The increasing number of medical or clinical negligence claims has become a point of major concern for the NHS and the situation requires to be dealt urgently. A report published in one of the leading dailies of the UK, during the final hours of 2012, suggests that the NHS faces bankruptcy. At the same time, there has been a huge demand in favor of changing the existing legal framework. According to the report, there has been a rise of at least 10% rise in the claim for damage compensation and the total amount is not less than £18 billion. The legislature may take the necessary steps to reduce the immense financial burden on the supreme healthcare management institution of the UK but that cannot be regarded as an initiative taken for guaranteeing better healthcare for citizens in need. Thus, it is a matter of prior importance that people understand their rights against injuries caused through medical negligence and convince the system to take the necessary actions that could assure them of better and more careful treatment facilities. Without knowing the varieties and types of claims, however, it would not be possible for them to initiate the process correctly.
Medical/Clinical Negligence in a Nutshell:
Formerly known as medical negligence, the legal process of clinical negligence aims at providing the opportunity to a person to address the problems he faced during a treatment before a civil court of law, seeking compensation against the damage caused. In order prove the truthfulness behind the argument; the claimant must establish the following:
- In order to prove the liability factor, the claimant needs to provide evidence against action of the healthcare professional in order to prove that the person concerned hasn’t acted in the manner that he/she expected to.
- To prove the causation factor, the claimant needs to provide evidence that the consequences would not have been harmful if the physician or healthcare provider would have been careful.
- The claimant needs to provide evidence in support of the observation that magnitude of the loss and injury is not only physical, but it is psychological as well and affects the standard of life and capacity for earning. Accordingly the court would take these issues into account to determine the compensation amount.
The process of recovering compensation for medical negligence is quite a rigorous one as accuracy of the evidence is taken quite seriously by the court of the law. If you are not sure to manage them properly, it is better to take help of an expert medical negligence solicitor.
What are the Types of Clinical Negligence?
There are several types of injuries that may occur due to negligent or incompetent act of a healthcare professional and each of those types comes under the scope of medical negligence. To understand the various types of claims, you need to have a comprehensive idea of the categories at the first place. Different types of clinical negligence claims include:
- Claims for misdiagnosis or delayed diagnosis: A patient has the capacity to claim compensation for the injuries caused due to misdiagnosis of a health condition or delayed diagnosis of the same. In such situations the treatment procedure that follows, often leads to health complications of various degrees of seriousness.
- Claim for Brain Injury: Brain injury may occur in several situations that include road traffic accidents, accidents from slipping, falling or tripping. However, brain injury claims can be established on the grounds of medical negligence if concerned healthcare professional/s failed to perform their treatment correctly, competently or due to complications originated during childbirth.
- Claim for surgical errors: Such cases have increased significantly in recent years. A patient, under the personal injury law, is legally capable of establishing compensation claim against any healthcare professional, involved in the surgical procedure, seeking remedy for the injury caused.
- Claim for Wrongful Death: If incompetent or negligent medical treatment is the main cause behind death of any family member, as a relative/spouse/dependant to the deceased, you have the legal eligibility to claim compensation from the person responsible.
- Misdiagnosis of Cancer: In many cases, detection of cancer at an early stage may help a person to get over the situation completely. If diagnosis of the disease gets delayed, in the long run, situation can be complicated, painful even fatal. If you think that the disease has been detected much later than required or due to misdiagnosis of the health condition the situation has actually turned worse, then you are eligible to ask for compensation from the concerned healthcare professional.
- Claims for Cerebral Palsy: Failure to provide proper attention to a new born or incapacity of a healthcare professional to take the correct action may lead to serious problems like cerebral palsy. People suffering from this problem generally experience both physical and mental handicap. The English Law provides you with the scope to claim compensation against this type of clinical negligence.
- Claims for Hair Removal Therapy: Excessive hair growth in different parts of the body, including face is a common problem of women. Wrongful treatment administered by a healthcare professional may lead to different types of complications. You have the legal eligibility to demand compensation against these types of injuries.
Apart from the aforesaid types, the other forms of clinical negligence claims include claim for orthopedic treatment, injuries caused due to pregnancy related problems, injuries caused in laser eye surgery, hospital and nursing home claims, gynecology claims and several others. Any form of injuries caused due to clinical negligence casts an impact on your physical and mental health. At the same time, these complications stand as antithesis to the principles of English jurisprudence – the right to live and civil liberty. You may do a bit of research by yourself on the types of claim before you move for the final goal. The leading UK law firms would be more than happy to provide you with quality assistance, provided you have all the proof to establish your claim. So, don’t delay anymore because by taking the timely initiative you may put forward your contribution in the nationwide stand against medical negligence and administrative ineffectiveness of the NHS.