Understanding How the Medical Negligence Claims Cases Proceed

downloadPeople trust their doctors. There are many people who religiously follow the advices of their doctors and cannot imagine their physicians performing actions negligently. Unfortunately, their worst nightmares come true when these learned professionals whom they trust act negligently. The medical negligence solicitors provide legal solutions to the victims of clinical malpractice. If you take a close look at how they deal with these cases and ensure compensatory benefits for their clients, you can understand how the clinical negligence claims cases proceed.

The essential components of a clinical negligence lawsuit

The victimized patient or the claimant has to prove that the physician under whose treatment he was trying to recover from his ailment owed a ‘Duty of Care’ to him. He has to prove that the physician was inattentive in his work which resulted in his injuries. In order to gain compensation payout, one has to prove the ‘liability’ and ‘causation’ before the court. These two crucial components are defined here below:

• Liability: The claimant has to prove that the doctor or his assistant performed in such manner which is not expected from any average professional in that field.

• Causation: The claimant has to prove that the injury that resulted from the clinical malpractice would not have occurred otherwise. The job of a compensation claim lawyer is to prove that the negligent action of the doctor or the medical staff was the only reason of the accident, and no other reasons were involved.

The loss of earnings of the medical negligence victims is also taken in account. The present and future loss of income, changes in lifestyle and emotional sufferings are collectively bracketed as ‘quantum’.

Proving the liability

How do the medical negligence lawyers prove the liability of the physicians at fault? Generally references are taken from two previously awarded compensation claim cases. In a 1957 Bolam vs. Friern Hospital Management Committee case, it was recognized by the court that a physician is not negligent if he practices according to the norms or standards. On the other hand, if a doctor is found responsible for a patient suffering, he will only be indicted if it is found that he did not act in accordance with the standard practices. On the other hand, Bolitho v. City and Hackney Health Authority 1997 case is also considered a framework for proving the liability of the negligent doctors. The medical negligence solicitors draw reference from the verdict of the case which stated that if the management of a hospital has acted unreasonably, it proves that the body (or the management) did not act responsibly. These two medical negligence cases help the solicitors to prove the liability of the doctors.

The lawsuit filing procedure

• Reputable medical negligence claims management companies or the SRA certified solicitors dutifully adhere to the standard procedure of filing a claim. The standard procedure as follows:

• The claimant has to send a ‘Letter of Claim’ to the hospital authority or the individual practitioner under whose treatment he was.

• He has to state the particulars of claim and negligence in this letter.

• After receiving these documents, the defendant’s lawyer has to fend for his client.

• All the reports will be assessed by the court.

To conclude, if someone becomes a victim of the medical negligence, he has to prepare all the pertinent documents first. He also needs to find an expert solicitor for representing himself in the court.

Medical Negligence

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