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Medical Negligence - What You Need To Know |
If You Have Suffered a motor accident, whiplash injury, accident at work, medical negligence, faulty goods, criminal injury, slip or trip, industrial injury, accident in a public place or
would just like some advice, please don't hesitate to give us a call on 08000 71 22 71 for any personal injury, medical negligence, road traffic accident, no win no fee accident claims
When a physician, doctor or other medical staff member of any hospital or
acting by themselves, does not treat a patient with the proper level of quality
of care, resulting in serious injury or death, they are said to have committed
medical negligence".
Historically, in claims of medical negligence against hospitals or local
authorities, as the facts in the past few decades show, courts in England and
Wales have been found to be reluctant to award the judgment in favor of a
plaintiff.
The necessity of consulting a medical negligence solicitor comes to fore in
light of the above fact. In order to determine, whether you have a valid medical
negligence claim or not, it is important that you consult the solicitor at the
earliest after the event that transpired and led you to believe that you are
entitled to medical negligence compensation.
Duty of Care
"The ‘Duty of Care' has a wide legal meaning depending on the nature of the
incident. In brief terms a ‘duty of care' is an obligation that any sensible
person would have in the given circumstances while acting towards others. When
the actions of such a person are made without care, attention, caution, and
prudence, the actions are considered negligent. Consequently, the resulting
damages may be claimed as negligence in a legal action."
The above definition of ‘duty of care' is self explanatory and it becomes all
the more important when applied to health care professionals. Any claims you
make against a doctor, hospital or the authority under which the hospital
operates, rest on your ability to prove that you were owed. Clinical negligence,
in such cases would arise, if you were owed a ‘duty of care' and were not
treated with expected, reasonable degree of skill of a skilled medical
practitioner.
The ground of a medical negligence claim can arise from factors like careless
treatment by the doctor, lack of required training or utter disregard for normal
rules associated with the treatment.
Standard of Care
"The degree of care, which a reasonable, prudent or careful person should
exercise in the given circumstances. If the standard of care falls below than
that established by the law for protection of all against unreasonable risk or
harm, the person may become liable for damages as a result of such conduct."
As per the above definition, when the person is a doctor and he treats patients
who may lose their lives because of his negligence, the ‘standard of care'
becomes all the more important. It is not sufficient to assume that a doctor
should know what he's doing.
The sensitivity of the issue also arises from the fact that doctors are a close
knit community and they will not accept negligence unless it stares them in the
eye. Moreover, doctors stand to lose more in terms of years of education rather
than in terms of money, if found guilty of negligence.
The above two factors form the base of your medical negligence compensation
claim along with the rest of the details.
If You Have Suffered a motor accident, whiplash injury, accident at work, medical negligence, faulty goods, criminal injury, slip or trip, industrial injury, accident in a public place or
would just like some advice, please don't hesitate to give us a call on 08000 71 22 71 for any personal injury, medical negligence, road traffic accident, no win no fee accident claims |
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