Clinical Negligence Claims

By Author: Shourya Ray
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Over the years, in spite of major advancements in medical technology, there have been instances of patients falling prey to clinical negligence. Let's take a look at what exactly is clinical negligence?

Clinical negligence or as some refer to it, medical negligence or medical malpractice, is a term in the United Kingdom that could be applied to the wrongdoing of a medical practitioner or negligence on his behalf. The medical practitioner does not have to be a doctor and it could be therapists or other medical professionals who provide varying types of medical care. When someone files a case alleging clinical negligence it means that either by omission or straying from treatment standards, the practitioner has caused some form of injury or general discomfort in the form of physical or psychological damage. This could be a physical or emotional injury that seriously impacting the person's life, and a lawsuit might occur to hold the practitioner financially responsible for his acts or failures.

There are a number of things that could be considered as clinical negligence. A doctor or other practitioner could be sued ...
... if they fail to diagnose a condition that reasonably should have been diagnosed, or if they diagnose something incorrectly. Prescribing the wrong treatment and refusing to treat a condition are two negligent acts that might attract a lawsuit for the doctor or medical practitioner. Sometimes treatments themselves can be considered under this heading and pharmaceutical companies that make treatments like medications or medical devices might be sued for clinical negligence if these medicines or devices cause repercussions and side effects that they have not been alerted of.

Such cases can go to trial juries in many areas or they may never get to trial because of out-of-court settlements that have been reached between the parties. Some cases are dropped if the suit doesn't seem actionable or if attorney fees are too exorbitant for a patient to continue. Notably, attorneys undertake many malpractice or negligence cases on a contingency basis, meaning they are paid only if they win.

If you have been injured as a result of clinical negligence you may have a right to compensation. You will have to obtain a lawyer or attorney to act for you because clinical negligence cases are always fiercely defended and are very tricky. So pick a lawyer with a good track record in clinical negligence cases.

Clinical negligence is a specialist area so it is important that your solicitor has specific experience in this field. The clinical practitioner or authority will be defended by experts and you must have equal specialist advice and information and sufficient proof of negligence. There are lots of experts who provide this kind of specialist clinical negligence advice and experience that can help you highlight your case.

Shourya Ray, Expert Author.For more information: Clinical Negligence Claims


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