Being in the hospital can be a scary experience. The times when we have to stay in the hospital are often the times when we are at our most vulnerable. We entrust our health and well-being to doctors and other healthcare professionals during these times and we expect them to provide us with the highest standards of care.
Thankfully, on the rare occasions when the standard of care we receive is substandard, a process is in place that makes financial compensation possible.
If you feel that you have suffered an injury or illness as a result of negligence during your stay at the hospital, you are entitled to compensation. However, you should note that the simple fact that you have an illness or injury is not sufficient to prove that clinical negligence has occurred.
To meet the criteria for clinical negligence, you must do so can prove that your injury or illness could have been prevented if alternative treatments had been offered.
What Counts as Medical Negligence?
Not every bad service experience while in the hospital will meet the criteria medical negligence. However, it should also be noted that medical negligence claims do not have to result from a hospital stay.
Any unnecessary suffering that you experience while in any health care facility, or while undergoing any medical procedure, may be considered medical negligence.
The key considerations are whether your suffering is preventable, and whether those responsible for your care can and should anticipate that their course of action will harm you.
Pursue Claims of Negligence
Chasing medical negligence claims is something anyone can do. You should first consult a medical negligence attorney. Lawyers like Medical Negligence Expert can help you, as they will be able to tell you whether your case is strong enough to be worth pursuing, and can offer services at no cost without winning.
The standard of proof you must achieve for medical negligence claims is higher than for other similar types of claims. Medical negligence cases also usually take longer to resolve than other forms of negligence claims.
However, for claims brought against NHS hospitals, 98% are resolved without going to court, meaning either a settlement is reached, or the claim is dropped.
Proof
In terms of substantiating your claim, there are two tests that must be met. The first is that you have an illness or injury, to begin with. This must be proven to have occurred because of the treatment you received from the person or institution you claimed.
The second is that if you accept appropriate forms of alternative medicine, which should be recommended or offered to you, then you will not suffer from illness or injury.
In essence, the evidence will come down to getting another medical opinion from a qualified doctor who supports your case.
Bringing a medical negligence case is not a quick process, but if you feel you have been wronged then you should pursue it.
