Introduction
When we visit healthcare professionals, we expect to receive good quality medical care –– after all, our lives depend on it! However, whilst we place our complete trust and faith in the hands of these professionals, they are still human and are prone to mistakes. Unfortunately, even the best doctors are prone to medical negligence that can result in injury or harm to the patients. In this guide, we’ll be equipping you with sufficient knowledge of medical negligence, as well as how you can be compensated through a Medical negligence claim.
Medical Negligence
Medical negligence is defined as the improper or unskilled treatment of a patient by a healthcare professional that causes a patient’s condition to deteriorate or inflict an injury on them. Such negligent care includes diagnosing a patient wrongly, giving them the wrong medication, or even surgical mistakes. Medical negligence can be committed by any healthcare professionals, from nurses and pharmacists to surgeons and physicians.
Types of Medical Negligence
Medical negligence can happen in several fields of the healthcare industry itself, and such negligence is claimable. You will be surprised to know the range of medically claimable negligence there is out there! We’ve listed several types of medical negligences that you should know to protect yourself from it financially.
Negligence By Doctors
Such medical negligence from doctors often occurs through misdiagnosis that results in serious consequences or worsening of a pre-existing condition. Even delayed diagnosis can be fatal to the patient and can be considered as the doctor’s incompetence. On top of that, the inability to issue proper medicine as a result of misdiagnosis can also be claimed under medical negligence from your doctor.
Negligence in Surgery
Medical negligence during a surgical procedure can often result in further surgeries, infection and sepsis, internal organ damage, immune system failure, and even death. Surgical procedures require extremely high technical skills, and even the smallest mistakes can cause significant effects on the patient. Surgical errors can occur in a variety of forms ranging from wrong-site surgery, unintentional lacerations of an internal organ, uncontrolled blood loss, perforation of an organ, or a foreign object being left in the patient’s body.
Negligence In istering Anesthesia
Anaesthesia is an inherently risky part of any major medical operation and requires a trained specialist to ister and monitor the effect on the patient. Medical negligence can occur through negligent anaesthesia preparation, where the does not properly review the patient’s medical records or isters drugs that the patient is allergic to.
Negligence in Childbirth
Medical negligence during childbirth can take place in several ways, including failure to perform a c-section, complications during induced labour, inability to handle a difficult birth, misdiagnosis of a medical condition, or failure to monitor vital detail signs. All of which can be claimed as medical negligence due to the incompetence of the medical staff.
Less Common Medical Negligence
Some of the less common medical negligence are also claimable. Given the vastness of the medical industry, you can also be protected in niche medical procedures like Urology negligence, cosmetic negligence, optical negligence, dental negligence, and even negligence in liposuction or weight loss procedures.
Proving Medical Negligence
Before you can proceed with your claims, you will have to be able to prove that there was medical negligence. You should be able to substantiate the medical negligence with the financial, psychological, and physical damage you have suffered. This requires demonstrating a link between the incompetence of healthcare staff and the consequential deterioration of your condition.
Claiming for Medical Negligence
No matter how thorough and intelligent you are, it is still best to consult an expert like a medical negligence lawyer who is well-versed in collecting the relevant evidence and who is familiar with the claiming procedures. Getting in touch with an expert will lessen the burden and strain from attempting to claim medical negligence yourself and most importantly, maximize your chances of successfully achieving a favourable claim. The last thing you want is to undergo unnecessary stress after being a victim of medical negligence!
Compensation of Medical Negligence
Compensation for medical negligence claims is made up of two key components –– general damages and special damages.
General Damages
General damages compensate the claimant for the pain and suffering caused by the illness or injury. The amount will depend on the impact of the injury on the person’s quality of life and can include emotional and physical pain, or even loss of reputation.
Altogether, general damages are known as PSLA (pain and suffering and loss of amenity). Loss of amenity here means that the person has lost the ability to live life the way they used to before the negligence, such as no longer being able to see your loved ones or enjoy meals because you have lost the sense of smell.
Special Damages
Special damages compensate for out-of-pocket expenses incurred as a result of the injury. Special damages are split into two categories: past losses and future losses.
Past losses are calculated up to the date when a settlement is reached. They are usually complex and require thorough evaluation. Past losses include loss of earnings due to inability to work, travel expenses for medical care, and cost of treatment or aid.
Future losses are an estimated value of your possible future costs due to your injury. These may include, but are not limited to, future medical bills, cost of therapy and ongoing care, transportation, and future estimated earnings especially if you are unable to continue work.
Medical Negligence’s Time Restrictions
Though the deadline for your medical negligence claim is three years, the earlier you submit your claim, the higher your chances of success. However, there are circumstances where the limitation period may not start until a later time.
Children
The 3-year limitation period does not apply to children in the same way as adults. A parent or close relative –– also known as a ‘Litigation Friend’ –– can claim on their behalf. For children, the 3-year limitation period only begins when they turn 18. For instance, if a child who suffers a birth injury will have until their 21st birthday to make a medical negligence compensation claim.
Mental Capacity
In cases where the injured person does not have the mental capacity to independently make decisions and make a claim, the 3-year limitation period does not apply. It will only apply if the injured person regains mental capacity.
It is also possible that the injured person never regains mental capacity; in this case, the 3-year time limit will never begin and the Litigation Friend of the injured person can pursue a claim on their behalf.
Conclusion
All in all, it is your right to be protected even under the care of what seems to be the most trustworthy people –– medical professionals. After reading this article, we hope that you’d end up more informed and aware of your rights as well as your options. Don’t forget, the biggest medical insurance you could ever get is good health, so take care of yourself!
