You believe that the recent medical care or treatment you received was of poor standard, resulting in injury or injury. Incorrect treatment may even mean prescribing the wrong medicine, as a result of which the medicine may have side effects. In that case, can I claim for medical negligence?
Often, people who have suffered from medical neglect are afraid to seek compensation for their injuries, but sometimes the injuries are so serious that they cause changes in their lives. Compensation is intended to bring you back to the position you were in before you were neglected, and if this is not possible, it is awarded appropriately to make life more convenient in more serious and devastating cases. A claim for medical negligence will be calculated based on the damage suffered.
The amount to be awarded depends on the discretion of the court and it only comes down to how many people were injured due to medical negligence and how it affected their quality of life. Of course, more factors should be taken into account, especially if the victim loses income, as well as his own family suffers or is a carer for someone and can no longer perform this duty.
What is medical neglect?
A medical negligence claim (sometimes called a clinical negligence claim) occurs when a patient takes his doctor or hospital (or both) to court for compensation for an act or negligence incurred during medical care. In order for this to happen, the plaintiff must prove that the care provided has fallen below the standard of a competent physician, which caused damage to health and would not have happened otherwise.
When can I make a claim?
Usually, a claim must be made in court within three years of the patient becoming aware of the problem – often negligence. There are times when a medical negligence claim has exceptions, including if the patient is under eighteen years of age or has no mental ability. Judges may make other exceptions, although this is unlikely.
What compensation can I apply for?
To effectively calculate the amount of compensation, it should be divided into two areas, which are below, many people want to know what amounts of compensation for medical negligence they will receive.
- General damage: they are there to compensate the victim for the pain and suffering that arose through neglect. They will be calculated on the basis of how much the victim was injured and how it affected their quality of life. To prove that such injuries have taken place, you will need medical files and impartial medical experts to prove that a person with ordinary skills would not have done such negligence. The compensation calculator can be helpful in determining the amount of compensation.
- Special damages: are intended to compensate for pocket expenses resulting from an incident that caused an act of negligence. Special damages include losses that have been incurred since the date of the incident, and any future cost losses that may occur should be calculated for the future. Special damages may include, but are not limited to:
- Drug costs and medical treatment
- Loss of earnings that have been and will be incurred
- Adaptation to accommodation
- Change of accommodation
- Care required
- Travel costs
- Parking costs
- Specialist gear
