Some cases of medical negligence are easy to detect. A patient may wake up after having surgery with the wrong limb missing, or their child may have been injured during birth. However, other cases are hard to determine, and it can take months for a case of negligence to be made. If you feel you’ve been mistreated by a doctor or other medical staff and have injuries due to that treatment, then you may have a case for medical negligence.
What Is Medical Negligence?
Medical negligence, which is also referred to as clinical negligence, means that a patient has been injured or damaged by someone who had a legal duty to care for them. This means that a doctor, nurse or a medical technician has somehow caused damage to the person who was in their care. For clinical negligence to be determined, the person making the claim needs to prove two things: fault and causation.
What Is Fault?
When you are treated by a medical professional, you can expect to be treated up to the standards of a skilled, competent professional. When they fail to do so, there is a ‘breach of duty’ and they can be found at fault for any damage you received due to their breach.
What Is Causation?
Causation means that you have to prove that the way you were cared for is what caused your damage, instead of the condition for which you were being treated. Although you may know it was the medical care that caused your harm, it can be difficult to prove. Your case may need to be reviewed by a medical expert to prove causation, which is also called avoidable harm.
If you feel that you have a case for medical negligence, then you can receive compensation for pain and suffering, medical expenses and the costs of future treatments that may be required for your condition. However, you will need to retain the services of medical negligence solicitors to help prove your case. It is important to contact a solicitor as soon as possible because there are time limitations for filing negligence cases.
A medical negligence case has to be filed within three years of the date when your injury happened. It can also be filed within three years of the time when it was discovered your injury was caused by medical negligence. So, if you have a condition and it is determined several years later that it was caused by a hospital’s or a doctor’s negligence, then you have three years from the time of discovery to file a case for compensation.
Proving a negligence case can be complicated, and you can usually expect a settlement offer to keep the case from going to court. However, if you decide to pursue a court case, then you need to hire a solicitor that is experienced in medical negligence cases. They will know what needs to be done to help prove your case and get you the compensation you deserve.