What Is Medical Negligence?

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Medical negligence is an area of personal injury law that remains a mystery to many people. Here is everything you will need to know about it.

What Counts as Negligence?

There are two things that need to be proven if you want to show that medical negligence took place. First of all, it has to be shown that the medical professional failed to carry out their responsibilities. Every doctor has a duty of care to their patient, and this needs to be proven. All that needs to be shown is that the care or treatment you received fell below the standard reasonably expected.

The second thing that you will need to show is that this negligence caused you avoidable harm. So, if you are now suffering as a result of this negligence, then this counts as avoidable harm. Of course, in some cases, there is a risk of harm associated with a particular treatment. That’s why you have to sign documents before surgery. But that might not apply to what happened to you.

What Action Can be Taken as a Victim?

If you think that you’re a victim of medical negligence, you should decide what you want to do about it. You are not powerless, even if that’s what many people assume when something like this happens to them. The very first thing you should do is seek medical support to put the effects of the prior negligence right. And then you should make a formal complaint to the hospital where the negligence took place.

After that, you will get a reply from the hospital with regards to your case. How they respond might determine what your next step is. If they apologise and promise to investigate what went wrong, this might be enough for you. But if they’re dismissive or you think that you deserve some form of compensation, you might want to fight for that money. It’s an option that is definitely open to you.

How do You Win a Compensation Case?

There is no sure-fire way of winning this kind of compensation case. You need to be able to make a credible case though. Most personal injury solicitors will be happy to take on medical negligence cases. This is important because it’s extremely difficult to get the outcome you want without the right legal support and guidance to help you. There are many loopholes that can catch you out if you’re inexperienced and don’t really know what you’re doing.

These kinds of cases don’t even have to go to court. If the case can be proven in advance, the issue can be settled without you even having to appear in front of a judge. So, don’t let the thought of having to go to court put you off because that might not even happen. If you have a testimony from a medical professional and specialist, then you will almost certainly get the outcomes that you want. And you will also have to find a way to show that the patient-doctor relationship was broken.