Medical Negligence Claim -
-
Has
Your Well-Being Been Affected?
Historically, courts in England and Wales have been very
reluctant to find in favour of a plaintiff in any medical
negligence claim brought against hospitals or local
authorities.
Thus, in order to determine whether or not you have a
claim for medical negligence, it is essential that you
seek the advice of a medical negligence solicitor as soon
as you possibly can after the event that transpired that
led you to believe that you were entitled to injury
compensation.
Overview Establishing A 'Duty Of Care'
The crux to any medical negligence claim you
make, whether such be against the doctor who operated
on you, the hospital where you had the treatment, or the
local authority under whose control the hospital comes
under (or the NHS directly itself), is being able to prove
that you were owed, what is known in legal jargon as,
a 'duty of care'.
In this regard, clinical negligence will arise if you
were owed such a duty of care and you were not treated
with a reasonable degree of skill that would otherwise
be expected from a skilled medical practitioner.
As such, if your doctor treated you in such a way that
it could be considered careless, or lacked the training
required, or if they disregarded the normal rules associated
with treating your problem, then you may have grounds
for a medical negligence claim.
Keep in mind, however, that previously the courts have
said that even in situations where doctors have been 'on-call'
for 24 and 36 hours, or more, and mistakes were made due
to fatigue in service, a medical negligence claim may
not get intimidated so, it is imperative that you have
a medical negligence solicitor representing you
and protecting your interests from the outset if you want
to stand any chance of winning your medical negligence
case.
The 'Standard Of Care'
You would have thought that being a doctor was sufficient
to assume that they should know what they're doing and
have reasonably foreseen if they did cock-up, as it would
result in a clinical negligence claim.
It is unfortunate in the UK, in any accident
claim that involves doctors or medical practitioners,
things can get nasty. For them it's wasted years of education
if they get banned.
The medical profession is a close community and in most
cases they will not admit that someone within their profession
was negligent unless the actions of that person could
be considered grossly negligent. For this reason you'll
need a good and experience solicitor in medical negligent
claims.
Prescription Period
If you believe that you have a cause to sue for medical
negligence compensation, then you are required to
start your claim proceedings within three (3) years from
the event that caused the accident injury.
If you are entitled to claim, one of the few exemptions
to this rule is medical incapacity. Otherwise, if you
do not start your injury
claim process before this time, you will forfeit your
right to claim for compensation. As such, if a medical negligence
situation does arise, see a specialised solicitor as soon
as you can.
Cannot Afford To See A Solicitor
If you believe that you cannot afford to seek the advice
of a medical negligence solicitor following what
you believe is clinical negligence, don't worry you
can find solicitors these days who are willing to listen
to your story and submit a claim on your behalf based
on a 'no
win no fee' basis.
Fortunately, in some cases no
win no fee solicitors don't even take a consultation
fee from you. You can make arrangements with your solicitor
who will submit a claim for their fees at the conclusion
of your case against the insurance company of your opponent
(after you win).
So, if you believe you have a claim for medical negligence,
don't be put off seeing a solicitor until tomorrow, go
and see a no win no fee specialist in medical negligence
today.
It's easy to proceed with a medical
negligence claim and gain maximum results without
the hassle, costs and confusion. Discover the 12 revolutions
of medical claims at http://www.100Percent-Compensation.co.uk
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See Other Related Articles
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» A
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» Personal
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» Accident
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