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 award. 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?
It 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.