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subject: How Do Medical Negligence Claims Come About? [print this page]


When it comes to due care and attention to detail, the work of medical professionals are, more often than not, to the highest possible standard. Despite this, there can be unfortunate instances of medical negligence where the professional in question may have compromised their duty and legal obligations. In these rare but unfortunate cases, it can warrant personal compensation via a medical negligence claim.

Every year in the UK, there are thousands of people who make such a claim, but not all of those who suffered adverse reactions to treatment or operation do so as a direct result of medical negligence. From misdiagnoses, missed fractures or growths to surgical errors and failure to investigate symptoms properly, medical negligence covers a multitude of circumstances.

From misdiagnoses, missed fractures or growths, surgical mistakes and failures to investigate symptoms include the initial grounds under which a medical negligence claim can be made, provided the measure of error is sufficient. Each of these instances, whether through negligence or not, will involve a whole range of consequences, but one of the first factors is the timeliness of the claim.

To make a medical negligence claim, UK law says that you must make the claim within three years of the resultant injury (if the claimant is under 18, the three year period starts upon turning 18). Even so, medical law it very complex and, moreover, medical negligence can be very hard to prove. When faced with the context of the decisions taken by professionals, there are often several options and things various diagnoses for example, are never an exact science in the initial stages.

If you do decide to proceed with claim against a medical professional or company, your first call should be to the law society. As the governing body of solicitors in the UK, they will be able to give initial advice on how to proceed with a medical negligence claim. After this stage, it is important that you choose a solicitor who has a proven track record in dealing with - and settling - medical negligence claims.

by: Scott E. Benson




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