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Medical negligence claims are complex cases and can be difficult to prove. Therefore, you need specialist solicitors with a track record of winning medical negligence claims to represent you.
Who may be liable
Medical negligence isn’t limited to doctors alone. There are other medical professionals that may be liable, such as: –
- Nurses and other hospital staff
- Other healthcare specialists
Duty of care
If injury or harm is caused, it is not automatically assumed that the healthcare professional was negligent and therefore liable for medical negligence. Instead, the prognosis, diagnosis, treatment, or procedure will be considered by other medical experts to see if it is consistent with accepted medical practice. If it is, then the professional is most likely to be found to have acted within their duty of care. It is only when the diagnosis, treatment, or procedure was below standards that apply to that medical professional that they may be seen to have breached a duty of care.
Entitlement to compensation
As a result of medical negligence, patients may suffer physical or mental harm. If that harm is permanent and at a significant level, then the patient would be entitled to compensation for pain and suffering for life. In addition, the patient will incur many different debts and payments for the injury or harm sustained. There may be loss of income, permanent treatment required, or permanent deprivation of the ability to earn income. These matters are all considered in a medical negligence claim.
You can seek compensation for loss of income while recovering, for loss of future earnings as a result of the condition, in addition to the compensation for pain and suffering due to the harm or injury.
These costs are not arbitrarily sought but need to be calculated to specific amounts.
Doctors and other healthcare workers usually have professional indemnity insurance to cover this very area of law. Because of this, it’s highly likely that you will be up against the healthcare worker’s insurer if you’re considering a medical negligence matter. To be confident you are also empowered with legal expertise, it is recommended in this circumstance that you consult with a lawyer about your scenario and seek a professional legal opinion.
If you or someone you know has suffered harm or injury as a result of medical malpractice, it is important to focus on the recovery, but also to know that you should not have to be out-of-pocket because of their negligence. Being compensated for the loss you suffered or for lost income will provide significant relief to what is an otherwise stressful scenario.