A Guide to Claiming Compensation for Negligence

Normally, it is rare to experience a problem when it comes to medical care, but unfortunately, things can go wrong at times. If you have experienced an issue as a result of medical negligence, then you may be entitled to compensation. The amount of money you are able to claim will depend on the severity of the issue. Whether it was from a private practice or an NHS run facility, if you are unsure on how to claim the compensation you deserve for medical negligence, here is a short guide to help you out.

Clinical Negligence Explained

If you have suffered an injury due to lack of or misdiagnosis, a mistake was made during an operation or medical procedure, you have been given the wrong kind of treatment or you weren’t warned about the risks involved in taking the medication given to you, then you have suffered clinical negligence. If the medical treatment has caused you to suffer from an injury, then it may get referred to as a ‘medical accident’ or a ‘patient safety incident.’ This doesn’t mean the treatment you received was necessarily negligent and you will need to check whether your issue falls within these guidelines.

Timing

You need to make sure you start taking action at least three years after the incident or injury occurs. If you are dealing with children, then the three-year limit is on hold until the child turns 18 years old. If the claim involves someone who is unable to sort out their own affairs due to having a mental disability, then unless they make a recovery from their disability, the three-year period isn’t applicable. In both of these cases, a parent, relative or someone else close to this person can go on to make a claim on their behalf.

Legal Action

If you have suffered an injury due to poor medical treatment, then you may be eligible to take legal action to claim some compensation. Next of kin is also able to do this, as long as the cause of death was due to negligent medical treatment or the person who has suffered from negligence is unable to take the legal action by themselves because they do not have the capacity to do so. If you do go on to take legal action, then you will need to hire yourself a solicitor for medical negligence claims. Taking legal action is an expensive procedure, it takes a lot of time and it can be very stressful for those involved, especially if it was a particularly traumatic experience. You need to understand that a clinical negligence action can only help when it comes to claiming compensation. No discipline or apologies will be involved.

Once you have gathered up your information and know whether or not you are eligible to make a claim, then you can go on to win the compensation you deserve. You will be able to claim compensation for any kind of injury or loss you have suffered directly from the negligent medical treatment you were unlucky enough to receive.

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