon the extent of evidence provided by the client to the solicitor. The solicitor will consult a doctor to establish that medical negligence did occur. After gathering proof the solicitor will first talk to the doctor against whom the claim is to be filed. The doctor may decide to settle the matter out of court. The reason for this is that a doctor fears that if medical negligence is proved against him or her, they stand to lose their license to practice. In case the doctor refuses to pay compensation, the solicitor will file a claim on the client's behalf. Further, the solicitor will prepare the arguments on behalf of his client.
All these arguments will be done with the availability of proofs given to the court to get the decision accordingly. The medical negligence solicitor after proving his allegations against the plaintiff will get the compensation from the plaintiff or the insurance company. The plaintiff then is bound to pay the compensation in the shape of money which the court directs him to pay as soon as possible. If the plaintiff ignores or denies paying money, further action is taken against him.
If you want compensation you will need to hire a solicitor who is experienced in handling such cases. The solicitor will study your case, get a legal opinion on it and then tell you if you can get compensation. Remember all medical professionals have insurance and your solicitor will be defending your case against them. He or she will need to get help from experienced medical practitioners to help in the case. Filing a case for clinical negligence will be a long drawn process and can take up to ten years to get a verdict. If you are absolutely sure that a clinical negligence has occurred and you have all the evidence, only then get in touch with a solicitor. If you are unsure then its best to file an NHS complaint and get the matter resolved amicably.
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