How to Make a Claim for Medical Negligence

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Being the subject of medical negligence is one of the worst things that can happen to anyone; you go into the hospital hoping you’ll get better and instead things become even worse. In this case you have a right for compensation, especially if the damages or injuries produced were grave, and they delayed or completely stopped your recovery. Although not all cases of malpractice are grave, they are numerous, and sometimes they even lead to the death of the patient. You deserve to know your rights, so in what follows we are going to show you how to make a claim for compensation.

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First of all, you have to be sure that you suffered medical negligence and that it caused damage to your condition; secondly, you need to hire a medical negligence solicitor, because they will help you make your case and gather evidence. Doctors take an oath never to harm, and they have a duty of care; if the care provided to you was not at the expected standards, then there was a breach of duty. This negligence can range from misdiagnosis to failure to diagnose, from prescribing the wrong treatment to failing to give one, from the wrong application of a procedure to the failure to apply that procedure and so on. Graver cases sometimes include operating on the wrong patient or performing the wrong operation, but these are very rare cases.

Thus, in order to learn how to make a claim you need the help of a professional; lodging claims is not an easy task, and before thinking about compensation you have to worry about the court considering the claim in the first place. You may have your rights, but doctors have theirs as well; moreover, the law can’t afford to waste time and money with cases that have no relevance, so the triage is harsh. When you find out how to make a claim you also learn that a malpractice case is divided into elements which have to be proven in court step by step.

First you have to show there was a duty of care, and then that that duty was breached; next, you and your solicitor have to prove causation, meaning you have to show that you got direct injury from the treatment you received. Causation may also refer to a failure to recover after the administered treatment, or to the fact that an existing medical condition was only worsened by the treatment. In order to get evidence for these steps, you will have to employ the help of independent medical experts .

Finally, injury and damage have to be proven, meaning you have to show how the failed treatment caused you trouble on various levels. For example, you can claim to have lost money on medical expenses, that you lost your earnings, and that it led to a variety of costs you did not have before, such as: costs for professional care, costs for services rendered by others with things like housekeeping or gardening, and a general increase of the costs of living resulted from your impairment.

Closeup of a disappointed young lady surgeon with her hand on her face Closeup portrait of a disappointed young lady surgeon with her hand on her face

If you want to know more about how to make a claim you have to visit a law firm specializing in these types of cases, and based on your personal and unique experience you will receive the help and support you need.

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