Making a Medical Accident Compensation Claim

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When you’ve suffered from medical negligence there are thousands of things going through your mind, like how you are going to recover, why this happened to you and how can you make things better again. It is important that you’re not alone during this period, and that your family and friends support you. Next, it is important to know what you can do in order to protect your rights and bring those at fault to justice. You need to start preparing a medical accident compensation claim.

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The main characteristic of medical negligence is that your doctor or physician acted unprofessionally and accidentally provoked you damage. If you suspect what was done to you was intentional, then your case falls into another category; the case should be tried under criminal law, and not common law like medical negligence claims are. What we are interested in here however, is the latter case; even though your doctor didn’t act intentionally, you are still entitled to some form of compensation, and to a recognition by the law that you were mistreated. The compensation varies according to how seriously your health was affected. For example, if you the medical error caused you to lose your mobility, then you are entitled to a big compensation. If you take a quick look on, you will see that mobility scooters can be quite expensive. Moreover, loosing your mobility is a major life change. Aside from having to use a mobility scooter, you can also lose your job and will need to adapt your home to the new way of living. Moreover, aside from you financial needs, making a claim for compensation is also a social responsibility. Even if the error was not life threatening and it didn’t cause serious damages to your health, it is your civic duty to draw attention to the matter so that others won’t have to deal with the same problems or worse problems. Therefore, you need to start building your case for the medical accident compensation claim.

The first step in this situation is to write down what happened to you as soon as possible, so you remember all the details. Next, you need to hire a medical negligence solicitor who will handle your case and present it in front of a court. Get consultations from other doctors as well, ones who can play witness in court and testify that you indeed suffered damage as a result of your physician’s negligence or incompetence. Cases like these are quite hard to file, especially after the tort reform. And even when you get to present them in front of a court, proving them without a doubt is another major challenge.

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You shouldn’t wait for more than a year to lodge your claim; it can take a few months for you and your solicitor to prepare the case in the first place, so delaying things is never recommended. Moreover, if you manage to get in court while signs of your damages are still visible, then you’ve got even greater chances of success. Your case will be presented in stages, called here elements. These elements may vary from case to case, depending on the nature and gravity of the damage, but they usually must show and prove the following: first, that the doctor has a duty to treat and protect you, and secondly that that duty was breached. The next element is supposed to prove causation, that is to show that your doctor’s actions caused the damage you currently suffer from.

Finally, you must show the extent of the damage caused, and the nature of that damage. Your medical accident compensation claim might not bring you too much peace of mind, but it will at least help you recover through financial support. Remember that this is a difficult and arduous process, which can take years to complete, so you must conjure up all your strengths.

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