Medical negligence-on rise in spite of stringent laws
In spite of the substantial rise in the standard of medical care all over the globe, it is distressing to note that medical negligence cases are not showing any sign of decline, instead there is an increasing trend in the number of claims made against medical institutions as a result of negligence, a cause of great concern.
Medical negligence in legal parlance is an act or failure of a practitioner to act in accordance with acceptable standards of healthcare practice. A medical negligence case is usually filed against medical professional or a hospital when a patient suffers any kind of injury due to substandard or wrong medical treatment of ailment.
By law, any body falling victim to medical negligence can consult a solicitor, seek legal advice and claim for compensation.
People should always be vigilant of treatments they receive from their medical care providers, since there could be chances of something going wrong in the treatment aggravating patient’s suffering and constituting medical negligence.
An act of medical negligence need not always be fatal, but the injury suffered by the victim, if serious, could become cause for filing a medical negligence case.
A victim of medical negligence is entitled by law for adequate financial compensation for the sustained injury, no matter how minor it may be. However, sometimes when the gravity of injury is so less that an injured person may stand to lose more by filing a medical negligence case, it is better not to take any legal action.
Medical negligence and clinical negligence mean the same thing – breach of duty by the medical practitioner causing an injury to the patient. Medical practitioners are supposed to handle any patient’s case with highest responsibility and care. The law holds them guilty for negligence in treatment. They get penalised so that recurrence does not take place.
There are numerous incidents which can be considered as medical negligence in legal terms. Medical negligence can be as simple as making a mistake in giving medicine or doing wrong diagnosis. It can also be a surgical error or a serious lapse in treatment leading to paralysis or sudden death of a patient.
A medical practitioner is supposed to inform the patient regarding medical treatment being given to him/her. The patient has to be informed of possible effects or side effects that the treatment may cause. The medical practitioner is also obliged to inform patient if anything goes wrong in the course of treatment.
All medical practitioners in the UK including physicians, dentists, nurses, laboratory technicians, therapists and health-care practitioners are liable to pay financial compensation to victims of their medical negligence, as the law stands to protect the victims quite strongly.
Medical negligence cases are not simple. They are more complex and the victim must seek advice of experienced medical negligence solicitor in order to make sure that his case deserves filing for a compensation claim. A victim of medical negligence can claim financial losses including medical expenses, loss of income due to absence from work. He can also claim non-financial losses such as emotional distress, loss of relationship with family members, etc.
Updated on 10/3/2009