Medical Negligence – What to do when doctor’s get it wrong
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Medical or Clinical Negligence is the term used when a patient suffers adverse effects from medical care. Five per cent of the general population report suffering an injury or other effects after receiving medical care, and many don’t know what they should do after this damage occurs.
To handle the costs of accusations of medical and clinical negligence against the NHS, in 1995 the government formed a centrally funded pool of resources called the NHS Litigation Authority (NHSLA).
Cases of medical negligence would appear to be on the rise. In 1974-75 the annual NHS clinical negligence expenditure was just £1 million (£6.33 million at current prices). This figure grew to £446 million in 2001-02, while for 2006-2007, the figure rose again to £613.27 million, according to the latest NHS figures.
There are several options available to individuals who feel they have been the victim of medical negligence, either from the NHS, the private healthcare sector or after cosmetic surgery.
If someone believes they have been the victim of negligence they must decide what they wish to achieve from the situation – some cases may not profoundly affect your life and in these instances perhaps a simple apology and explanation of what happened may be enough and you can move on from the incident. Unfortunately some incidents are not as easily forgettable. Should the unimaginable occur and you lose a loved one or an error has a major consequence on the rest of your or a family members life, then reparations may be in order. However you should be aware that it is a notoriously difficult task to bring a conviction against a medical worker as the court system are keen to protect the reputation of the members of the health profession. A study in 2007, showed that of all claims handled by the NHSLA;
-35% were abandoned by the claimant
-43% settled out of court
-1.5% settled in court in favor of the patient
-0.5% settled in court in favor of the NHS
-20% remain outstanding
If you believe that you or someone you know may have suffered from medical or clinical negligence then you should consider getting in contact with a specialist lawyer, perhaps not an accidental claims specialist with a no win no fee policy but a professional with experience in this particular field.
To be successful in your claim you must be able to prove three vital things;
- Firstly, the doctor owed an obligation of care to the patient
- Secondly, that they failed this obligation
- Finally, they caused some harm to the victim
If you can prove these three things then you may have a claim for compensation.
About the Author
Medical negligence is a terrible experience for both doctor and patient. In a perfect world it would never happen but, unfortunately, it does, and should it lead to future complications for the patient, compensation may be in order.
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