June 15, 2010
Hospital Negligence Claims: Where To Start
Patients who suffer injury as a result of negligence on the part of their medical practitioner may be entitled to make hospital negligence claims in order to gain financial compensation. The compensation can be a crucial lifeline to patients who are injured and therefore unable to work, or who are stung with fees for their ongoing care. It is important to bear in mind, however, that hospital negligence claims are in incredibly complex area of the law and that not everybody will be entitled to make a claim.
Hospital negligence claims may be made following negligence which takes many forms. As well as in hospitals, it can occur in surgeries and clinics, or anywhere were medical treatment is carried out. The negligence might be a consequence of inadequate training or failure to provide ongoing training on recent medical developments. Other times, simple human error causes negligence: misreading drugs charts or writing illegibly can cause sometimes grave mistakes. Indeed, according to estimates, thousands of patients die every year because of mistakes and negligence.
Negligence occurs when a medical professional’s conduct falls below the standard expected of a reasonably competent practitioner. That said, the fact that negligence has happened does not automatically entitle a patient to make hospital negligence claims.
Just proving that negligence took place is complicated. A medical professional using any one of several accepted methods of treatment for a condition will be unlikely to be deemed to have been acting negligently. Put another way, simply because one doctor might have treated a patient in a different way, this does not mean that negligence definitely happened.
Claims are not always successful, even once negligence has been proven. To be successful, the claimant and solicitor must demonstrate that the negligence directly caused the injury and that the injury would not have happened otherwise. This may sound simple but it is not always easy to show that injury was not caused by the original condition for which the patient was seeking treatment.
Anybody who believes they may have grounds for hospital negligence claims should discuss their case with an experienced solicitor. This is an incredibly complex area of the law so choose your solicitor well. Check your law firm’s history of handling hospital negligence claims, if they have a lot of experience they will be better placed to advise you.
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