The Jigsaw Pieces of Medical Negligence Claims

Doctors and nurses the World over have the same sacred responsibility, act accordingly to the text books, or face medical negligence claims. They have to bear this responsibility in mind whenever, and for whatever reason they interact with patients. They are responsible for providing advice and treatment the best of their ability and knowledge. And to apply the best, currently available and agreed standards of medical care. If any medical professional makes a mistake, or fails to give care when they can and should, then they are guilty of failing in their sacred responsibilities. This is known as medical negligence, or occasionally clinical negligence.

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Inevitably medical negligence will happen from time to time. And when it does happen, the person who suffers as a result should be compensated financially. There are however 3 pieces of the medical negligence jigsaw that must fit together before the law will enforce recompense to be made.

1) Medical negligence has to be proven with evidence.

2) Patient suffering has to be proven to be caused by the act or omission of proper medical care.

3) Damages have to have occurred and been assessed.

If you feel you have suffered at the hands of those who are meant to care for you, and that your suffering can be traced back to your treatment with documentary evidence of actions and or negligence by medical practitioners, then in all probability you have a genuine right and a duty to pursue a medical negligence lawsuit.

The big question that nobody can answer with any certainty is, just how much compensation are you entitled to? Every medical negligence case is unique but very similar. The three jigsaw pieces are like general principles but the calculation of compensation is a complex one.

This is where your legal team comes in. They will look in detail at all aspects of your claim using their experience and knowledge of previous cases. Then they will do their own calculations to arrive at a likely number. Precedence is very important in doing this.

Solicitors for both you and the defending health authority will know all about similar cases in the past, and both will be expecting similar amounts, adjusted for individual details and inflation to be awarded.

It is very common for negotiations to take place in advance of a full court hearing. An offer will probably be made. This will be somewhat short of amount precedent may call for but this will be a price paid for avoiding the full court case.

Source- http://www.medicalnegligenceassist.co.uk