This is a situation where a medical practitioner has neglected the necessary standard of care that he or she is supposed to accord to his or her patient thus causing the patient to worsen or be injured. The following are some of the common kinds of medical negligence that may occur; misdiagnosis, faulty treatment and sometimes wrong surgery if you’re very unlucky, but worry not as there are experts available that will make sure that any dental issues that now trouble owing to your medical practitioner is brought some exposure and that you are paid your compensation with the utmost respect and such professionals are available at dental negligence solicitors Manchester.
What is Medical Negligence?
It is a practice whereby a medical practitioner treats a patient in a negligent manner or in an unprofessional way that is not suited for someone in their position which leads to the outcome in which a patient suffers an injury.
Legal Definition of Medical Negligence:
Legally, medical negligence claims must adhere to a two-part test.
- You have to be prepared to prove whether the care you received was subpar. However, we do not have access to outstanding or gold-class healthcare, only a “reasonable standard”. That appropriate standard is determined by impartial medical specialists.
- The legal principle that you will be applying is ‘onus probandi’ or ‘the balance of probabilities’ which means that you have to be able to prove that your poor treatment was ‘more likely than not’ the cause of your injuries or worsened the condition.
Can I Claim for Medical Negligence?
To decide if you are even eligible to pursue a medical negligence claim, you have to be prepared to show that your case fits with these crucial criteria:
- The healthcare practitioner who has been in charge of the healthcare you received is neglectful and hence did not observe the standard of care as is expected of a healthcare practitioner.
- That this breach of duty resulted or strongly attributed to your injury or illness, as well as that this caused a major impact on your life.
- You are filing your claim within the legal period, which is often up to three years from the start of the occurrence or the date you were aware of the improper care. There are certain exceptions, like cases affecting children or people who lack mental competence, in which the time restriction can be prolonged or waived entirely.
How Can I File a Complaint?
If you are just dissatisfied with the standard of medical care you got but didn’t experience any tangible negative consequences, either physically, mentally, or financially, as well as are more concerned with receiving apologies or clarification, you could think about writing a letter to the doctor or hospital trust who is accountable for your care.
This may frequently bring nice closure in the aftermath of such an incident as well as go a long way towards ensuring that this type of situation does not occur again for future patients. If, however, the occurrence caused you to incur an injury, complicating factors, or financial loss, you might have been able to seek financial compensation. At this stage, you must speak with an expert medical negligence lawyer.
Alternatives to Litigation Include Mediation and Arbitration
Besides, the patient might be presented with other forms of trial such as mediation in addition to court trials and settlements. These tricks may provide a cooperative rather than adversarial nature towards resolving medical malpractice claims. Mediation involves getting a third person who will sit between the patient and the health care professional to reach a common conclusion. Mediation is non-adjudicatory which is to mean that either of the disputants does not feel compelled to accept the outcome of the process in any case. Arbitration on the other hand is more of a formal method of settling disputes.
An arbitrator or a set of arbitrators hears the two parties’ version of the case in an attempt to make the final decision. Arbitration is quicker and can be done anonymously as compared to trials, however, the award is final and cannot be appealed. A few of these consumers have contracts containing arbitration provisions that force patients to resolve their disputes through arbitration only. Patients should keep themselves aware of such clauses and should have an adequate understanding of their implications when going into any medical contracts.
Will I Have to Go to Court?
Medical negligence lawsuits are seldom litigated, with only the most complex instances winding up there. Nevertheless, if your case proceeds to court, we will assist you throughout the procedure. A lot of customers are startled to discover that the courtroom atmosphere is far calmer than they expected.
Final Words
Try to be patient, since these claims may require time to resolve. However, with determination & the correct help, you can obtain the medical negligence compensation along with justice which you deserve.
