In hospitals and other health care facilities, the doctors and other staff are responsible for providing proper and timely treatment and care to patients and for this they charge a certain fee. However, sometimes the patients suffers injury, incomplete treatment or an exacerbated condition and sometimes even death due to medical or clinical negligence on part of a physician, surgeon or any other person who was responsible for making the patient feel better. These cases are termed as medical or clinical negligence cases and they are often exposed in hospital negligence claims. The purpose of these claims is not just to receive some sort of compensation to bear the expenses after the incident, but also to make sure that such carelessness does not happen again to save other patients under treatment in the same hospital.
Types of Hospital Negligence Claims
Although there can be many instances where hospital negligence is responsible for a certain type of harm or injury, many of these can be addressed by the complaints department rather than involving the legal authorities.
Basically there are two types of legal claims that come under hospital negligence;
- Clinical or medical negligence claims
- Personal injury claims
You need to differentiate between these two types in order to find out where you stand and to be successful in getting a compensation for your loss. You might also file a claim on behalf of a loved one who lost his or her life due to clinical negligence. In the first case, which is commonly known as clinical negligence, the claimant has to prove two things: firstly, the doctor or physician or whoever was responsible failed to provide adequate treatment and secondly, this negligence has caused the harm you’re currently suffering from.
When it comes to personal injury claims, there could be many cases, such as accidents, abuse (both physical and sexual), serious injury or head injury caused during surgery, poisoning, and so on and so forth. Some of these accidents or mishaps might happen outside the premises of a hospital or health care facility. In such a situation, those would not be considered hospital negligence cases. However, if the injury or harm occurred inside a hospital and a person from the staff was directly or indirectly involved, you could file a claim against that person.
Once you have determined which category your case falls under, it’s time to file the claim and collect evidence that would help you prove your prerogative and get compensation for your loss. The first step after you have completed the initial assessment is to contact a specialised solicitor who would advise and guide you along the entire procedure and also help you to be successful in your claim.
Why File a Claim?
Hospital negligence may occur anywhere anytime but the important thing to remember is to expose such carelessness so that the clinical standards in a hospital setting could be improved and other patients are treated the way they should be. If such an event occurs, you should immediately go forth with either a complaint or a clinical negligence claim seeking legal help from a specialised solicitor. Such a claim results in recovering any treatment costs or other expenses in case it could be proved in the court of law that the unfortunate event was in fact the result of negligence on part of the doctor, nurse, paramedic staff or any other person directly or indirectly. However, it is recommended to investigate the matter closely because it is certainly not appropriate to point fingers when the other person is not guilty. If you are not satisfied with the treatment provided by the hospital, you should first opt for a complaint. In most cases, these complaints are promptly handled and addressed by the concerned party in order to save the reputation of the hospital or health care facility.
But in case the negligence caused you or a family member an “avoidable” harm, you should file a claim because these are serious matters not to be taken lightly. The hospital staff must be made accountable for their actions so that other patients could be saved from such sloppiness and lack of care. You only have to come up with evidence to show the jury that the harm could have been avoided if certain steps had been taken by the hospital staff while treating a certain condition.
How much compensation can I claim for hospital or medical negligence claims?
To calculate how much you can claim for it is not a simple question as their are many different types of hospital negligence injuries and each injury can be completely different. Also even for the same injury the recovery time can be different and that can cause the compensation amount be different. To get a more acurate price list of how much compensation you can claim for visit hospital or medical negligence compensation how much can i claim. If you do need help calculating also you could get a rough estimate from a medical negligence solicitor.
Fees Associated with Hospital Negligence Claims
One thing that most people are concerned with before bringing a hospital claim is the legal charges associated with such a claim. You will be pleased to know that solicitors handle such cases on a no-win-no-fee basis throughout the UK. This means that if unfortunately your case is unsuccessful and no compensation is granted, you don’t have to pay any fee to the solicitor. You must remember that there is a time constraint associated with all types of hospital negligence claims, which is usually three years from the time the sad incident took place. So, it is advisable to act fast if you think you or one of your family members have been a victim of hospital negligence and contact a solicitor to discuss the entire situation. The charges of carrying out the case depend on the duration of the case and the outcome. Don’t forget to discuss all these points with the solicitor you hire for hospital negligence claim.
There can be many cases when hospital or clinical negligence results in injury, a worsened medical condition or even death of a person. While nobody does that intentionally, it is still important for the sufferer to recover the costs he or she spent on the treatment and medical care especially in a private setup where these costs are usually very high. In order to receive compensation in the form of money, the victim of hospital negligence must bring a claim to the court of law through a solicitor with adequate evidence to prove that the incident actually occurred due to negligence and not because of some other factor.
How can i get free legal advice on hospital negligence or medical negligence?
You can contact a medical negligence claims specialist make sure they offer free advice and most companies or solicitors that do offer this will also have a no win no fee claims service to find out about how no win no fee hospital negligence claims work visit compensation after a accident or injury page.