Medical Negligence Compensation

If you make a medical negligence claim which you go on to win

, you will receive a sum of compensation. But how do you know if you can make a medical negligence claim? And how much compensation will you receive? This article explores these questions, providing you with the answers you need.

Can I Make a Medical Negligence Claim?

There are many factors at play which determine whether or not you can make a medical negligence claim. That is why your first step must always be to seek legal advice you can trust.

A solicitor will listen to the facts of your case, discussing your treatment with you, asking about your injuries, and enquiring as to how these have affected your life. He/she will then be able to use their experience and professional knowledge to consider whether or not you have a claim. Firstly, this will depend upon whether the care you received fell "below the standard of a responsible body of medical men". If it did, then the medical professionals who treated you have breached their duty of care towards you. If this breach of duty caused you to suffer an injury, then you will be able to make a medical negligence claim.

Nevertheless, it is not always so simple, as there are often various elements to take into consideration. For example, claims must be settled within three years of the event in question, meaning you may have run out of time. Therefore if you believe you have been the victim of medial negligence, you need to speak to a legal expert to discover what your options are.

Will I Receive Compensation?

If you are able to pursue a medical negligence claim which turns out to be successful, you will be awarded a sum of compensation. Although this will not undo the harm caused to you and your loved ones, it is hoped it will help to put you back in the position you were in before you sustained your injuries. The majority of claims are settled outside of court, and thus the compensation you receive will be a sum negotiated between your solicitor and the other side.

How Much Compensation Will I Receive?

The amount of compensation a medical negligence victim will receive varies from case to case. Firstly, it will be calculated according to the extent and type of injury you sustained. This is known as general damages, and is intended to reflect the amount of pain, suffering and loss of amenity you have experienced because of your negligent treatment. Secondly, you will be given a sum to recompense to the actual financial loss you have incurred as a result. This is known as special damages, and can cover factors such as a loss of earnings, travel expenses, medical expenses and other such costs.

Copyright (c) 2011 Julie Glynn

by: Julie Glynn

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