Claiming medical compensation can be difficult. The medical profession is a complicated one and just because things haven’t gone as well as you had hoped after a medical procedure it doesn’t necessarily mean you are entitled to compensation. Operations and procedures can go wrong through no fault of the surgeons and doctors. In addition, doctors can make the wrong diagnosis even though they have followed medical guidelines and acted competently. For any claim for medical compensation to be successful, two tests have to apply. The first is whether there was any medical negligence. The second is whether or not the medical negligence caused you pain, suffering or financial losses.
Medical negligence, sometimes called medical malpractice, is when medical professionals fail in their duty of care. All medical professionals, whether doctors, surgeons, dentists or even pharmacists, have a duty of care to their patients and it is only when they fail in this that medical compensation is appropriate. In other words, if a doctor provided the best level of care to his or her ability, whatever has gone wrong may not be because of medical negligence. However, if a medical professional acts in a way that doesn’t provide the same level of care as expected from any other competent professional in the same position you may well have a case for negligence.
Pain, suffering or financial loss
To make a claim for medical compensation it has to also be proved that the medical negligence caused pain, suffering or financial losses. This is not always easy, as the pain and suffering could be a consequence of your medical condition and any negligence that has taken place may not be directly responsible. However, if you have had to undergo another procedure to correct what has gone wrong, suffered financially because of the negligence, such as had to have more time off work, or your condition has worsened directly because of any medical negligence, you could be entitled to medical compensation.
Claiming medical compensation
Because the world of medicine is a complicated one and because you have to prove both medical negligence and that any pain and suffering is due to that negligence, you really need expert legal advice before making a claim for medical compensation. At Accident Advice Helpline, our specialist advisors have helped all sorts of people make claims for medical compensation. Our team can guide you through the process, explain what is required, such as whether you need an independent medical and give you an estimate as to how much medical compensation to expect.
Date Published: August 30, 2013
Author: David Brown