Explaining Clinical Malpractice Claims
Clinical malpractice claims – or medical malpractice, clinical negligence or medical negligence claims – can be made when any action, or inaction, by a hospital, clinic or medical professional has led directly to a preventable injury, serious exacerbation of a condition, contraction of a disease, or the death of a patient.
It must be noted that not every injury or death is due to clinical malpractice. Many treatments fail for reasons which no one can be named responsible, it may have been impossible for the patient to have been treated in time, or operations may have been marred by complications which could not have been foreseen.
In order for any injury to have been caused by clinical malpractice, a medical organisation or professional must have breached their duty of care to a patient and not have done all that could reasonably be anticipated to make sure a treatment was successful. Additionally, cases in which diseases such as MRSA were contracted in hospitals can be deemed clinical malpractice as the medical establishment has failed to provide a safe and clean environment for its patients.
Eligibility for Compensation
It is vital that you seek the counsel of an experienced solicitor before deciding to pursue clinical malpractice claims as these cases tend to be very complex. Any claim of this sort needs to be thoroughly evaluated and investigated – an expert in the medical field of the injury must confirm that the action or inaction performed by a medical professional was indeed negligent. Medical records can be accessed to be used as evidence and the suspected negligent party contacted in order to give them the opportunity to explain.
While most many settlements are made through direct negotiations between your solicitor and the negligent party’s insurers, it is not unusual for claims for clinical malpractice to be brought to court.
In court, a judge will determine whether or not the injury is due to clinical negligence by referencing the information presented to him or her. You solicitor must be able to prove that “on the balance of probabilities” clinical negligence has been the cause of your injuries, in order for your claim for clinical malpractice compensation to be successful.
Responsibility for Clinical Malpractice Compensation
Clinical malpractice claims must have resulted in an injury being sustained or a patient’s life being seriously affected by incorrect treatment or medical diagnosis and must include negligence, either by a hospital or clinic or a medical professional. Negligence is considered a breach in the duty of care to a patient or it could potentially be pursued as a breach of contract for paid services, in the case of private health care.
The responsibility of a clinical malpractice claim lying with just one medical professional is rare, and in cases involving multiple negligent parties, each will have contributed to some degree to the injuries suffered. The contributory negligence of each negligent party would be included in the compensation settlement to be awarded for a clinical malpractice claim, and each party would be liable to pay a percentage of that award.
Clinical Malpractice Claims: Conclusion
Clinical malpractice claims have been increasing and a huge number of claims are made each year against medical professionals, clinics and hospitals. Such claims are made for operations that have gone wrong, treatments that have failed, a doctor’s failure to diagnose a condition or disease, or for administrative errors which have resulted in serious injury or death.
The most effective way to establish whether or not your injuries are due to mistakes made by medical professional is to consult with an experienced solicitor who can explain clinical malpractice in regards to your specific case. Claiming clinical malpractice compensation can be complex and will certainly require the patient to engage with a specialist clinical malpractice solicitor.
If you have been injured by a medical practitioner, or feel that a medical professional has caused you accidental or intentional harm, you may qualify to claim for clinical malpractice compensation and should contact a solicitor at the first opportunity possible.