When a doctor, nurse or other professional health care provider does not give the accepted standard of practice expected by the medical community, and through this lack of care or omission causes injury or death, it is considered medical negligence. Regulations for medical negligence may vary in districts within a particular country. Professional health care providers may also include dentists, midwives and therapists. If it can be proved in court, the plaintiff will get medical negligence compensation.

There are four main things that the plaintiff needs to prove:

1. The medical care was owed. If a person is admitted to a hospital or clinic for treatment, there is a legal duty for the health care providers of the institutions to care for the person to the required medical standards.

2. When the duty is established, it has to be proved that the duty was breached. The health care provider did not give the required standard of care.

3. It must be proved that the breach of duty caused an injury or death.

4. There must be damages or losses caused by the breach. They can be pecuniary or emotional, but the basis for medical negligence claims is damages.

If a person has experienced medical negligence or a family member has suffered or died from medical negligence, they may pursue a medical negligence claim. There are several steps to making a claim and one step needs to be met correctly before the next step can be taken. First, the medical records of the plaintiff need to be checked by a specialist medical expert who will determine if the treatment was negligent and, if so, if it did any damage.

If medical negligence is determined, court proceedings should start immediately. Medical negligence cases are most often settled out of court by negotiation but only after beginning court action.

A medical negligence claim is very complex and difficult to pursue because it depends on the evidence of medical experts who are supported by medical texts and papers. This usually requires extensive research. A medical negligence solicitor is essential if a patient wants to pursue negligence.

Medical negligence solicitors should be chosen on the basis of experience in the field. They will have extensive knowledge of this area and should have a record of successful cases. If the case does go to court, they must have experience in medical negligence litigation. In court, the medical experts will undergo rigorous cross examination by counsel for the defence, and the solicitor should be able to prepare the expert for this.

Medical negligence claims are not easy to pursue. They have dire consequences for the patient and are different from other types of compensation cases. The rewards are often large and defendants will work hard to deny the charges. Medical negligence solicitors need to specialize in this area and have experience winning cases.

A good medical negligence solicitor will be a member of The Law Society experts who are specialized in medical negligence and undergo continuous training. They will offer patients who qualify a Legal Aid scheme or a no win no fee scheme. Not all solicitors are authorised to use the Legal Aid scheme. The solicitor should be available to discuss the case and work directly with the patient. The patient’s suffering may include psychological damage, reduced employment possibilities and loss of amenities of life. Compensation may include loss of income, payment of medical bills, legal expenses.

Anyone who feels that they have not received the best standard of care from a medical professional, and because of that have been injured or damaged in some way has the right to approach a solicitor and make a claim for compensation.

Author Bio: Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors and experts in claiming for medical negligence compensation.

Category: Legal
Keywords: medical negligence claims, medical negligence compensation, medical negligence solicitors, medical n