Medical negligence, also known as medical malpractice consists in one or several otherwise preventable medical errors, performed by a health care provider intentionally or by omission, that can lead to patient injuries or even death. Medical negligence cases are judged according to national jurisdiction that regulates the standards of care in health clinics and hospitals. Every year, tens of thousands of such errors occurs. The victims are often unaware of the fact that they are entitled to compensation, and the ones who do know the law, are scared by the high costs of a lawsuit and the uncertainty of winning the lawsuits.
Whether you or someone who you hold dear, have been subject to medical negligence, it is important to know that these situations cannot be ignored, regardless of the gravity of the error in question. Your own personal case might not be without hope, but it is your civic duty to report the error in question so that others are not subject to the same risk. The first step is to establish whether or not you have a case. You can do this either by seeking legal advice or by gathering up your facts in order to see whether or not the medical error in question could have been prevented by following the legal standards of care.
The first and most important benefit of filling a medical negligence claim is the fact that you at least have the satisfaction that the person responsible for your injury will be reprehended. Moreover, depending on the gravity of your case, you are entitled to financial compensation. This is particularly helpful for people who, on account of the injuries suffered due to a medical practitioner’s negligence, find themselves unable to carry on with their previously normal lives.
Anyone can suffer on account of medical negligence, from newborns to senior citizens. Moreover, medical errors can occur not only during dangerous situations but even when treating mild medical problems. Any medical practitioner can make an error. Now don’t make the mistake of thinking that negligence claims regard the errors in judgement made by healthcare providers. No, those errors are often without fault. Negligence however, addresses the otherwise preventable errors which can injure a patient or cause them their life. The following claims are not necessarily the most popular cases of medical negligence, but the most common claims that go to court.
In most cases, the risk of the victim is minimum. Lately, more and more medical negligence law firms are working under the No-Win-No-Fee clause. This means that these law firms are only charging the clients that win their negligence law suits. Therefore, you needn’t worry about loosing money by filling a negligence claim. You won’t be wasting your time either. Just think about it: no law company would risk wasting their resources on cases that have small chances of winning. If a No Win No Fee law firm accepts your case, you likely have a solid clam in court. A No Win No Fee, legally known as a contingency fee is the legal fee which the law firm can claim for a certain case. The regulations regarding these fees can differ from one place to another. For example, in the USA, the attorney, usually a medical solicitor, that wins the case is entitled to a percentage of the compensation awarded to their client, whereas in the UK, the successful medical solicitor can charge as much as 100% of their normal fee. The contingent fees are great, because they allow all people to fight for their rights at a decent healthcare.
If the victim of a medical malpractice is a minor or, in the worst case scenarios is dead, thus unable to fight for their right to a fair compensation, other people can file malpractice claims in their name, provided that they have a legal reason to do so.
Whether or not the health care system is running smoothly, one thing is for sure: law suits are big problems for all types of institutions, including hospitals and health clinics. In order to protect themselves from these possible law suits, a lot of health care institutions have to pay expensive insurance rates. In order to decrease these vicious circle of law suits and insurances, various states from the USA and other countries from across the globe have implemented tort reforms. However, these reforms are not meant to stop actual negligence victims from getting compensation, but rather to filter the irrelevant cases and to discourage people from demanding unfair compensations. However, the tort reforms have had an unfair consequence. By diminishing the chances of over the top financial compensation, they have made law firms a lot more selective when it comes to picking their cases. Nevertheless, the implementation of these reforms should not discourage you from at least seeking legal advice in order to see whether or not you have a solid claim.
This website is designed as a complete data resource for healthcare negligence cases. If you are uncertain whether or not you have a solid claim, you can find your answers on our website. Here, you will find comprehensive articles regarding various types of medical malpractice. We can also guide you through the process of finding a good medical negligence attorney as well as through the process of filling a medical negligence claim. We know that aside from the physical damages, medical malpractice also comes with psychological traumas that can be very hard to overcome. We understand that sometimes, a victim may be afraid to fight for their rights or may be scared of the pressure that comes with a law suit. This website is meant to motivate you, to show you that there is hope in any situation and to make you understand, that aside from the financial reasons that should drive you to file a negligence claim, you have a moral duty to do so if you wish to prevent others from going through the same traumas that you did.