Table of Contents
Medical Negligence is an act or incident where a doctor does not expectedly fulfill his/her duties, resulting in hurting or even causing the death of the patient. Medical negligence can include health care providers such as a pharmacist, dentists, nurses, or doctors.
If care was given negligently, then the patient who suffered can claim that medical professional, but this claim can only be successful if an injury resulted from that incident, which should not have occurred under ordinary circumstances. From a recent study, it has been shown that more than 225,000 people die every year from medical carelessness incidents, which range from incorrect diagnoses to errors made during surgery.
Proving medical carelessness is often not easy because of the various possibilities, and the complexity of medical procedures. Thus, doctors are not responsible for every mishap, and should not be blamed at all times. Therefore, to prove medical carelessness, solid evidence is needed to prove that the treatment was of an unacceptable and inappropriate standard.
The medical-negligence claim is very different from other claims, as a personal injury claim in the case of a car accident is very different from medical carelessness. Suppose a car driver hits another car, this is an obvious example of carelessness and can be a valid personal injury claim, whereas this is not valid for a medical careless claim.
In a medical negligence claim, the court has to look at the potential breach of duty of care and decide carefully whether the treatment fell below the required standard. This is not as straightforward as it seems, and sometimes cases deemed to be negligence claims do not occur because of negligence in reality.
Another hindrance in the part of the claim is to prove that negligence caused the injury. In a car accident, a driver with no prior injury can easily claim severe neck pain right after the accident, whereas this is not the case in medical carelessness. It is quite difficult to prove that the negligent treatment lead to injury to the patient because it is possible that the patient developed symptoms after undergoing the treatment.
However, personal injury claims and medical carelessness claims may look similar, but in practice, it is not so. You can easily win a personal injury claim, but winning a medical carelessness claim is much more difficult. This makes it important for you to choose a famous specialist medical-negligence solicitor who can help you win the compensation claim.
Medical and clinical carelessness cases are also very different from each other. The compensation of medical carelessness differs from clinical carelessness. In clinical negligence, compensation general damages are given that include compensation for the injury and pain caused by negligence. In medical carelessness, special damages are given which include treatment fees and travel expense damage to the patient.
Accident Claim and Its Legal Side
An accident is one of the circumstances that we can never control. No matter how safe and snappy your actions are, an accident can still occur. Accidents do not choose any person or location, it happens to anyone and everywhere.
Common accidents can happen at work, on the road, at home, during travels and sports activities, criminal and animal attacks, name it! It’s everywhere…With that in mind, an accident claim is imperative to claim your lawful compensation.
An accident claim is usually done after an injury or accident has occurred. This is done by contacting your insurance company as soon as you get an opportunity. Your insurance company usually requires a written document (typically within 90 days) proving that an incident has occurred and the sustained injury was not caused by any negligent actions. Also, the incident must be reported to the police department as mandated by the law.
An accident claim can have a time limit, therefore it is always crucial to review and check your agreement and contract with your insurer. In practice, a claim is typically honored until one year, provided that a valid explanation has proven the delay of the claim.
What Happens After I Report to my Insurance Company?
Once your insurance company has been advised, medical negligence solicitors or claim specialist will be responsible to look after your claim. The job of the adjuster is to determine which coverage or degree shall be covered by your insurance. Also, it’s the adjuster’s job to communicate with other people involved, conveying their total loss and the extent of their responsibility.