Medical negligence occurs when a doctor or healthcare professional misses the opportunity to treat you accurately and effectively, in turn causing harm. If this happens, it could be due to a number of different factors – such as their poor training, lack of experience or even their own medical issues.
Medical negligence solicitors can help you fight for what you deserve if this happens to you or your loved one.
What is medical negligence?
Medical Negligence solicitor is a breach of duty by a medical professional that causes harm to a patient. The NHS defines it as “the failure to provide the standard of care that a reasonable person would have provided in the same circumstances.”
The term “reasonable person” refers to what an average person would do under similar circumstances, and not necessarily what you would do if you were in your doctor’s position. For example, if there was no other way for your doctor to treat your condition without risking infection from using equipment that wasn’t sterile or new enough (which is considered unacceptable practice), then they wouldn’t be liable for any harm caused by their actions because they were doing what any reasonable doctor would do given those circumstances.
Who is liable for medical negligence?
Medical negligence is a legal term that refers to the failure of a doctor or any other healthcare professional to provide adequate treatment, care and attention for their patient. The medical negligence solicitors in our team are highly experienced in dealing with cases where there has been a breach of duty by doctors and other healthcare professionals.
Medical negligence can be committed by any person who provides medical treatment or advice in their capacity as:
- A registered doctor; or
- A registered nurse; or
- Any other healthcare professional (such as physiotherapists).
How can medical negligence be proven?
Medical negligence is a legal term that refers to any action or inaction by a medical professional that causes harm to a patient. Medical negligence can be proven in court, but it requires evidence. The evidence must be strong enough to convince the judge that you suffered injury or loss due to their mistakes and that this was avoidable with proper care.
The best way to present your case is by calling on an experienced solicitor who knows how courts work and can help you gather relevant information and present it effectively in court.
What kind of compensation can I get?
If you’ve suffered injuries as a result of medical negligence, you could be entitled to compensation for the following losses:
- Pain and suffering – this includes both physical and mental anguish. In some cases, it can also include loss of enjoyment in life.
- Loss of earnings – if your injury prevents or limits your ability to work and earn money in the future, this can be compensated for by an award of future loss of earnings (FLOE). This could also include any loss suffered by dependants who rely on your income.
- Care costs – if the injuries sustained mean that someone has been required to provide care for their loved one who was injured at hospital or while under their care at home, they may be eligible for compensation under the Personal Injury Act 1951 section 4(2)(d).
Is it possible to recover the cost of expert witnesses from the negligent party?
When you are claiming compensation for medical negligence, it is possible to recover the cost of expert witnesses from the negligent party. However, this is not always the case, as such costs can be small compared with what you are entitled to receive in compensation.
In addition, there are certain limitations on making such claims. For example:
- You must have already reached an agreement with your solicitor about how much money he or she will charge for their services (this normally happens before any court action has been started). Your solicitor should also inform you if there are likely to be other expenses associated with bringing a claim against another party (such as paying medical experts), so that these costs can be taken into account when deciding how much money should be paid out by way of legal fees and other charges associated with bringing an action against someone else;
How long will it take to get my compensation?
The length of time it takes to get your compensation depends on the complexity of your case. In general, however, it can take years for a claim to be resolved and there are many factors that can affect this.
In some cases you may have to go to court or arbitration (a process where an independent person decides whether you should receive compensation). If this is the case then it would be best if someone had experience in dealing with these sorts of issues because they will know how best to represent yourself at court or arbitration hearings.
Medical negligence solicitors help you fight for what you deserve
Medical negligence solicitors know how to present a case, negotiate with the other side and get you the best possible outcome. They are experts in their field, so they can help you navigate through all of the legal jargon that comes with any type of lawsuit.
You should always work with an attorney who has experience working on cases similar to yours so that he or she understands exactly what needs to be done from start to finish.
Conclusion
Medical negligence solicitors can help you fight for what you deserve, and they will fight alongside you until the end. They understand the emotional stress that comes with dealing with medical issues and are here to help guide you through this process. If you think that someone has acted negligently towards you or a loved one then contact In Your Corner today!