Accident claims involving medical negligence are serious business. Learn more about how they need to be handled at claims4negligence.co.uk
Medical Negligence comes under the purview of personal injury, and the law provides compensation to individuals who have suffered injuries due to negligence on part of doctors, nurses, attendants, hospital staff and also chemists and pharmacists. Because any medical procedures has its chances of success and failure, the injury must be unexpected – that means, the patient must have no idea that the injury is a possibility in a medical treatment and it must also be recognized as unacceptable by prevalent medical standards.
Proving medical negligence often becomes quite tricky because there are so many possibilities and complications in any medical procedure. Often, doctors, with the patient's best interests in mind, will also not be able to avoid a certain problem or will also be equally surprised at a sudden turn of events. Thus, the doctor cannot be blamed at all times. Therefore, in order to prove medical negligence, you will need evidence that proves the treatment provided by the doctor was of an unacceptable standard. Thus, if an unprecedented and unexpected complication arises in the middle of a surgery, the doctor cannot be blamed. However, if the doctor fails to inform patient of the known risks of a bypass surgery, then it is definitely his negligence.
The other tricky part is proving a direct cause-effect relationship between the injury and the doctor's negligence. This is difficult because the human body is a extremely complex structure and it is often difficult for researchers to say with 100% accuracy that so-and-so is the cause of this condition, leave alone a lawyer. Yet, with the help of medical reports and witness statements, it is possible to prove beyond reasonable doubt that the particular action (or inaction) on the doctor's part cause a particular kind of suffering. For example, a case of paralysis after an operation could be linked to a mistake on part of the anesthetist.
Because of this nature of medical negligence claims, they cannot be handled by any firm or solicitor. The firm/solicitor you seek will need to have a Legal Services Commission franchisee in medical negligence to be qualified to handle a medical negligence case. These are also the only firms that can fight your case on a no win no fee basis. If looking for an independent solicitor, you can ensure his credibility by checking if he's a member of AVMA (Action for Victims of Medical Accidents). Such firms and lawyers are allowed to practice only when they're deemed experts in the area of medical negligence by an expert panel and their expertise is tested every year by means of an annual audit.
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