In the UK each and every year, the number of claims for medical negligence cases are on the rise. It’s possible to state the only outcome to a claimant for a case of negligence is the award of damages; where monies are allotted for the proposed damages in a claim filed by the patient, the patient’s family or that of a solicitor for a family. In the event that a serious side effect has happened in your life, where you are unable to find suitable work, unable to sustain your current living standards and or a sudden change in your mental capabilities, filing a claim may be your best bet.
Negligence is handed by the legal duty of care which is owed to one person and provided by another which may have resulted in damaged caused by that person. Clinical Negligence often referred to as medical negligence is wrapped around claims against nurses, doctors, healthcare facilities, health care professionals and their supposed companies.
In all generalities, there is a bit of a difficulty when it comes to proving that a doctor or medical staffs who were responsible for treating a person or a family member owe the families or persons the duty to take care of said person. This is not limited to nurses or doctors, but also other health facilities, health practitioners and their said companies. This can also include laboratories, therapists, mental doctors and institutions as well as ambulance or emergency services.
In the UK the Bolam test is a test of whether a doctor breached the duty of care to an individual based on the standards set down by his or her precise field of expertise. Remember you are required to show, whether the Doctor did or did not do this service. The comparison of other skilled practitioners in the same field will be measured against the Doctor in question. Recent changes however, made to the court system have deemed when the court is relying on the verbiage of a Doctor to show what was not negligent – the opinion also has to be logical and reasonable.
When the presented information is handed to the courts, they will decide whether the matter is concerning treatment, diagnosis or plain advice. In some cases, generally speaking but in more specifics private practices are where there seems to be an issue. You or your loved one may have a signed contract for a specific type of treatment. In private care, the Doctor may have stated a specific type of treatment in which the treatment may have not happened as stated. This is where it should be noted that the Doctor may be in breach of the contract especially if he or she has not indeed been negligent.
Extreme cases of negligence are often more of a patient needing an amputation and the wrong limb was removed. In this case, the Doctor would have to prove why he or she did not take the correct limb. The best way to be ready for these scenarios is to be able to consult someone who knows the laws and what to advise you to do. Remember, there is no harm in seeking to claim. After all, you only get one life.