Medical Negligence

The Latest news on medical negligence and rehabilitation find out how clinical negligence compensation can help you with rehabilitation.

How Much Compensation can be Claimed for Medical Negligence

Medical negligence is fundamentally quite a complex subject in as much as negligence that takes place within the health industry cannot always make it to court as there are clear boundaries as to whether individual negligence cases warrant a compensation Medical Negligence UKaward. Within the boundaries of the law a medical negligence case can only be brought to court if the victim of the negligence has in some way been harmed/injured mentally or physically or as in some cases suffered both. Medical negligence takes place when a health care worker provides a service that is below the standard expected and they have consequently breached their code of conduct set out by the powers that be.

However for any clinical and medical negligence claim to be brought to a court of law such negligence must have had consequences up on a person health, with their health suffering as a direct consequence of the medical error. It is crucial that before making a decision whether to pursue a medical negligence claim that the above facts are taken in to place as it will save time and probable unwanted added stress of making such a big decision if no injury has actually been sustained.

Deciding Whether to Make a Medical Negligence Compensation Claim

Actually coming to a decision whether or not to make a medical negligence claim is probably the most difficult part of the whole process. People fear the compensation claiming process and are often deterred from making any such claim as they feel that it is quite complex and may add to the stress and anxiety they are already going through as a result of the negligence. Once the decision has been made to pursue a claim for medical negligence compensation the difficult part is over especially if you are appointing a solicitor to represent your case with in a court of law.

One vital point to remember if deciding to seek legal representation which is highly advised if wanting to receive maximum award, is to research several law firms before deciding on one particular firm. If going to the trouble of making a medical negligence compensation claim then you will want your case to be in the best possible capable hands so it’s highly important that you seek out the most appropriate solicitors for your case, those that specialise in your particular medical negligence area and who are most professional in manner.

How Much Compensation can be Awarded for Medical Negligence?

How Much CompensationIt is important for those pursing a claim to know how much compensation for medical negligence they are entitled to as the injuries sustained through medical error may have had a huge impact upon not only their personal life but social and financial life too and may need the funds from the compensation they may be awarded to cope financially. When some people think of medical negligence they think of how the person has been effected health wise very often other aspects are over looked which in a way is rightly so as the health aspect is the most important but when people suffer ill health through medical error it is not only their health that is affected other areas are as well especially their finances.

Those that are victims of medical mistakes often have to take time off work may be just short term as they will make a full recovery from the injuries sustained however for others the negligence may have been so severe that they may not be able to return to work for a lengthy time and in some cases may not be able to return to employment at all causing major problems for hem financially. Being able to find out how much compensation they will be awarded may be immensely important for them to plan for the future. However there is no easy answer as no two medical negligence cases are exactly the same and peoples personal circumstances, events that lead up to the negligence and their health condition before the negligence will not be the same as another person’s so although estimates can be given on past medical negligence cases they are only that, estimates, no true evaluation can be given until the case has actually been assessed by a medical expert.

Medical negligence compensation awards can range from mild cases that have little effect up on a person’s health which they will be awarded a couple of thousand pounds to severe cases may be brain injuries which can run in to millions. Cases of negligence within medicine can vary enormously both in the incident involving the negligence and the events leading up to it so without having the case looked up on an individual basis it is difficult to give a precise amount of compensation that may be awarded.

Key Factors When Evaluating Medical Negligence Compensation Amounts

When a case of medical negligence is being weighed up and a conclusion is made about the amount of compensation that should be awarded the court or legal teams look at two main points them being how much financially has the victim suffered (special damages) and how in terms of pain and suffering have/ and will continue to sustain (general damages). It seems that separate figures are given to both damages and then added up to give the overall amount which will conclude in the final amount. The more financial loss and the greater the pain and suffering will result in the higher the award which is fair but in reality no amount of money can make up for harm brought about by medical negligence and in truth most people would give up any amount of compensation not to have gone though any type of negligence.

