Clinical Negligence Claim – Another Form Of Accident Claim

24th August 2009

Clinical negligence claim refers to the medical cases in which you can be compensated for medical services that were wrong or that were below the norm and that resulted in a personal injury. Negligence is the term that is used when a practitioner could have committed or omitted an action which could have saved the patient further injury. There are many types of medical or clinical negligence, including misdiagnosis, errors during surgery, injuries at birth etc. To make a claim for medical negligence you have to go through these steps:

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•    Establishing that the standard of care or services was poor or incorrect.

•    Show that there was an injury that resulted from this negligence.

(It would also be wise to have a no win no fee policy for such cases).

There is a time limit for such cases. In the case of adults, you have to report the case within three years after you notice the injury that resulted from the misdiagnosis or the incorrect or faulty treatment. For children, the case has to be reported before the person turns 21 years old. To get the compensation, you have to prove that the standard of treatment was below the norm and the opinion might differ depending on the type of ailment. However, the biggest hurdle is to prove that this negligence harmed the patient. This is usually done by going through the records of the patient and when enough evidence has been found, a legal action can be sought. If you have been hurt because of a clinical negligence, you should seek legal action for your case.

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