Understanding the Legal Aspects of Clinical Negligence

clinical_negligenceIf you feel that you or someone close to you has suffered as a result of clinical negligence, it is worth knowing your rights because you may be entitled to some form of compensation.

The term clinical negligence is used to describe a medical accident or mistake that results in illness or injury to a patient. Negligence does not arise from medical complications but occurs when a healthcare professional or doctor has not implemented the correct standard of care. It usually means that the professional involved, no matter how experienced, competent or qualified, has made a critical error that ought to have been avoided. To understand the difference between complications arising from treatment and actual negligence, it is advisable to consult with clinical negligence solicitors who can provide professional help and guidance.

Examples of clinical negligence

Examples of clinical negligence include surgical errors, misdiagnoses and dispensing or prescribing the wrong medication. Clinical negligence also applies to the absence of right action, such as not treating a patient when needed, not obtaining consent or agreement from a patient for treatment or not informing the patient of the risks of a certain type of treatment.

If you are unfortunate enough to experience a medical accident one of the first things you need to do is ensure that you are receiving the correct treatment for the injury or illness. It is a good idea to ask for a second opinion or be referred to another clinic or hospital. If you feel that it is appropriate to claim for compensation, then you should look for a team of suitably qualified and experienced clinical negligence solicitors. It is important that you decide on the right course of action after you have sought advice from family, friends and legal experts because you may incur serious medical expenses as a result of the accident and loss of earnings.

Some clinical negligence incidents are minor in terms of the injury sustained and the patients involved simply want to report it to receive an apology and to ensure that it does not happen again. If, however, you are unlucky enough to be involved in a very serious case, then you need to do everything practical to ensure you receive a full recovery and any compensation due to you.

If you do decide to go ahead with a clinical negligence claim, then you need to put together some kind of report on what happened. You may request an explanation from the medical professionals involved, keep a record or diary of your own dating from the accident and maintain an account of any extra money you have had to spend because of the accident. Because of the complicated nature of clinical negligence claims, it is always advisable to seek the help of clinical negligence solicitors; not only are they experienced in these cases, but you might find it extremely difficult and costly to represent yourself legally, especially if you lose your case.

Julia Davis is an experienced writer. Her special area of interest is legal affairs and she has used a clinical negligence solicitors firm for research purposes for this article and those on a similar theme.

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