Medical Negligence Compensation For Disability

Medical Negligence ClaimDisability that results due to a medical error is truly hard to digest. Sustaining a lifelong physical or mental injury as a consequence of medical treatment that has fallen below the standards that are expected by any health care worker can be seen as unforgivable. If a person becomes disabled as a direct consequence of a medical error then they have been highly let down by the medical industry. There is no denying that the majority of health care workers on a daily basis 365 days a year do an absolute commendable job, often having their work go unnoticed but reaping the rewards through gratification. Those people who have a commitment, capabilities and work ethic to be able to offer much of their life to helping others through health services do an amazing job and without such people as health care workers people’s health would not be where it is today.

Nevertheless there are times when even within the health industry when things can go wrong and mistakes can be made. And it is true that health care workers are human and can make mistakes too, some say its human error but major critics will always argue and have a very valid point that when dealing with people’s health there is no room for mistakes and mistakes or errors should never be a term used by the medical profession.

Within the definition of medical negligence or to successfully bring a medical negligence claim to court it must be proven that the mistake has been made was just that and that no other health care worker of a similar capability in an almost same situation would not have conducted themselves and the medical service they would have provided in a different way. In layman’s terms that another medical staff would not have caused the same negligence to the patient. So although the law leaves room for medical errors, meaning it is possible for medical staff to make mistakes it leaves no room at all for medical negligence to take place. The law regarding medical negligence goes even further by stating that in order for a person to be able to pursue a claim for medical negligence they must have somehow been affected health wise as a direct consequence of the negligence, under the rules of the law it is not enough for just medical negligence to have taken place.

Medical Negligence can have different effects upon a person’s health, it can range in its severity from mild negligence that a person will make a full recovery from to, in its most severe form, lifelong disabilities or even fatality. This article will cover how medical negligence can result in a person suffering a disability as a direct result of the poor quality medical care and how to access compensation award amounts. How much compensation for medical negligence

How Much Compensation Can be Rewarded for a Disability Sustained through Medical Negligence?

Every case of medical negligence is different as no two victims of the negligence have the exact personal circumstances, with personal injury cases the law sets out strong boundaries when it comes to compensation that should be awarded to those victims whereas with medical negligence although there are perimeters the amounts are not set in stone and can move regarding each individual case. Before people decide proceed with legal proceeding they usually ask how much compensation for medical negligence they have sustained and in large the answer will probably be the same that until a medical expert has looked over their case it is very difficult to give exact amounts. The law appreciates that medical negligence is not a straight forward area and that there has to be flexibility within the law when it comes to compensation claim cases.

Setting a compensation amount for any one type of medical negligence case in its self is complex so with regards to the amount of compensation that may be awarded for a person who has sustained a disability through the negligence of a health care worker is even more difficult as the term disability covers a broad spectrum of disabilities and impairments. The most appropriate way of finding out how much compensation will be awarded in terms of a disability caused by medical negligence is to seek legal advice as they may be able to weigh up your case and ask a medical expert to review your condition and give a more precise estimate. Alternatively some law internet sites offer a medical negligence compensation calculator but caution must always be at the forefront when consulting such a service as each medical negligence case varies from the next and figures shown are only estimates.

How Can Medical Negligence Cause Disability

Disability is such a broad umbrella term for many types of sub section disabilities, often people refer to a disabled person as being wheelchair bound but in truth this is often not the case as only a minority of disabled people use a wheelchair, around 5% of registered disabled people actually need a wheel chair. Moreover the term disability does not just define a person who has a physical disability but also people who have a mental impairment.

Some people are born with disabilities very often through genetics and no one is at fault. However some people sustain disabilities through the standards of health care they receive which is unthinkable. Health care workers are there to help people who are suffering ill health or an injury not to in fact inflict people with even more health problems through poor standards and neglect. Those who have sustained a disability through medical negligence could have done so through many ways, birth injuries, anaesthetic problems which have led to brain injuries, misdiagnosis, spinal injuries, orthopaedic injuries, surgical injuries but to name a few all which can cause a patient lifelong disability and impairment problems that should never have happened.