If by chance, you are trying to wrap your mind around what medical negligence is, then we are here to help you with that. Before getting into any other business, we will assist you to evaluate the expenditure behind pursuing a claim like this against the compensation, which you are looking to receive, and the likelihood of receiving the compensation.
The Process of Understanding Medical Negligence Claims
One of the ways of dealing with the question “what is medical negligence?” is to elaborate fully the three steps, which are involved in hospital negligence claims. To help you understand more, think of each step as an obstacle, which has to be overcome in order for your claim to pull through. If by any chance your case backfires on any of these obstacles, your claim will take a nosedive and be bound to fail.
A violation of duty of care that has led to negligence in medical treatment has to be clearly shown in your case. Your medical negligence lawyers have an obligation to prove that a clinical officer or medical professional has not exercised an acceptable standard of skill or care in the process of treating you.
The level of standard of medical treatment will have to be evaluated by the standards of that specific grade of staff, the area of medicine involved, and the particular time when you received treatment. The clinic officer must have done something, or neglected to do something, that his or her associates or colleagues would say proves that your treatment was not up to the approved standards.
It is rather obvious that doctors and other medical staff can get anything wrong without necessarily being negligent as human is in error. This question can be answered properly by medical experts. Therefore, unless other medical professional attests that there has been negligence on the accused part, you cannot be able to bring forward a claim.
You must also prove that your injury or condition was as a result of negligent treatment. The court will not under any circumstances take into account any outcomes from your treatment that must have been foreseen or any suffering or pain that could not be avoided. You can only claim for any extra pain and suffering if it was as a result of negligence. Medical experts will need to do an assessment of your predicament.
You must be able to show that you have experienced harm or injury. The court then works out the amount of compensation that you are entitled to be paid for any harm that comes as a result of the negligent treatment. This is also referred to as the value of your claim and it is what accuse agrees to pay, or what the court declares is to be paid in the case where no agreement is reached.
The compensation itself comprises of two parts. The first takes into account damages in general, which is compensation for your suffering, pain and the effects of your daily life. The amount that you will receive is determined by the Judicial Studies Board Guidelines and past compensations that have been made in previous cases that are similar to yours.
The second part is special damages, which involve the funds for your financial losses. These financial losses are in the past and for the future. You will have to provide evidence and documentary proof to support your claim. Interest will also be taken into account.