Sunday, December 2, 2012

How Medical Negligence Claims Differ From Other Claims?


Medical Negligence is an act or incident where a doctor does not fulfill his/her duties in the expected way, resulting in hurting or even causing death of the patient. Medical-negligence can include health care provider such as a pharmacist, dentist, nurse or a doctor.

If care was given negligently, then the patient who suffered can make a claim against that medical professional, but this claim can only be successful if an injury resulted from that incident, which should not have occurred under ordinary circumstances. From a recent study, it has been shown that more than 225,000 people die every year from Medical carelessness incidents, which range from incorrect diagnosis to errors made during surgery.

Proving medical carelessness is often not easy because of various possibilities, and the complexity in medical procedures. Thus, the doctors are not responsible for every mishap, and should not be blamed at all times. Therefore, in order to prove medical careless, solid evidence is needed to prove that the treatment was of an unacceptable and inappropriate standard.

The medical-negligence claim is very different from other claims, as personal injury claim in case of a car accident is very different from medical carelessness. Suppose a car driver hits another car, this is an obvious example of carelessness, and can be a valid personal injury claim, whereas this is not valid for medical careless claim.

In medical-negligence, court has to look upon the potential breach of duty of care and decide carefully whether the treatment fell below the required standard. This is not as straightforward as it seems, and sometimes cases deemed to be of negligence claim do not occur because of negligence in reality.

Another hindrance in the part of claim is to prove that negligence really caused the injury. In a car accident, a driver with no prior injury can easily claim for a severe neck pain right after the accident, whereas this is not the case in medical carelessness. It is quite difficult to prove that the negligent treatment lead to injury to the patient, because it is possible that the patient developed symptoms after undergoing the treatment.

However, personal injury claims and medical carelessness claims may look similar, but in practice it is not so. You can easily win a personal injury claim, but winning a medical carelessness claim is much more difficult. This makes it important for you to choose a famous specialist medical-negligence solicitor who can help you win the claim for compensation.

Medical and clinical carelessness cases are also very different from each other. The compensation of medical carelessness differs from clinical carelessness. In clinical negligence, compensation general damages are given that includes compensation for the injury and pain caused by negligence. In medical carelessness, special damages are given which include treatment fees and travel expense damage to the patient.

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