Financial compensation for what is commonly known as ' medical negligence' but what is now termed 'clinical negligence' can be a slippery slope indeed. But whether your breach of duty of care occurred in a National Heath Service facility or a private clinic for which you paid, you may have a compensable claim.
What, you may ask, will qualify as a compensable claim? If at all in question, do consult a solicitor immediately should you believe that your care was substandard and may have caused you or your child injury. Near misses that were corrected at the last moment do not qualify; as they say, no harm, no foul.
Years ago, anything short of brain injury or death would fail to meet the standard. However, new issues arise daily, adding to the list infection due to un-sterile conditions, misinterpreted mammograms and cervical screenings, delays in referrals to specialists, improper diagnosis, unnecessary surgery, and the list goes on. In addition to breach of duty of care, your claim for some injury may overlap with an additional claim for breach of contract, if your procedure was performed in a private clinic.
After suffering any medical harm, the first inclination is to blame the doctor. He was responsible for keeping you healthy and now not only are you ill, you are worse off than you were before. You are emotional and distraught, and undoubtedly in no way sporting that famous stiff upper lip. However, emotion will get you very little at the end of the day. Think through your needs. Do you require simply that the problem be rectified? Do you want the doctor investigated and reprimanded? If your injury is serious, you may require substantial financial assistance.
There are several services available that can make recommendations, without prejudice, as to the solicitors with the best litigation records in medical negligence cases. You will want someone who has solid experience in this expertise. Consult a solicitor and lay out the entire situation. The more information you bring him, the better. These cases are difficult and may hang on for some time. Be patient, and fight the good fight.
Friday, July 3, 2009
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