Medical negligence is the name given when a medical professional has been negligent and this has caused a patient’s injury or death. This means they have failed to provide the expected level of care which has specifically caused the injury or death. Medical negligence legal cases can result in the prosecution of those guilty of negligence and compensation being paid to the effected person or persons.
Criticisms
There have often been criticisms of medical negligence and medical negligence solicitors. They have been criticised for benefitting from mistakes made by others, especially so-called ‘ambulance chasers’, a term used to describe unethical lawyers who encourage victims to sue for damages caused. This type of thing has been blamed for much of the ‘blame culture’ and ‘suing culture’ that some claim has taken over society in recent years – with people always looking for someone to blame and looking to sue for anything they can.
The Reality
The reality is that you cannot sue for anything. For a successful legal case there must be genuine blame and genuine malpractice; we are not talking about innocent mistakes being made. Those who can be held legally responsible for medical malpractice are those who have failed to follow rules and regulations or taken unnecessary short cuts that have put others in danger. It is those who have deliberately ignored their responsibilities which has risked lives or the health of others.
Accountability
Where medical negligence has taken place it is important that those responsible are held accountable. Yes mistakes happen – but negligence cannot be accepted. Genuine mistakes are acceptable – everyone makes mistakes, including health professionals. However, there is a difference between this and taking actions that cause a greater than necessary risk of health problems for patience. Negligence is not carrying out the correct duty of care and correct procedures, and that is not acceptable. Therefore, those guilty must be dealt with by the law and prevented from doing the same again.
Compensation for Victims
People who gain compensation in the event of suffering due to negligence are not being rewarded; they are being compensated for something that has negatively impacted their lives. Examples of this include people who have lost loved ones, those who are forced to give up work, those no longer able to walk, and those who have lost their hearing or eyesight. Compensation in some cases is needed so victims can get the healthcare they require or to compensate for a loss of earnings.
There are bad apples in the medical negligence industry including some who encourage others to sue when there aren’t the right circumstances for legal proceedings. However, the majority of Medical Negligence Solicitors are looking to help those in need; to improve the lives of victims and hold responsible those who have caused patient’s problems through negligence. There is an important distinction between genuine mistakes and negligence. Mistakes are acceptable while negligence is not, making it important to have the legal system to correctly deal with these issues when they occur.
Andrew Marshall ©
Showing posts with label medical negligence. Show all posts
Showing posts with label medical negligence. Show all posts
Friday, February 17, 2012
Tuesday, October 18, 2011
Examples of Personal Injury Claims
Personal injury solicitors are those who represent clients who have been injured, or whose injuries have been worsened, by others being negligent. These include injuries that could have been prevented and where doctors or other medical practitioners have not done their job as they should have. In these cases medical negligence solicitors may be needed. This article looks at some examples of where there may be possible personal injury cases.
Some of the most common personal injury cases come from car accidents. There can be a claim where someone has been seriously injured after a car accident that is deemed the fault of another driver. This can be to pay for medical help or a loss of their quality of life in serious situations, such as where the victim has been paralysed. Normally this will not be paid for by the at-fault driver, but by his or her insurance company. Were the driver uninsured or driving illegally then they may have to pay any compensation themselves. Compensation can be either on-going (if regular, indefinite, medical assistance is required) or a one-off lump sum.
Medical negligence is where a professional medical practitioner is held legally responsible due to a mistake or lack of foresight. Below are a couple of examples:
Someone might go to the doctor due to some chest pain. If the doctor does not investigate, perhaps saying it must just be temporary chest pain or indigestion, and it turns out to be a serious heart condition, then he or she could be held legally responsible. It could be deemed that the doctor could have dealt with the problem effectively had it been investigated.
Another example is if someone is having an operation and a mistake is made. Doctors will not be held responsible for genuine mistakes, but if it is due to not following procedure properly, they could be.
The outcome of clinical negligence cases can vary massively. It depends on the circumstances of the mistake and the problems it has caused.
Accidents or illness suffered at work can also lead to personal injury cases. If someone has an accident due to a lack of protection is could lead to legal proceedings. Below are three examples:
Someone who works in a music venue is not given earplugs or other protection and suffers a loss of hearing.
Someone whose job involves heavy lifting suffers back problems having not been trained to lift correctly.
A builder who has not been given a safety helmet suffers a serious head injury after something falls from above.
Assault is another area that can lead to a legal case. If someone has been attacked in the street for no reason they could sue the attacker. This is also the case if attacked by a burglar in your home, or any number of other cases where there has been an assault.
Manufacturers can end up in court if they are to blame for injuries. For example, if someone gets a neck injury using a bouncy castle, a faulty car or bike causes an injury, or someone is electrocuted due to a manufacturing fault while listening to their personal stereo.
As well as physical injuries, people can seek damages if they have suffered psychologically due to the fault of someone else. This is the case if someone has been psychologically impacted by a road accident, perhaps leaving them unable to drive due to the trauma.
Andrew Marshall (c)
Some of the most common personal injury cases come from car accidents. There can be a claim where someone has been seriously injured after a car accident that is deemed the fault of another driver. This can be to pay for medical help or a loss of their quality of life in serious situations, such as where the victim has been paralysed. Normally this will not be paid for by the at-fault driver, but by his or her insurance company. Were the driver uninsured or driving illegally then they may have to pay any compensation themselves. Compensation can be either on-going (if regular, indefinite, medical assistance is required) or a one-off lump sum.
Medical negligence is where a professional medical practitioner is held legally responsible due to a mistake or lack of foresight. Below are a couple of examples:
Someone might go to the doctor due to some chest pain. If the doctor does not investigate, perhaps saying it must just be temporary chest pain or indigestion, and it turns out to be a serious heart condition, then he or she could be held legally responsible. It could be deemed that the doctor could have dealt with the problem effectively had it been investigated.
Another example is if someone is having an operation and a mistake is made. Doctors will not be held responsible for genuine mistakes, but if it is due to not following procedure properly, they could be.
The outcome of clinical negligence cases can vary massively. It depends on the circumstances of the mistake and the problems it has caused.
Accidents or illness suffered at work can also lead to personal injury cases. If someone has an accident due to a lack of protection is could lead to legal proceedings. Below are three examples:
Someone who works in a music venue is not given earplugs or other protection and suffers a loss of hearing.
Someone whose job involves heavy lifting suffers back problems having not been trained to lift correctly.
A builder who has not been given a safety helmet suffers a serious head injury after something falls from above.
Assault is another area that can lead to a legal case. If someone has been attacked in the street for no reason they could sue the attacker. This is also the case if attacked by a burglar in your home, or any number of other cases where there has been an assault.
Manufacturers can end up in court if they are to blame for injuries. For example, if someone gets a neck injury using a bouncy castle, a faulty car or bike causes an injury, or someone is electrocuted due to a manufacturing fault while listening to their personal stereo.
As well as physical injuries, people can seek damages if they have suffered psychologically due to the fault of someone else. This is the case if someone has been psychologically impacted by a road accident, perhaps leaving them unable to drive due to the trauma.
Andrew Marshall (c)
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