Medical negligence is just an element of many cases that can be categorised under the broad term of medical malpractices which refers to any act of professional omission or lack of action by a medical practitioner that deviates from the accepted code of conduct. Medical negligence occurs when a doctor, a nurse, dentist, surgeon or any other medical professional engages in an activity that is against the accepted standard.
Claiming for Medical Negligence
The hardest part for most people is deciding when it’s appropriate to make a claim for medical negligence. In most cases, people just expect to receive an apology from the doctor or the department that has been negligent. They don’t realise when it’s the right time or the gravity of the matter that necessitates taking legal action. They feel okay when they are given an assurance that the mistake will not happen again. In this article, we shall be digging deeper into everything you need to know about claiming for medical negligence.
By law, several cases allow you to take a legal action as a result of medical negligence. Sometimes, an apology is not enough to compensate for the loss that has occurred. Such cases include; If you have been injured due a negligent medical treatment, if you are the next of kin of someone who does not have the capacity to take the legal action or has died. You can choose to raise the complaints first with the medical institution or launch the legal action straight without involving them. It is recommended that you seek a specialist legal advisor to guide you through the legal process.
Cases That Can Be Considered as Medical Negligence are many. Listed below are examples of some cases that can be legally considered as medical negligence:
– A healthcare institution failed to diagnose your condition or gave you the wrong diagnosis
– When you were given the wrong medicines
– A mistake occurred during the procedure that caused injury.
– When you were not asked for your consent before a medical treatment operation was conducted.
– When you were not warned about the possible risks of a particular treatment.
If you get an injury that is direct as a result of the cases listed above, you have enough reasons to begin the legal proceedings provided that it can be proven that the treatment was a negligent activity.
The Time Limit for Claiming for Medical Negligence is strict. In most cases, the maximum time that should be taken before seeking compensation due to an act of medical negligence is three years. However, there are some special cases such as:
– When the person is not aware that a negligent act has been committed and it took time before it could be brought to light. However, the person has three years to make the claims after the act of the medical negligence.
– For the case of children who don’t have people that can make the claims for them when young, they have three years after attaining 18 years to launch the legal proceedings.
After successfully claiming for medical negligence, the cases of compensation that can occur include:
– Compensation for pain and suffering that occurred
– Asking for payment for a treatment that is ongoing
– Compensation for loss of earnings caused by the incident
– Compensation if the act barred you from participating in your hobbies or sports
– Covering the cost of any extra care or equipment that occurred
– Compensation for the psychological disturbance