What Constitutes Clinical Negligence Cases?

Most people understand that there is a chance for things to go wrong with any medical treatment

. Sometimes these problems arise through no one. 's fault. Other times, the problems can be the direct result of the clinician making a mistake. Clinical negligence is what this is known as.

Clinical negligence comes down to two criteria as far as the law is concerned.

Evidence that the clinician implicated did not meet satisfactory standards in your healing. Standards are calculated based on the skill of a knowledgeable professional in the same area. There has to be evidence that no knowledgeable professional would make the same mistake.

Many types of medical mistakes can be made. Was there something that should have been done and was not? Maybe they did something that they should not have done. Regardless, the standard remains the same.

The conclusions are made according to when the incident occurred. The clinician's actions are not considered negligent if the treatment was not known to be unsafe when it was administered.

It is important to note that the law realizes that there are going to be differing opinions in the medical field. With this in mind, a negligent action is one that no reasonable clinician would make.

The, but for, legal test is used for causation. It has to be proven that the damages received would not have happened had the clinician not been negligent.

In order for to have a claim of negligence, those two criteria must be not. It is not enough to say that the treatment was unsatisfactory.

If a clinical negligence case is made against an individual who is part of a hospital system, or clinical group, then the claim will be made against whoever the employer is and not the individual. The employer cannot recover costs from the clinician. In other words, the one responsible will not be the one who has to pay. If the clinician owns their own practice, then they may be liable.

A time period for filing a negligence claim is three years. The three year period can start from the time that negligence is suspected to have caused the injury. There are special rules for cases involving children.

Two stages for the claim exist. Stage one, or the investigative stage, is the time during which all information pertaining to the case is gathered and examined.

The next phase begins if there is evidence to support negligence. At this time, the defendant will receive a formal document listing the accusations that have been made.

Keep in mind that it takes time to get all the information together. This part can take up to 12 months. For the most part, these cases can last six years or more.

by: Matthew Kerridge

POST COMMENT

A Quick Look At Personal Injury A Quick Review On Personal Injury Trust The San Diego Personal Injury Attorneys At Berman & Riedel, Llp Why Do You Need Los Angeles Assisted Living Facility? How A Lawyer Can Assist Before, During, And After Your Personal Injury Case Put Your Potential Legal Claim Into Perspective By Consulting A Lawyer Consumer Complaints: - A Legal Measure To File Complaints. The Finest San Diego Elder Abuse Attorneys Available Why Phoenix Assisted Living Accommodations Are Preferred Over Ordinary Nursing Homes? Ladder Accidents In The Workplace Sacramento Ca Attorney Are You Suffering From A Spinal Cord Injuriy Due To A Car Accident? The Lowdown On Construction Phase Plans