Medical negligence cases can be extremely upsetting for the victim. After all, you put your care in the hands of others, and so when they let you down there is nothing worse. If this has happened to you, you should definitely explore the possibility of making a claim for compensation.
Do you have a medical negligence case?
People are often unsure as to whether they have the basis for a claim regarding medical negligence because it is such a broad term. There are many different examples of medical negligence, such as…
- Bad or false advice given by a medical professional
- Negligent medication
- Poor after-care
- Negligent treatment
- Mistakes made during an operation
- … And much, much more!
If you have been involved in a medical negligence accident that has resulted in an injury to yourself, you could be entitled to compensation. You can read our useful FAQ guide here: http://www.acodeza.com/2017/12/common-medical-negligence-questions.html. But first, in order to determine whether you have a strong case, you need to ask yourself three key questions. These are as follows…
1. Who caused the incident?
This is undoubtedly the most important factor in medical negligence cases. You need to be able to show that the accident occurred because of an error or negligence on behalf of the medical professional or hospital as a whole. After all, you need to have someone to make the claim against. You definitely cannot expect to get compensation if you caused the accident.
2. When did the accident happen?
A lot of people do not realise that there is a time limit on medical negligence cases. You have three years to make a claim. This is three years from the date of the incident. The only exceptions relate to an injury occurs over time, i.e. the symptoms are not immediately obvious. If this applies to you, you will have three years from the date of diagnosis instead. Nonetheless, please note that court proceedings have to be issued within this period.
3. Did you receive professional medical attention?
The final question you need to ask yourself is whether you have seen a doctor for your injuries. This is typically a lot easier to showcase, as most claimants were in a hospital, to begin with. Either way, it is important to note that you cannot expect to claim if you have not received professional medical attention. After all, how else are you to prove you suffered an injury in the first place? Therefore, no matter how minor your injuries may be, you have to have seen a doctor.
The compensation you will receive
Hopefully, you now have a better understanding as to whether you have a valid claim. Aside from this, it is important to note that when you make your compensation claim, you will not only be compensated for your suffering. All compensation for medical negligence is split into two sections. You will also receive compensation for any costs you have encountered as well. Have you had to pay for psychological treatment? Perhaps you have had prescription fees? Have you experienced a loss of income? Perhaps you have had to hire childcare whilst you recover? You will be compensated for all of these. So don’t forget to keep proof like receipts!
How to go about making a claim
If you have decided that you have the right to compensation and you want to make a claim, having the best lawyer on your side is undoubtedly one of the most pivotal ingredients. It is important to look for a lawyer that specialises in the type of medical negligence you have suffered. For example, if you have experienced an injury while given birth, you can find specialist solicitors checking out https://www.grayandwhitelaw.com/practice_areas/kentucky-birth-injury-lawyers.cfm. Aside from this, you need to make sure you choose a law firm that has plenty of experience combined with a good reputation in the industry. Take the time to find the best professionals for you, as you won’t get a second chance to make a claim for medical negligence.
Hopefully, you now have a better understanding of medical negligence claims and the steps you need to take if you have been the victim of such a scenario. Finding a good law firm will enable you to focus on the most important factor: your recovery.
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