Clinical Negligence And Its Aftermath
Clinical negligence, earlier called medical negligence
, takes place when a healthcare professional provides a service that is below par, and which led to physical injury, or resulted in the occurrence, or increase in a mental illness. This negligence could have occurred through several ways. The professional might have delayed, or failed in diagnosing a condition, or in treating it. Furthermore, he/she might also have prescribed a wrong treatment, or failed to get consent from the relevant parties.
If a medical accident occurs, it is referred to as clinical negligence. What this term means is that a patient suffered injury, or his or her illness aggravated after being treated. Clinical negligence can occur if the patient was wrongly diagnosed, given the wrong drugs, was not told of the risks involved in the treatment. At times clinical negligence can be fatal.
The course could go to court with the intent of obtaining compensation. Furthermore, it may also be settled out of the court though mediation. In the case of mediation, you might get an apology, and an explanation as to why you were treated the way you were. This will allow you to influence better policies, so that the chances of this negligence could be reduced in future.
In order to file a clinical negligence case, make sure that it is done within three years of the time either when the negligence occurred, or when you actually became aware of an injury resulting due to negligence. The time limit could be contested in case the affected is a child, someone with hearing disability, or someone suffering from a mental health problem. In certain cases, exceptions could be made regarding the time limit.
In order to take your case to court, you will require funding. You may qualify for legal services commission benefit, if you have low amounts of savings, and income. This help may be refused if the damages you are expected to get are less than the cost of fighting the case. You may also get legal expenses insurance, which will then cover all the costs of the trial. However, they might insist on getting a solicitor of their choice rather than yours.
If you do not get the desired result, you can appeal to the Ombudsman, or seek a judicial review. If you are seeking a judicial review, you will need the services of a solicitor who is experienced in handling clinical negligence cases.
He or she will need to review the case, and determine if there is enough evidence to establish that you have suffered due to clinical negligence. He or she may seek advice on medical matters from an independent medical expert. Only after the solicitor feels that there is sufficient evidence to prove a case of clinical negligence, will he file a case.
Seeking a judicial review can be a long drawn out process, and may take years to resolve. Every year there are thousands of cases of clinical negligence under process in various courts. Even after a verdict is given in the claimants favour, it may take years to get the compensation. In a large number of cases, it has been found that the compensation given has not been enough to cover the legal costs. Therefore before seeking a judicial review on clinical negligence, you must determine if the compensation that you may receive will be what you were seeking.
by: David Halbert
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