Clinical Negligence Claims are – as the name suggests – made based on suspicions of clinical negligence. If the person affected by clinical negligence is unable to claim personally (due to death or serious injury resulting from the incident), then a friend or family member can make a claim against the medical institution. Because cases of medical negligence carry such serious consequences, insurance companies will pore over every detail of your claim, which may require extensive evidence gathering and long legal battles. Accordingly, they will pursue a detailed investigation before coming to any conclusions. This guide is intended to help you understand what makes these types of claims so difficult and drawn out.
Value of your Claim
Due to the life-changing nature of medical negligence claims, the compensation amounts are far larger than for other types of claims and continue to rise. This increase has concerned many health service providers and lead the British Medical Association and NHS to limit claims in line with the budget of the NHS. However, do not let this limit deter you from seeking compensation for your losses – the value of Clinical Negligence Claims is still enough to help you get back on your feet.
Identifying Medical Negligence
If you have suffered a harmful injury or disease due to the negligence of medical staff, then you may be entitled to compensation for medical negligence. There are many reasons that can contribute to medical negligence, such as:
- If you are diagnosed with the wrong condition.
- If you have been given the wrong medicine for your treatment.
- If you or your relatives weren’t properly informed about the risks of your treatment and did not fully consent to treatment.
- If you have were mistreated during the operation.
Though not all of these factors guarantee rapid claims settlement, the two conditions listed below will affect your potential compensation:
- Did the treatment for your injury fail to meet acceptable medical standards?
- Did your medical treatment (or lack thereof) directly cause or contribute to your current injury and/or condition?
Eligible Conditions for Compensation
If the person affected is not able to personally make the claim, then someone close to them can claim on their behalf. The main conditions eligible for medical negligence claims are:
- Psychological damage
- Prolonged pain and suffering
- Inability to perform daily chores
- Loss of earnings
- Loss of any body part.
- Extra medical expense
The normal time limit for medical negligence claims is three years from the time of the incident. But this limit is affected by the condition of the victim, which can vary depending on the condition. If the affected party is unaware of the negligence, under 18, or suffering from a temporary or permanent mental disability, the time limit may be extended.