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SpinDistribute.com Article Directory

The following article was published in our article directory on February 11, 2013.
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Medical Negligence | Whatever Is Medical Negligence And May I Claim?

Article Category: Advice

Author Name: Malcolm Freeman

Medical Negligence

Medical negligence may affect anybody seeing their doctor's surgery, or going under the surgeon scalpel, or perhaps in the back of an ambulance or perhaps in hospital. Being a patient under the care of a health care professional is probably the only occasion where we may unconditionally place our entire welfare in the hands of a healthcare assistant. We need look no further then the current travesty within the NHS at the Stafford Hospital in Staffordshire where mismanagement, blunders, neglect and abuse has left 1200 patients dead and no-one todate has been sacked. The Stafford Hospital bosses have been accused of putting cash before care which has led to over a thousand claims for medical negligence.

The costs for claiming clinical negligence in the Stafford Hospital fiasco will run into hundreds of millions of pounds and a further £13 million will be used on investigating this appalling scandal and it is the taxpayers that will pick up the bill. This disaster has highlighted over 100 other NHS hospitals that are to be inspected in the wake of these claims for medical negligence.

The Explanation of Medical Negligence

Today the phrase medical negligence is usually called "clinical negligence" by solicitors acting on behalf of their clients. The process of medical negligence is where a person takes a member of their medical team or person that treated them whilst in hospital, in an ambulance or at a doctors surgery by way of example to a court for financial recompense.

What is Medical Negligence And Can I Claim?For a patient to bring a good case of medical negligence against a hospital, surgeon, doctor or nurse they must show beyond doubt that the medical assistant or hospital owed them a 'duty of care 'and that they were negligent in their management and that they the claimant had indeed suffered harm as a direct consequence of undergoing treatment by them.

Anyone claiming clinical negligence will need to prove liability (that the medical attendant had acted in a way no other similar professional would have done in a comparable situation) and causation (which is proving that the harm caused to the claimant would not have occurred had it not been for the action of the defendant and it was more than 50% more likely to have caused them the harm) in order to obtain any recompense.

A lawyer acting for a client will assess the claimants' loss in relation to quantum losses which is the calculation of any future and current loss of earnings as well as any reduced loss of quality of life or any mental anguish suffered. The claim for these quantum losses would be in the form of a financial reward to pay the victim.

Choose The Best Medical Negligence Solicitor

The definition of medical negligence is not the same in every case as no two cases of medical negligence are the same. So it is vital that following any medical situation that you believe has caused you harm, you should contact a medical negligence solicitor to take advice. Always look for a solicitor specialising in medical negligence as they will have the specific experience and knowledge to counsel you and help you claim the most suitable recompense after having a medical mistake.

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