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What Constitutes Medical Negligence?

27 March 2013 No Comment

Medical negligence is a common occurrence in countries all over the world. Unfortunately, those who are victims of this practice are often so unknowledgeable about what constitutes negligence that they never file a claim. If medical negligence or malpractice is evident and can be proven, compensation for pain and suffering can often be obtained. Because negligence often results in additional medical bills and long term effects, it is essential that patients understand what negligence is and how to prove it should such an event occur.

Typically, in order to be considered negligence under certain laws, claims must show proof that a violation of standard of care has occurred. Laws acknowledge that there are specific standards to which medical facilities and medical professionals should be held. Acceptable medical treatment should be provided at all times by healthcare professionals and at any time that acceptable treatment is not provided, negligence could be present. Healthcare professionals and facilities are expected to deliver care to patients that abides by these professional standards. When they do not, a patient may be able to prove negligence.

If an injury is the result of that negligence, a claim may be valid. It is often not enough that a doctor, nurse or healthcare facility simply violates the typical standard of care. Patients may also need to show that a direct injury was a result of that negligent care. The victim of negligent or his or her representative has to be able to prove that without the care that he or she received, their injury would not have been sustained. If the negligent care provided by a healthcare facility or professional did in fact cause a direct injury, that patient may very well be eligible to file a medical negligence claim and seek compensation for the pain and suffering from that injury. Compensation is often enough to cover additional medical expenses as well as loss of income past, present and future and general suffering.

Medical malpractice cases can be very difficult to prove which makes it essential that competent assistance is received. A law firm that specializes in medical negligence claims is often the patient’s best bet to ensure that his or her attorney is familiar with malpractice laws and regulations in their area. An experience firm like the one at www.axiclaim.co.uk will have much more practice in these types of cases and be better equipped to offer the legal advice and representation necessary to win such a hard to prove case.

Examples of medical negligence can include a physician’s failure to properly diagnose a certain illness or injury when that illness or injury worsens or causes additional suffering. Misreading results from lab tests, scheduling and performing surgery that is completely unnecessary, prescribing the wrong medication or the wrong dosage and errors during surgery all qualify as negligent behavior and may be cause for a claim. Those who feel that they have been victimized by medical malpractice should consult an attorney and get started on filing their claim. The statute of limitations on these types of cases is different in various areas and it is generally better to file as soon as possible after the negligence has occurred to ensure that the claim is still valid.

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